HB 367 VA

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Introduced

Consultation with federally recognized tribes; permits and reviews with potential impacts on environmental, cultural, and historic resources. Adds to the duties of the Ombudsman for Tribal Consultation requirements to (i) facilitate communication between federally recognized tribes and relevant state agencies and local governments to ensure an opportunity for meaningful and timely consultation on environmental, cultural, and historical permits and reviews; (ii) assist the Department of Transportation in developing consultation policies; (iii) make recommendations to the Governor on the basis of communications with federally recognized tribes about (a) circumstances under which tribal consent should be required for issuance of certain permits and (b) additional agencies that should develop policies and procedures to ensure meaningful, timely, and appropriate consultation with federally recognized tribes; (iv) provide training at least once a year to certain state agency personnel on issues of concern to the federally recognized tribes to support effective communication, collaboration, and positive government-to-government relations between the Commonwealth and the federally recognized tribes; and (v) submit an annual report to the Secretary of the Commonwealth on the activities undertaken to implement such provisions and the issues that have arisen in that pursuit. The bill also requires the Department of Conservation and Recreation, Department of Environmental Quality, Department of Historic Resources, Department of Transportation, and Marine Resources Commission to engage in consultation with federally recognized tribes on certain issues. During such consultation, the burden is on the agency to show that it has made a good faith effort to elicit meaningful and timely feedback, including formal communication between agency employees and the federally recognized tribe. When a burial permit will result in the disturbance of a burial site of an individual that has a cultural affiliation with a particular federally recognized tribe, the bill requires the Department of Historic Resources to acquire the consent of such federally recognized tribe before issuing a permit for the archaeological excavation of human remains. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

• Paul E. Krizek Democratic · primary

1. Jan 12, 2026 Prefiled and ordered printed; Offered 01-14-2026 26100442D · lower
2. Jan 12, 2026 Referred to Committee on General Laws · lower
3. Jan 19, 2026 Assigned HGL sub: ABC/Gaming · lower
4. Jan 20, 2026 House subcommittee offered · lower
5. Jan 20, 2026 Subcommittee recommends reporting with amendment(s) (9-Y 0-N) · lower
6. Jan 22, 2026 Reported from General Laws with amendment(s) (21-Y 0-N) · lower
7. Jan 26, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB367) · lower
8. Jan 26, 2026 Read first time · lower
9. Jan 26, 2026 Referred to Committee on Appropriations · lower
10. Feb 18, 2026 Left in Committee Appropriations · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• General Laws Amendment · HTML
• ABC/Gaming Subcommittee Amendment · HTML
• ABC/Gaming Subcommittee Amendment · HTML
• Introduced · PDF
• Introduced · HTML