Virginia would acknowledge federally recognized tribes' sovereignty and offer tribes a chance to weigh in on certain state projects and permits.
For certain projects and permits in designated localities, agencies would give potentially affected federally recognized tribes a chance to share views and explain how they considered that input.
The text would acknowledge federally recognized tribes' inherent sovereignty in Virginia while stating that the acknowledgment does not change sovereignty or anyone's legal rights and duties.
The text provides for equal quarterly payments to six tribes from a state trust fund, after administration costs and only as money is available in the fund.
The text directs agencies and commissions to provide written consultation opportunities for potentially affected federally recognized tribes. Covered matters include certain cave and dam permits, major state project reviews, historic designations and permits, and large groundwater withdrawals. The text also addresses underwater recovery permits. The opportunity applies to specified projects and permits in localities identified by the Ombudsman for Tribal Consultation. Agencies must provide information and time for tribes to take part and explain how they considered tribal input. If a tribe does not respond by the deadline in the agency's process, consultation is treated as complete. Consultation would occur during review of a covered project or permit; each agency's process sets the response deadline.
The text says Virginia acknowledges the inherent sovereignty of federally recognized tribes within the Commonwealth. A federally recognized tribe is defined as a Virginia recognized tribe that the U.S. Secretary of the Interior recognizes. The text says this acknowledgment does not alter or diminish Virginia's or a tribe's sovereignty, or the rights and duties of parties under state, tribal, or federal law. No start date is stated in the provisions.
The text directs quarterly payments from a state trust fund to six tribes recognized under P.L. 115-121 of 2018. The payment provision names six tribes recognized under P.L. 115-121 of 2018. The fund may receive money appropriated for it, specified tax revenue, gifts, grants, and other contributions; the text does not itself provide an appropriation. After administration costs, the text directs equal payments to the six named tribes. The Comptroller issues payment warrants on the Secretary of the Commonwealth's written request. Payments would be quarterly; the text does not state when they would begin.
No hearings or votes scheduled.