{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-104.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-104.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-104.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-104.02.html"}],"law_id":82104,"edition_id":1,"section_id":82104,"structure_id":15449,"section_number":"10.1-104.02","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","history":"2024, c. 830.","full_text":"A\n\nThe Department, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01, shall develop policies and procedures, to the extent permitted by law, to ensure an opportunity for meaningful and appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Department. The Department shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include the projects and actions set forth in subsection B. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Department to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department’s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.B\n\nThe following actions and projects are subject to consultation as set forth in subsection A: (i) cave collection permits, issued pursuant to the Cave Protection Act (§ 10.1-1000 et seq.), for permit applications pertaining to the study, extraction, or removal of any archaeological or historic feature in a cave in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 and (ii) Virginia-regulated impounding structures permits issued pursuant to 4VAC50-20-70 and 4VAC50-20-80 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01.","order_by":null,"text":{"0":{"id":294267,"text":"The Department, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01, shall develop policies and procedures, to the extent permitted by law, to ensure an opportunity for meaningful and appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Department. The Department shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include the projects and actions set forth in subsection B. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Department to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department’s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294268,"text":"The following actions and projects are subject to consultation as set forth in subsection A: (i) cave collection permits, issued pursuant to the Cave Protection Act (§ 10.1-1000 et seq.), for permit applications pertaining to the study, extraction, or removal of any archaeological or historic feature in a cave in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 and (ii) Virginia-regulated impounding structures permits issued pursuant to 4VAC50-20-70 and 4VAC50-20-80 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15449,"edition_id":1,"name":"Department of Conservation and Recreation","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13383,"metadata":{},"date_created":"2026-06-26 03:55:07","date_modified":"2026-06-26 03:55:07","permalink":{"id":143319,"object_type":"structure","relational_id":15449,"identifier":"1","token":"10.1\/I\/1\/1","url":"\/10.1\/I\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13383,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:44:45","date_modified":"2026-06-26 03:44:45","permalink":{"id":143317,"object_type":"structure","relational_id":13383,"identifier":"1","token":"10.1\/I\/1","url":"\/10.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80913,"structure_id":15449,"section_number":"10.1-100","catch_line":"Definitions","url":"\/10.1-100\/","token":"10.1\/I\/1\/1\/10.1-100","metadata":false},{"id":58849,"structure_id":15449,"section_number":"10.1-101","catch_line":"Department continued; appointment of Director","url":"\/10.1-101\/","token":"10.1\/I\/1\/1\/10.1-101","metadata":false},{"id":58860,"structure_id":15449,"section_number":"10.1-102","catch_line":"Powers and duties of Director","url":"\/10.1-102\/","token":"10.1\/I\/1\/1\/10.1-102","metadata":false},{"id":83293,"structure_id":15449,"section_number":"10.1-103","catch_line":"Organization of the Department","url":"\/10.1-103\/","token":"10.1\/I\/1\/1\/10.1-103","metadata":false},{"id":59850,"structure_id":15449,"section_number":"10.1-104","catch_line":"Powers of the Department","url":"\/10.1-104\/","token":"10.1\/I\/1\/1\/10.1-104","metadata":false},{"id":83147,"structure_id":15449,"section_number":"10.1-104.01","catch_line":"Repealed","url":"\/10.1-104.01\/","token":"10.1\/I\/1\/1\/10.1-104.01","metadata":false},{"id":82104,"structure_id":15449,"section_number":"10.1-104.02","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-104.02\/","token":"10.1\/I\/1\/1\/10.1-104.02","metadata":false},{"id":73665,"structure_id":15449,"section_number":"10.1-104.1","catch_line":"Department to assist in the nonpoint source pollution management program","url":"\/10.1-104.1\/","token":"10.1\/I\/1\/1\/10.1-104.1","metadata":false},{"id":64547,"structure_id":15449,"section_number":"10.1-104.2","catch_line":"Voluntary nutrient management training and certification program","url":"\/10.1-104.2\/","token":"10.1\/I\/1\/1\/10.1-104.2","metadata":false},{"id":63863,"structure_id":15449,"section_number":"10.1-104.2:1","catch_line":"Nitrogen application rates; regulations","url":"\/10.1-104.2_1\/","token":"10.1\/I\/1\/1\/10.1-104.2_1","metadata":false},{"id":86918,"structure_id":15449,"section_number":"10.1-104.3","catch_line":"Clean Water Farm Award Program","url":"\/10.1-104.3\/","token":"10.1\/I\/1\/1\/10.1-104.3","metadata":false},{"id":75706,"structure_id":15449,"section_number":"10.1-104.4","catch_line":"Nutrient management plans required for state lands; review of plans","url":"\/10.1-104.4\/","token":"10.1\/I\/1\/1\/10.1-104.4","metadata":false},{"id":80035,"structure_id":15449,"section_number":"10.1-104.5","catch_line":"Nutrient management plans required for golf courses; penalty","url":"\/10.1-104.5\/","token":"10.1\/I\/1\/1\/10.1-104.5","metadata":false},{"id":63499,"structure_id":15449,"section_number":"10.1-104.6","catch_line":"Supplemental environmental projects","url":"\/10.1-104.6\/","token":"10.1\/I\/1\/1\/10.1-104.6","metadata":false},{"id":61044,"structure_id":15449,"section_number":"10.1-104.6:1","catch_line":"ConserveVirginia program established","url":"\/10.1-104.6_1\/","token":"10.1\/I\/1\/1\/10.1-104.6_1","metadata":false},{"id":63217,"structure_id":15449,"section_number":"10.1-104.6:2","catch_line":"Invasive plant species","url":"\/10.1-104.6_2\/","token":"10.1\/I\/1\/1\/10.1-104.6_2","metadata":false}],"previous_section":{"id":83147,"structure_id":15449,"section_number":"10.1-104.01","catch_line":"Repealed","url":"\/10.1-104.01\/","token":"10.1\/I\/1\/1\/10.1-104.01","metadata":false},"next_section":{"id":73665,"structure_id":15449,"section_number":"10.1-104.1","catch_line":"Department to assist in the nonpoint source pollution management program","url":"\/10.1-104.1\/","token":"10.1\/I\/1\/1\/10.1-104.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-104.02\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 830<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":83857,"section_number":"10.1-1003","catch_line":"Permits for excavation and scientific investigation; how obtained; penalties","order_by":null,"url":"\/10.1-1003\/"},{"id":79241,"section_number":"2.2-401.01","catch_line":"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People's Trust Fund","order_by":null,"url":"\/2.2-401.01\/"}],"refers_to":[{"id":81377,"section_number":"10.1-1000","catch_line":"Definitions","order_by":null,"url":"\/10.1-1000\/"},{"id":79241,"section_number":"2.2-401.01","catch_line":"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People's Trust Fund","order_by":null,"url":"\/2.2-401.01\/"}],"permalink":{"id":143345,"object_type":"law","relational_id":82104,"identifier":"10.1-104.02","token":"10.1\/I\/1\/1\/10.1-104.02","url":"\/10.1-104.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-104.02\/","token":"10.1\/I\/1\/1\/10.1-104.02","dublin_core":{"Title":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-104.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span>, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 2.2-401.01<\/a>, shall develop policies and procedures, to the extent permitted by law<\/span>, to ensure an opportunity for meaningful and appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Department<\/span>. The Department<\/span> shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include the projects and actions set forth in subsection B. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Department<\/span> to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department<\/span>’s policies and procedures, the consultation provisions of this section shall be deemed fulfilled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following actions and projects are subject to consultation as set forth in subsection A: (i) cave collection permits, issued pursuant to the Cave Protection Act (§ 10.1-1000<\/a> et seq.), for permit applications pertaining to the study, extraction, or removal of any archaeological or historic feature in a cave in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01<\/a> and (ii) Virginia-regulated impounding structures permits issued pursuant to 4VAC50-20-70 and 4VAC50-20-80 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE\nCOMMONWEALTH (\u00a7 10.1-104.02)\n\nA. The Department, with assistance from the Ombudsman for Tribal Consultation\ndesignated pursuant to § 2.2-401.01, shall develop policies and procedures,\nto the extent permitted by law, to ensure an opportunity for meaningful and\nappropriate written consultation with potentially impacted federally recognized\nTribal Nations in the Commonwealth regarding certain major actions or permits\nissued by the Department. The Department shall designate an agency official to\nevaluate the adequacy of consultation and ensure that agency consultation\npractices are consistent. Actions and permits appropriate for consultation shall\ninclude the projects and actions set forth in subsection B. The policies shall\ndefine an appropriate means of notifying federally recognized Tribal Nations in\nthe Commonwealth based on tribal preferences, ensure that sufficient information\nand time is provided for the federally recognized Tribal Nations in the\nCommonwealth to fully engage in consultation regarding the proposed action, and\nestablish procedures for the Department to provide feedback to the federally\nrecognized Tribal Nations in the Commonwealth to explain how their input was\nconsidered. Should feedback from the federally recognized Tribal Nations in the\nCommonwealth not be received by the deadline established in the\nDepartment’s policies and procedures, the consultation provisions of this\nsection shall be deemed fulfilled.\n\nB. The following actions and projects are subject to consultation as set forth\nin subsection A: (i) cave collection permits, issued pursuant to the Cave\nProtection Act (§ 10.1-1000 et seq.), for permit applications pertaining to\nthe study, extraction, or removal of any archaeological or historic feature in a\ncave in a locality identified by the Ombudsman for Tribal Consultation pursuant\nto subdivision B 2 of § 2.2-401.01 and (ii) Virginia-regulated impounding\nstructures permits issued pursuant to 4VAC50-20-70 and 4VAC50-20-80 in a\nlocality identified by the Ombudsman for Tribal Consultation pursuant to\nsubdivision B 2 of § 2.2-401.01.\n\nHISTORY: 2024, c. 830.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}