Tribal Compensatory Mitigation

by Mariah Black Bird-Perry

Tribal compensatory mitigation, how often do you hear that idea? A question as equally important is how often does the idea come up but get shut down because navigating the compensatory mitigation rule and guidelines, along with tribal sovereignty and considerations, is too challenging? Environmental damage, climate change and the need for restoration does not discriminate against tribal lands. Neither do federal regulations to provide no net loss offsets to natural resources. Tribes, like anyone else, can develop a need for offsets on tribal lands, whether it be from tribal development or something else. However, when there is a need for offsets, what are the considerations for tribes and how do they navigate a regulatory program that does not consider them as a sponsor or participant in providing offsets? Dive in and learn a little bit more about the tribes who have navigated Section 404 Clean Water Act, the Compensatory Mitigation rule.