                                 CODE OF VIRGINIA

POLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE
COMMONWEALTH (§ 10.1-1186.3:1)

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 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. For environmental impact reports for major
state projects prepared pursuant to &#xA7; 10.1-1188, the policies and
procedures shall require the state project proponent to perform the required
consultation.

B. The following actions and projects in a locality identified by the Ombudsman
for Tribal Consultation pursuant to subdivision B 2 of &#xA7; 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 &#xA7; 10.1-1188, (ii)
State Corporation Commission project reports prepared pursuant to &#xA7; 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 &#xA7; 307 of the
federal Coastal Zone Management Act of 1972 (16 U.S.C. &#xA7; 1451 et seq.), and
(v) ground water withdrawal permits for ground water withdrawals greater than
365 million gallons per year issued pursuant to &#xA7; 62.1-266.

HISTORY: 2024, c. 830.