                                 CODE OF VIRGINIA

POLICIES FOR CONSULTATION WITH FEDERALLY RECOGNIZED TRIBAL NATIONS IN THE
COMMONWEALTH (§ 28.2-104.01)

The Commission, with assistance from the Ombudsman for Tribal Consultation
designated pursuant to § 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 §
10.1-2214 in a locality identified by the Ombudsman for Tribal Consultation
pursuant to subdivision B 2 of § 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&#8217;s policies
and procedures, the consultation provisions of this section shall be deemed
fulfilled.

HISTORY: 2024, c. 830.