Virginia 2023 Regular Session

Virginia House Bill HB715

Introduced
1/11/22  

Caption

Tribal Nations; consultation w/ federally recognized, permits and review w/ potential impacts.

Impact

The bill is expected to amend existing statutes related to permitting for major state projects, specifically focusing on the environmental and cultural implications of such projects as they relate to Tribal Nations. By institutionalizing consultation practices, it aims to improve current policies surrounding ground water withdrawal permits, construction permits for energy facilities, and other areas with potential tribal impacts, ensuring that tribal voices are heard during decision-making processes.

Summary

House Bill 715 focuses on enhancing the consultation requirements with federally recognized Tribal Nations when permitting processes have tribal implications. This bill seeks to establish a framework for state agencies to ensure meaningful and appropriate consultation with Tribal Nations on significant state projects. The goal of this legislation is to underscore the importance of incorporating tribal input into the regulatory processes that may affect their interests and lands, thus creating a more inclusive approach to environmental management and project approval.

Sentiment

The sentiment surrounding HB 715 appears largely positive among advocacy groups and Tribal Nations. Proponents support the bill as an essential step towards restoring and valuing the relationship between state authorities and tribal governments. However, there may be concerns about the effectiveness of these consultations and whether they will lead to significant changes or merely serve as a procedural formality. The need for genuine engagement versus tokenistic approaches to consultation remains a key theme in discussions.

Contention

Despite its positive reception, some lawmakers express concerns about how the implementation and timing of consultation processes could delay project approvals, especially for urgent infrastructure projects. There are also differing opinions on whether the bill provides enough enforceability for consultations, and if the feedback from Tribal Nations will genuinely influence decision-making. As the bill progresses, these issues could be focal points of debate.

Companion Bills

VA HB715

Carry Over Tribal Nations; consultation w/ federally recognized, permits and review w/ potential impacts.

Previously Filed As

VA SB353

Consultation with federally recognized tribes; permits and reviews, etc.

VA HB367

Consultation with federally recognized tribes; permits and reviews, etc.

VA HB367

A BILL to amend and reenact §§ 2.2-401.01, 10.1-104.02, 10.1-1186.3:1, 10.1-1322, 10.1-2205.1, 10.1-2302, 10.1-2305, 28.2-104.01, 33.2-258, 56-265.2:1, 62.1-44.38:1, and 62.1-248 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 33.2-257.2, relating to consultation with federally recognized tribes; permits and reviews with potential impacts on environmental, cultural, and historic resources.

VA SB949

American Indians, Va. recognized tribes, and federally recognized tribes; definitions, sovereignty.

VA HB2134

American Indians, Va. recognized tribes, and federally recognized tribes; definitions, sovereignty.

VA SB356

American Indians, Virginia and federally recognized tribes; establishes definitions, sovereignty.

VA HB368

American Indians, Virginia and federally recognized tribes; establishes definitions, sovereignty.

VA HB851

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to Department of Medical Assistance Services; consultation with federally recognized tribes.

VA SB1328

ADEQ; tribal consultations

VA SB1407

ADEQ; tribal consultations

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