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Bill

Bill

SB 353

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

2026 Regular Session Introduced by Ryan McDougle

Virginia bill requires state agencies to consult federally recognized tribes during permitting and regulatory reviews affecting tribal lands, resources, or interests.

Fiscal Impact Statement from Department of Planning and Budget (SB353)
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Bill Summary · SB 353

Legislative bill overview

SB 353 requires state agencies to consult with federally recognized tribes during the permitting and regulatory review processes that may affect tribal lands, resources, or interests. The bill establishes consultation protocols and potentially grants tribes greater input into state decisions affecting their communities.

Why is this important

Tribal nations have historical and legal rights to consultation on matters affecting their sovereignty and resources. This bill formalizes Virginia's consultation procedures, which could improve tribal-state relations and ensure indigenous perspectives are incorporated into permitting decisions for projects like mining, water management, and land use.

Potential points of contention

  • Implementation burden: State agencies may face increased administrative costs and timeline delays if comprehensive tribal consultation is required for numerous permits and reviews
  • Scope ambiguity: Defining which permits and reviews trigger consultation obligations could create legal uncertainty about when consultation is mandatory versus optional
  • Enforcement mechanisms: The bill's effectiveness depends on clear penalties for non-compliance and remedies if tribes believe consultation was inadequate or ignored

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

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