Virginia would define recognized tribes and acknowledge their governing authority

Virginia would define recognized tribes and acknowledge federally recognized tribes’ authority to govern themselves. A Virginia recognized tribe would be within Virginia’s present-day boundaries and formally acknowledged by the state. A federally recognized tribe would also need recognition by the U.S. Secretary of the Interior. For this chapter, an American Indian would be an enrolled member or citizen of a Virginia recognized or federally recognized tribe. The chapter would not alter existing governing powers or anyone’s rights or duties under state, tribal, or federal law.

State agencies would consult federally recognized tribes on specified projects and permits. Covered reviews include specified environmental projects, historic sites, and excavation permits. Some apply only in localities identified by the tribal consultation ombudsman. Groundwater reviews cover withdrawals greater than 365 million gallons per year. The consultation rules would cover tribes with both Virginia and federal recognition. For written consultation, agencies could count the requirement as met if tribes do not respond by the agency’s deadline. For burial permits affecting a culturally connected tribe, the Department of Historic Resources would seek agreement with that tribe. Consultation would occur during the covered project or permit review.

State programs would use the definition of Virginia recognized tribe to identify covered tribes and members. The definition would apply to covered conservation and historic preservation grants, tribal representation, school absences, vehicle taxes, building-code rules, and Social Security agreements. Historic preservation grants would require board approval and lasting protections for the property; matching money may be required. The vehicle tax exemption would require the member or citizen to live on the tribal reservation. State and local building-code enforcement responsibility would depend on the tribe adopting the state code, taking sole responsibility, and retaining building officials. Parents would give notice before the pow wow absence in the manner required by the school.

Virginia resident members of Virginia recognized tribes would qualify for specified wildlife license and permit exemptions. The resident exemptions would cover hunting, trapping, fishing, and buying or possessing animal parts for traditional religious practices. The separate trading rule would cover legally obtained parts of specified animals, excluding bear, in trades between American Indians. Members would need to carry accepted tribal proof for hunting, trapping, and fishing license exemptions. The religious-use fur permit exemption would cover legally obtained animal parts, exclude prohibited bear parts, and forbid resale. A separate animal-parts trading rule would accept verified enrollment in tribes recognized by Virginia, another U.S. state, or the federal government.