The General Assembly advanced a bill reforming state law’s relationship with Virginia’s tribal nations in a meeting Thursday.
The proposal would create a new state code section with key legal definitions that were missing from Virginia code. The proposal also changes different sections to make terminology uniform and affirms the “inherent sovereignty” of federally recognized tribes, a government-to-government relationship.
“Sovereignty is a great thing to have. However, if it's not in the Virginia code, then we're lacking,” said Lou Wratchford, assistant chief of the Upper Mattaponi Tribe. “So, I think we're on the right path on this.”
The passage of the bill would be a significant development in the changing relationship between the commonwealth and Virginia’s tribes, which the federal government first recognized in 2015.
There are 11 state-recognized tribes and 7 federally recognized tribes in the commonwealth. Virginia’s congressional representatives have pursued bills to federally recognize the Nottoway Indian Tribe and Patawomeck Indian tribes.
The commonwealth’s first relationships with Virginia tribes predate American Independence. It wasn’t until the past decade that any were recognized by the federal government, which means Virginia law has long been out of sync with federal regulations. Different terms were used to refer to the Indigenous groups and changed during that span of time as well.
Virginia’s code used 39 inconsistent terms in the laws concerning Virginia tribes, said Mary Guardino, of the University of Virginia’s State and Local Government Policy Clinic, which helped write the bill upon recommendations with the commission.
The bill reforming the state’s relationship was a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes, which was created in 2022.
“It's important where benefits or other things are applicable to federal tribes that that's pointed out clearly in the code,” said Guardino. “Moving forward, the commission is looking to update the code to reflect that status. And so, now we have clear terminology to do that.”
The commission is active until July 1, 2026.
Last year, the General Assembly passed and Gov. Glenn Youngkin signed a bill that required consultation with tribes on permitting. The bill covered projects affecting cultural, environmental or historic resources. Another bill that year created a Tribal Ombudsman, who will liaise with the tribes on consultation. The first ombudsman, Kara Canaday, was hired in October.
Del. Paul Krizek (D–Fairfax) and Sen. Ryan McDougle (R–Hanover) introduced the bills.
The proposal passed out of the House Committee on General Laws’ subcommittee on housing and consumer protection, 8-0, and now heads to the full committee.