{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1186.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1186.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1186.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1186.3_1.html"}],"law_id":57009,"edition_id":1,"section_id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","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. For environmental impact reports for major state projects prepared pursuant to § 10.1-1188, the policies and procedures shall require the state project proponent to perform the required consultation.B\n\nThe following actions and projects in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 are subject to consultation as set forth in subsection A: (i) environmental impact reports for major state projects prepared pursuant to § 10.1-1188, (ii) State Corporation Commission project reports prepared pursuant to § 56-46.1 and 20VAC5-302-25, (iii) environmental impact assessments for oil or gas well drilling operations in Tidewater Virginia prepared pursuant to 9VAC15-20, (iv) federal consistency determinations prepared pursuant to § 307 of the federal Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), and (v) ground water withdrawal permits for ground water withdrawals greater than 365 million gallons per year issued pursuant to § 62.1-266.","order_by":null,"text":{"0":{"id":208821,"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. For environmental impact reports for major state projects prepared pursuant to § 10.1-1188, the policies and procedures shall require the state project proponent to perform the required consultation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208822,"text":"The following actions and projects in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 are subject to consultation as set forth in subsection A: (i) environmental impact reports for major state projects prepared pursuant to § 10.1-1188, (ii) State Corporation Commission project reports prepared pursuant to § 56-46.1 and 20VAC5-302-25, (iii) environmental impact assessments for oil or gas well drilling operations in Tidewater Virginia prepared pursuant to 9VAC15-20, (iv) federal consistency determinations prepared pursuant to § 307 of the federal Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), and (v) ground water withdrawal permits for ground water withdrawals greater than 365 million gallons per year issued pursuant to § 62.1-266.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14493,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":145335,"object_type":"structure","relational_id":14493,"identifier":"1","token":"10.1\/II\/11.1\/1","url":"\/10.1\/II\/11.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","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":56886,"structure_id":14493,"section_number":"10.1-1182","catch_line":"Definitions","url":"\/10.1-1182\/","token":"10.1\/II\/11.1\/1\/10.1-1182","metadata":false},{"id":87314,"structure_id":14493,"section_number":"10.1-1182.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1182.1\/","token":"10.1\/II\/11.1\/1\/10.1-1182.1","metadata":false},{"id":73247,"structure_id":14493,"section_number":"10.1-1183","catch_line":"Creation of Department of Environmental Quality; statement of policy","url":"\/10.1-1183\/","token":"10.1\/II\/11.1\/1\/10.1-1183","metadata":false},{"id":83890,"structure_id":14493,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","url":"\/10.1-1183.1\/","token":"10.1\/II\/11.1\/1\/10.1-1183.1","metadata":false},{"id":55967,"structure_id":14493,"section_number":"10.1-1184","catch_line":"State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board continued","url":"\/10.1-1184\/","token":"10.1\/II\/11.1\/1\/10.1-1184","metadata":false},{"id":76875,"structure_id":14493,"section_number":"10.1-1184.1","catch_line":"Additional duties of Department; controversial permits","url":"\/10.1-1184.1\/","token":"10.1\/II\/11.1\/1\/10.1-1184.1","metadata":false},{"id":62821,"structure_id":14493,"section_number":"10.1-1184.2","catch_line":"Regulations; civil penalties; written notice of violation","url":"\/10.1-1184.2\/","token":"10.1\/II\/11.1\/1\/10.1-1184.2","metadata":false},{"id":85400,"structure_id":14493,"section_number":"10.1-1185","catch_line":"Appointment of Director; powers and duties of Director","url":"\/10.1-1185\/","token":"10.1\/II\/11.1\/1\/10.1-1185","metadata":false},{"id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","metadata":false},{"id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","metadata":false},{"id":83468,"structure_id":14493,"section_number":"10.1-1186.1","catch_line":"Department to publish toxics inventory","url":"\/10.1-1186.1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1","metadata":false},{"id":79857,"structure_id":14493,"section_number":"10.1-1186.1:1","catch_line":"Hazardous Waste Site Inventory","url":"\/10.1-1186.1_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1_1","metadata":false},{"id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","metadata":false},{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},{"id":65720,"structure_id":14493,"section_number":"10.1-1186.5","catch_line":"Expired","url":"\/10.1-1186.5\/","token":"10.1\/II\/11.1\/1\/10.1-1186.5","metadata":false},{"id":64303,"structure_id":14493,"section_number":"10.1-1186.6","catch_line":"Carbon market participation; submerged aquatic vegetation","url":"\/10.1-1186.6\/","token":"10.1\/II\/11.1\/1\/10.1-1186.6","metadata":false},{"id":59129,"structure_id":14493,"section_number":"10.1-1187","catch_line":"Provision of the Code continued","url":"\/10.1-1187\/","token":"10.1\/II\/11.1\/1\/10.1-1187","metadata":false}],"previous_section":{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},"next_section":{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1186.3:1\/","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":64699,"section_number":"10.1-1188","catch_line":"State agencies to submit environmental impact reports on major projects","order_by":null,"url":"\/10.1-1188\/"},{"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\/"},{"id":62679,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","order_by":null,"url":"\/62.1-266\/"}],"refers_to":[{"id":64699,"section_number":"10.1-1188","catch_line":"State agencies to submit environmental impact reports on major projects","order_by":null,"url":"\/10.1-1188\/"},{"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\/"},{"id":71170,"section_number":"56-46.1","catch_line":"Commission to consider environmental, economic, and improvements in service reliability factors in approving construction of electrical utility facilities; approval required for construction of certain electrical transmission lines; notice and hearings","order_by":null,"url":"\/56-46.1\/"},{"id":62679,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","order_by":null,"url":"\/62.1-266\/"}],"permalink":{"id":145397,"object_type":"law","relational_id":57009,"identifier":"10.1-1186.3:1","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","url":"\/10.1-1186.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","dublin_core":{"Title":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1186.3:1","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. For environmental impact reports for major state projects prepared pursuant to § 10.1-1188<\/a>, the policies and procedures shall require the state project proponent to perform the required consultation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following actions and projects in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01<\/a> are subject to consultation as set forth in subsection A: (i) environmental impact reports for major state projects prepared pursuant to § 10.1-1188<\/a>, (ii) State Corporation Commission project reports prepared pursuant to § 56-46.1<\/a> and 20VAC5-302-25, (iii) environmental impact assessments for oil or gas well drilling operations in Tidewater Virginia prepared pursuant to 9VAC15-20, (iv) federal consistency determinations prepared pursuant to § 307 of the federal Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), and (v) ground water withdrawal permits for ground water withdrawals greater than 365 million gallons per year issued pursuant to § 62.1-266<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE\nCOMMONWEALTH (\u00a7 10.1-1186.3:1)\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. For environmental impact reports for major\nstate projects prepared pursuant to § 10.1-1188, the policies and\nprocedures shall require the state project proponent to perform the required\nconsultation.\n\nB. The following actions and projects in a locality identified by the Ombudsman\nfor Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01 are\nsubject to consultation as set forth in subsection A: (i) environmental impact\nreports for major state projects prepared pursuant to § 10.1-1188, (ii)\nState Corporation Commission project reports prepared pursuant to § 56-46.1\nand 20VAC5-302-25, (iii) environmental impact assessments for oil or gas well\ndrilling operations in Tidewater Virginia prepared pursuant to 9VAC15-20, (iv)\nfederal consistency determinations prepared pursuant to § 307 of the\nfederal Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), and\n(v) ground water withdrawal permits for ground water withdrawals greater than\n365 million gallons per year issued pursuant to § 62.1-266.\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}}