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Subcommittee advances bills to strengthen tribal consultation and add consistent tribal definitions
Summary
HB 367 (consultation improvements) and HB 368 (consistent tribal definitions and state–tribal relations section) were reported unanimously (9‑0); sponsors and tribal leaders said the bills standardize consultation duties across agencies and acknowledge federally recognized tribes' sovereignty.
Two related bills aimed at improving state interaction with Virginia's federally recognized tribes were presented and advanced unanimously by the subcommittee.
HB 367, presented by a member of the General Assembly and introduced in more detail by Andrew Lee (UVA Law Clinic), would strengthen consultation practices for specified agencies by requiring annual training and reporting, adding the Virginia Department of Transportation to the list of agencies required to consult on state‑funded projects, enumerating actions and projects that trigger consultations at the Department of Environmental Quality and Department of Conservation and Recreation at the tribes' request, and strengthening consultation requirements for burial permits administered by the Department of Historic Resources. "This bill improves the current consultation law for environmental, cultural, and historic permits and reviews," Andrew Lee told the committee.
HB 368 would create a new statutory section titled 'state and tribal relations,' provide consistent definitions for terms including 'federally recognized tribe' and 'Virginia recognized tribe,' and add an explicit acknowledgement of the inherent sovereignty of Virginia's federally recognized tribes. Emily Becker (UVA Law Clinic) said HB 368 "creates three clear definitions" and performs a long‑needed code cleanup, and she noted the General Assembly had unanimously passed a similar measure last year but the governor vetoed it.
Tribal leaders testified in support: Reggie Stewart (Chickahominy Indian Tribe council member) and Morgan Faulkner (Upper Mattaponi Tribe) said the bills promote government‑to‑government relationships and clarify expectations when tribes engage with state agencies.
The subcommittee moved to report HB 367 as amended and HB 368; both bills were reported by voice and the clerk recorded unanimous tallies (9‑0) to advance them to the next stage.
