{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-104.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-104.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-104.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-104.01.html"}],"law_id":53977,"edition_id":1,"section_id":53977,"structure_id":12821,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","history":"2024, c. 830.","full_text":"The Commission, with assistance from the Ombudsman for Tribal Consultation designated pursuant to \u00a7 2.2-401.01, shall develop policies and procedures to ensure an opportunity for meaningful and appropriate written consultation with federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Commission. The Commission 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 underwater recovery permits issued pursuant to \u00a7 10.1-2214 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of \u00a7 2.2-401.01. 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 Commission 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 Commission’s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.","order_by":null,"text":{"0":{"id":198215,"text":"The Commission, with assistance from the Ombudsman for Tribal Consultation designated pursuant to \u00a7 2.2-401.01, shall develop policies and procedures to ensure an opportunity for meaningful and appropriate written consultation with federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Commission. The Commission 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 underwater recovery permits issued pursuant to \u00a7 10.1-2214 in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of \u00a7 2.2-401.01. 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 Commission 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 Commission’s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12821,"edition_id":1,"name":"Commission; Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12820,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190595,"object_type":"structure","relational_id":12821,"identifier":"1","token":"28.2\/I\/1\/1","url":"\/28.2\/I\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12820,"edition_id":1,"name":"Administration","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12819,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190593,"object_type":"structure","relational_id":12820,"identifier":"1","token":"28.2\/I\/1","url":"\/28.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12819,"edition_id":1,"name":"General Provisions Relating to Marine Resources Commission","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190591,"object_type":"structure","relational_id":12819,"identifier":"I","token":"28.2\/I","url":"\/28.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55539,"structure_id":12821,"section_number":"28.2-100","catch_line":"Definitions","url":"\/28.2-100\/","token":"28.2\/I\/1\/1\/28.2-100","metadata":false},{"id":83264,"structure_id":12821,"section_number":"28.2-101","catch_line":"Jurisdiction of Commission","url":"\/28.2-101\/","token":"28.2\/I\/1\/1\/28.2-101","metadata":false},{"id":87172,"structure_id":12821,"section_number":"28.2-102","catch_line":"Commission membership; chairman; qualifications; terms; meetings","url":"\/28.2-102\/","token":"28.2\/I\/1\/1\/28.2-102","metadata":false},{"id":67711,"structure_id":12821,"section_number":"28.2-103","catch_line":"General powers of Commission; promulgation of regulations","url":"\/28.2-103\/","token":"28.2\/I\/1\/1\/28.2-103","metadata":false},{"id":59357,"structure_id":12821,"section_number":"28.2-104","catch_line":"Commissioner; general powers and duties","url":"\/28.2-104\/","token":"28.2\/I\/1\/1\/28.2-104","metadata":false},{"id":53977,"structure_id":12821,"section_number":"28.2-104.01","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/28.2-104.01\/","token":"28.2\/I\/1\/1\/28.2-104.01","metadata":false},{"id":64559,"structure_id":12821,"section_number":"28.2-104.1","catch_line":"Living shorelines; development of general permit; guidance","url":"\/28.2-104.1\/","token":"28.2\/I\/1\/1\/28.2-104.1","metadata":false},{"id":63736,"structure_id":12821,"section_number":"28.2-105","catch_line":"Legal representation for employees in criminal prosecution; compensation","url":"\/28.2-105\/","token":"28.2\/I\/1\/1\/28.2-105","metadata":false}],"previous_section":{"id":59357,"structure_id":12821,"section_number":"28.2-104","catch_line":"Commissioner; general powers and duties","url":"\/28.2-104\/","token":"28.2\/I\/1\/1\/28.2-104","metadata":false},"next_section":{"id":64559,"structure_id":12821,"section_number":"28.2-104.1","catch_line":"Living shorelines; development of general permit; guidance","url":"\/28.2-104.1\/","token":"28.2\/I\/1\/1\/28.2-104.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-104.01\/","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":74703,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","order_by":null,"url":"\/10.1-2214\/"},{"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":74703,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","order_by":null,"url":"\/10.1-2214\/"},{"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":190617,"object_type":"law","relational_id":53977,"identifier":"28.2-104.01","token":"28.2\/I\/1\/1\/28.2-104.01","url":"\/28.2-104.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-104.01\/","token":"28.2\/I\/1\/1\/28.2-104.01","dublin_core":{"Title":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-104.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span>, with assistance from the Ombudsman for Tribal Consultation designated pursuant to \u00a7 2.2-401.01<\/a>, shall develop policies and procedures to ensure an opportunity for meaningful and appropriate written consultation with federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Commission<\/span>. The Commission<\/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 underwater recovery permits issued pursuant to \u00a7 10.1-2214<\/a> in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of \u00a7 2.2-401.01<\/a>. 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 Commission<\/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 Commission<\/span>’s policies and procedures, the consultation provisions of this section shall be deemed fulfilled.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE\nCOMMONWEALTH (\u00a7 28.2-104.01)\n\nThe Commission, with assistance from the Ombudsman for Tribal Consultation\ndesignated pursuant to \u00a7 2.2-401.01, shall develop policies and procedures to\nensure an opportunity for meaningful and appropriate written consultation with\nfederally recognized Tribal Nations in the Commonwealth regarding certain major\nactions or permits issued by the Commission. The Commission shall designate an\nagency official to evaluate the adequacy of consultation and ensure that agency\nconsultation practices are consistent. Actions and permits appropriate for\nconsultation shall include underwater recovery permits issued pursuant to \u00a7\n10.1-2214 in a locality identified by the Ombudsman for Tribal Consultation\npursuant to subdivision B 2 of \u00a7 2.2-401.01. The policies shall define an\nappropriate means of notifying federally recognized Tribal Nations in the\nCommonwealth based on tribal preferences, ensure that sufficient information and\ntime is provided for the federally recognized Tribal Nations in the Commonwealth\nto fully engage in consultation regarding the proposed action, and establish\nprocedures for the Commission to provide feedback to the federally recognized\nTribal Nations in the Commonwealth to explain how their input was considered.\nShould feedback from the federally recognized Tribal Nations in the Commonwealth\nnot be received by the deadline established in the Commission’s policies\nand procedures, the consultation provisions of this section shall be deemed\nfulfilled.\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}}