Virginia § 28.2-104.01 Policies for consultation with federally recognized Tribal Nations in the Commonwealth

Virginia Statutes

§ 28.2-104.01 — Policies for consultation with federally recognized Tribal Nations in the Commonwealth

Virginia § 28.2-104.01

JurisdictionVirginia

Title 28.2Fisheries and Habitat of the Tidal Waters

Subtitle IGeneral Provisions Relating to Marine Resources Commission

Ch. 1Administration

Art. 1Commission; Commissioner

This text of Virginia § 28.2-104.01 (Policies for consultation with federally recognized Tribal Nations in the Commonwealth) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 28.2-104.01 (2026).

Text

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 notifyi

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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's policies and procedures, the consultation provisions of this section shall be deemed fulfilled.