                                 CODE OF VIRGINIA

LIAISON TO VIRGINIA INDIAN TRIBES; OMBUDSMAN FOR TRIBAL CONSULTATION; VIRGINIA
INDIGENOUS PEOPLE&#8217;S TRUST FUND (§ 2.2-401.01)

A. The Secretary of the Commonwealth shall:

   1. Serve as the Governor&#8217;s liaison to the Virginia Indian tribes;

   2. Designate an Ombudsman for Tribal Consultation pursuant to subsection B;
   and

   3. Report annually on the status of Indian tribes in Virginia.

B. The Secretary of the Commonwealth shall designate, in consultation with and
upon the advice of federally recognized Tribal Nations in the Commonwealth, an
Ombudsman for Tribal Consultation (the Ombudsman). The Ombudsman shall:

   1. Facilitate communication between federally recognized Tribal Nations in the
   Commonwealth and relevant state agencies and local governments for
   consultation on environmental, cultural, and historical permits and reviews;

   2. Develop a list of localities in ongoing consultation with the federally
   recognized Tribal Nations in which federally recognized Tribal Nations in the
   Commonwealth shall be consulted regarding actions and projects pursuant to
   &#xA7;&#xA7; 10.1-104.02, 10.1-1186.3:1, 10.1-2205.1, and 28.2-104.01;

   3. Assist the Department of Environmental Quality, the Department of
   Conservation and Recreation, the Department of Historic Resources, and the
   Virginia Marine Resources Commission in developing policies and procedures to
   ensure meaningful and appropriate consultation with federally recognized
   Tribal Nations in the Commonwealth regarding permits and reviews; and

   4. Make recommendations to the Governor about additional permits and reviews
   that, in the opinion of the Ombudsman, should require consultation with
   federally recognized Tribal Nations in the Commonwealth.

C. The Secretary of the Commonwealth may establish a Virginia Indian advisory
board to assist the Secretary in reviewing applications seeking recognition as a
Virginia Indian tribe and to make recommendations to the Secretary, the
Governor, and the General Assembly on such applications and other matters
relating to recognition as follows:

   1. The members of any such board shall be composed of no more than seven
   members to be appointed by the Secretary as follows: at least three of the
   members shall be members of Virginia recognized tribes to represent the
   Virginia Indian community, and one nonlegislative citizen member shall
   represent the Commonwealth&#8217;s scholarly community. The Librarian of
   Virginia, the Director of the Department of Historic Resources, and the
   Superintendent of Public Instruction, or their designees, shall serve ex
   officio with voting privileges. Nonlegislative citizen members of any such
   board shall be citizens of the Commonwealth. Ex officio members shall serve
   terms coincident with their terms of office. Nonlegislative citizen members
   shall be appointed for a term of two years. Appointments to fill vacancies,
   other than by expiration of a term, shall be for the unexpired terms. All
   members may be reappointed. The Secretary of the Commonwealth shall appoint a
   chairperson from among the members for a two-year term. Members shall be
   reimbursed for reasonable and necessary expenses incurred in the performance
   of their duties as provided in &#xA7;&#xA7; 2.2-2813 and 2.2-2825.

   2. Any such board shall have the following powers and duties:
   				a. Establish guidance for documentation required to meet the criteria for
   full recognition of the Virginia Indian tribes that is consistent with the
   principles and requirements of federal tribal recognition;
   				b. Establish a process for accepting and reviewing all applications for
   full tribal recognition;
   				c. Appoint and establish a workgroup on tribal recognition composed of
   nonlegislative citizens at large who have knowledge of Virginia Indian history
   and current status. Such workgroup (i) may be activated in any year in which
   an application for full tribal recognition has been submitted and in other
   years as deemed appropriate by any such board and (ii) shall include at a
   minimum a genealogist and at least two scholars with recognized familiarity
   with Virginia Indian tribes. No member of the workgroup shall be associated in
   any way with the applicant. Members of the workgroup shall be reimbursed for
   reasonable and necessary expenses incurred in the performance of their duties
   as provided in &#xA7;&#xA7; 2.2-2813 and 2.2-2825;
   				d. Solicit, accept, use, and dispose of gifts, grants, donations,
   bequests, or other funds or real or personal property for the purpose of
   aiding or facilitating the work of the board;
   				e. Make recommendations to the Secretary for full tribal recognition based
   on the findings of the workgroup and the board; and
   				f. Perform such other duties, functions, and activities as may be
   necessary to facilitate and implement the objectives of this subsection.

D. There is hereby created in the state treasury a special nonreverting fund to
be known as the Virginia Indigenous People&#8217;s Trust Fund, referred to in
this section as &#8220;the Fund.&#8221; The Fund shall be established on the
books of the Comptroller. All funds appropriated for such purpose, any tax
revenue accruing to the Fund pursuant to &#xA7; 58.1-4125, and any gifts,
donations, grants, bequests, and other funds received on its behalf shall be
paid into the state treasury and credited to the Fund. Interest earned on moneys
in the Fund shall remain in the Fund and be credited to it. Any moneys remaining
in the Fund, including interest thereon, at the end of each fiscal year shall
not revert to the general fund but shall remain in the Fund. After payment of
the costs of administration of the Fund, moneys in the Fund shall be used to
make disbursements on a quarterly basis in equal amounts to each of the six
Virginia Indian tribes federally recognized under P.L. 115-121 of 2018.
Expenditures and disbursements from the Fund shall be made by the State
Treasurer on warrants issued by the Comptroller upon written request signed by
the Secretary of the Commonwealth.

HISTORY: 2014, c. 582; 2016, c. 746; 2020, cc. 1197, 1248; 2024, c. 830.