                                 CODE OF VIRGINIA

POLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE
COMMONWEALTH (§ 10.1-104.02)

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 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&#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) cave collection permits, issued pursuant to the Cave
Protection Act (&#xA7; 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 &#xA7; 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 &#xA7; 2.2-401.01.

HISTORY: 2024, c. 830.