Subcommittee backs bill to update Virginia code to reflect federal tribal recognition

The General Laws Housing Consumer Protection Subcommittee on Monday voted unanimously to report House Bill 2134, legislation that adds a new section to the Virginia Code to reflect the federal recognition of seven Virginia-based tribes and to establish consistent definitions for tribal status and terminology.

The bill, carried in the House by Delegate Delia Krizak, would create a new “state and tribal relations” code section and three defined terms: federally recognized tribes, Virginia recognized tribes, and American Indians. The measure also includes a statement affirming tribal sovereignty; supporters said the statement acknowledges the government-to-government relationship without changing existing legal authority.

Mary Gardino, who identified herself as a student with the UVA Law Clinic that assisted the commission, told the committee the bill ‘‘creates a new section in the code for state tribal relations’’ and ‘‘cleans up 39 inconsistent definitions in the code’’ using the new terms. She said the terms are geographically limited to tribes located in the Commonwealth and that the work followed a statutory commission process. ‘‘This is the commission’s recommendation and a necessary step to update Virginia law to reflect the federal recognition of seven Virginia based tribes,’’ Gardino said.

Several tribal leaders testified in favor of the bill. Rebecca Hill, a Pamunkey tribal citizen and council person, said federal recognition ‘‘has enabled our tribe to exert our inherent sovereignty to protect, benefit our people and land’’ and that the bill ‘‘will establish consistent terminology and clarity and clarify the relationship between tribal nations and the Commonwealth.’’ Lou Ratchford, assistant chief of the Upper Mattaponi Tribe, described community services the tribe has launched since recognition and told lawmakers the code ‘‘doesn't fully recognize the existence of federally recognized tribes’’ as currently written.

Supporters, including the Virginia Conservation Network and Preservation Virginia, urged passage as a clarifying, non-substantive alignment of state code with federal recognition and tribal input. No witnesses opposed the bill during the subcommittee hearing.

The clerk recorded the bill’s report to the uncontested docket as unanimous, 8-0. Committee members said the language was the product of a statutory commission created last year and had been vetted with tribal leaders and legal counsel.

House Bill 2134 will be placed on the uncontested docket for further House consideration; supporters told the subcommittee they expect companion action in the Senate.

The bill’s text and the commission’s materials indicate the changes are intended to be definitional and clarifying; supporters emphasized the language does not create new federal benefits or change existing tribal authority.