Virginia Code Title 28.2. Fisheries and Habitat of the Tidal Waters § 28.2-104.01. Policies for consultation with federally recognized Tribal Nations in the Commonwealth

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.