                                 CODE OF VIRGINIA

POLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE
COMMONWEALTH (§ 10.1-2205.1)

A. The Department, with assistance from the Ombudsman for Tribal Consultation
designated pursuant to &#xA7; 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 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 developing informed opinions about 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&#8217;s policies and procedures, the consultation provisions of this
section shall be deemed fulfilled.

B. The following actions and projects are subject to consultation as set forth
in subsection A: (i) the designation of historic districts, buildings,
structures, or sites as historic landmarks pursuant to &#xA7; 10.1-2206.1; (ii)
permits to conduct field investigations pursuant to &#xA7; 10.1-2302; and (iii)
burial permits for relocation of human remains issued pursuant to &#xA7;
10.1-2305.

HISTORY: 2024, c. 830.