Code of Virginia § 10.1-1186.3:1. Policies for consultation with federally recognized Tribal Nations in the Commonwealth.
360 words·~2 min read·
/va/title-10-1/chapter-11-1/10-1-1186-3-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The Department, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § 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'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 § 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 § 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 § 10.1-1188 ,
(ii)State Corporation Commission project reports prepared pursuant to § 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 § 307 of the federal Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), and
(v)ground water withdrawal permits for ground water withdrawals greater than 365 million gallons per year issued pursuant to § 62.1-266 .
2024, c. 830 .