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HB 367

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

2026 Regular Session Introduced by Paul Krizek and 3 co-sponsors

Virginia agencies must consult federally recognized tribes before issuing permits or conducting reviews affecting tribal lands, resources, or cultural sites.

Referred to Committee on Appropriations
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Bill Summary · HB 367

Legislative bill overview

HB 367 requires Virginia state agencies to consult with federally recognized tribes before issuing permits, conducting environmental reviews, or making decisions that could affect tribal lands, resources, or cultural sites. The bill establishes a formal consultation process to ensure Native American tribes have meaningful input on projects that may impact their interests.

Why is this important

Virginia has significant historical tribal presence, and many development and land-use decisions can affect sacred sites, natural resources, and tribal sovereignty. This consultation requirement gives tribes a voice in decisions affecting their communities and aligns Virginia with federal standards established under the National Environmental Policy Act and other federal laws that many states already follow.

Potential points of contention

  • Implementation burden: Agencies may argue the consultation requirement adds delays and costs to permitting processes, particularly for routine projects with minimal tribal impact
  • Definition scope: Unclear how broadly "affect" is defined—whether minor projects require full consultation or only major developments, creating potential for disputes
  • Tribal representation: Questions about which tribes qualify, how to handle disagreements between multiple tribes, and whether consultation is binding or merely advisory

Compiled from official sources — confirm details with the bill’s official record.

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