Consultation with federally recognized tribes; permits and reviews, etc.

Plain English Breakdown

The bill summary and text do not specify the exact penalties or consequences if the consultation process is not followed, leaving this as an unknown.

Consultation with Federally Recognized Tribes

This bill requires state agencies to consult with federally recognized tribes on environmental, cultural, and historic issues before issuing permits or making decisions that could affect these resources.

What This Bill Does

• Adds duties for the Ombudsman for Tribal Consultation to help communicate between tribes and state agencies.
• Requires certain departments like Transportation, Conservation and Recreation, Environmental Quality, Historic Resources, and Marine Resources Commission to consult with federally recognized tribes on specific issues.
• Makes it necessary for these departments to show they have tried their best to get meaningful feedback from the tribes during consultations.
• Requires the Department of Historic Resources to get consent from a tribe before disturbing burial sites that are culturally significant to them.

Who It Names or Affects

• Federally recognized tribes in Virginia
• State agencies like Transportation, Conservation and Recreation, Environmental Quality, Historic Resources, and Marine Resources Commission

Terms To Know

Ombudsman for Tribal Consultation

A person whose job is to help with communication between federally recognized tribes and state agencies.

Cultural Affiliation

The relationship a tribe has with certain cultural or historic sites, artifacts, or remains.

Limits and Unknowns

• It does not specify what happens if the consultation process is not followed.
• It does not list all state agencies that must develop policies for consulting tribes.
• It does not provide details on how to train state agency personnel about issues important to federally recognized tribes.

Official Summary Text

Consultation with federally recognized tribes; permits and reviews with potential impacts on environmental, cultural, and historic resources.
Adds to the duties of the Ombudsman for Tribal Consultation requirements to (i) facilitate communication between federally recognized tribes and relevant state agencies and local governments to ensure an opportunity for meaningful and timely consultation on environmental, cultural, and historical permits and reviews; (ii) assist the Department of Transportation in developing consultation policies; (iii) make recommendations to the Governor on the basis of communications with federally recognized tribes about (a) circumstances under which tribal consent should be required for issuance of certain permits and (b) additional agencies that should develop policies and procedures to ensure meaningful, timely, and appropriate consultation with federally recognized tribes; (iv) provide training at least once a year to certain state agency personnel on issues of concern to the federally recognized tribes to support effective communication, collaboration, and positive government-to-government relations between the Commonwealth and the federally recognized tribes; and (v) submit an annual report to the Secretary of the Commonwealth on the activities undertaken to implement such provisions and the issues that have arisen in that pursuit. The bill also requires the Department of Conservation and Recreation, Department of Environmental Quality, Department of Historic Resources, Department of Transportation, and Marine Resources Commission to engage in consultation with federally recognized tribes on certain issues. During such consultation, the burden is on the agency to show that it has made a good faith effort to elicit meaningful and timely feedback, including formal communication between agency employees and the federally recognized tribe. When a burial permit will result in the disturbance of a burial site of an individual that has a cultural affiliation with a particular federally recognized tribe, the bill requires the Department of Historic Resources to acquire the consent of such federally recognized tribe before issuing a permit for the archaeological excavation of human remains. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Current Bill Text

(SB353)
AMENDMENT(S) PROPOSED BY THE SENATE
GENERAL LAWS AND TECHNOLOGY
1. Line 23, introduced, after
of
strike
American
Indian
insert
Virginia recognized

GENERAL LAWS AND TECHNOLOGY
2. Line 23, introduced, after tribes
strike
in Virginia