Legislation that would codify the relationship between Virginia and federally-recognized tribes is once again before Gov. Glenn Youngkin, but without a significant change he recommended.
HB 2134 and SB 949 would create a new Code of Virginia with definitions relevant to tribal-state relations and standardize other terminology.
Among the most consequential pieces of the legislation is a sovereignty statement. In part, it reads: “The Commonwealth endeavors to maintain positive government-to-government relationships with the federally recognized tribes within the present-day external boundaries of the Commonwealth.”
Youngkin’s amendment would have removed the term “government-to-government.” Tom Badamo, treasurer of the Nansemond Indian Nation, said he didn’t find the term controversial.
“I don't believe that there's a feeling that the federally recognized tribes are legitimate governments,” said Badamo, a member of the legislative commission that drafted the bill. “Otherwise, I wouldn't see there'd be a reason to remove that language. The tribes have had a government-to-government relationship with the governor — and before that, with the crown of England.”
Virginia recognizes 11 tribes: nine through legislation, and two through colonial treaties. The federal government first recognized the Pamunkey Tribe in 2015, followed by six more in 2018; those relationships are managed through the US Department of the Interior’s Bureau of Indian Affairs.
Virginia’s lawmakers have been modifying state law to align with federal law — establishing a code commission to review the law, and passing a bill that allows for tribal consultation on development projects.
Badamo said that the sovereignty statement is important to future work.
“A unanimous understanding of what that meant was phase one,” he said. “Without that, we wouldn't really accomplish much moving forward.”
The term “government-to-government” is already in US and Virginia code in the context of tribal relations.
The legislation also allows for tribes to be incorporated into Virginia law, if the federal government recognizes more. Virginia’s representatives in Congress have repeatedly sought recognition for other tribal nations like the Nottoway Indian Tribe and Patawomeck Indian Tribe.
The consultation bill made it through Virginia’s Legislature with few changes. The Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes, created in 2022, worked on the bill during commission meetings with assistance from the University of Virginia Law School’s State and Local Government Policy Clinic.
The House’s version of this year’s bill passed through the General Assembly without a single vote against it. The Senate version had one vote against it during a procedural vote.
After legislators rejected most of Youngkin’s suggested amendments to legislation and the budget, state Sen. Adam Ebbin (D–Alexandria) said the governor’s office should have spoken more with legislators about proposed changes during the General Assembly session.
“There were lots of bills that had bipartisan support, that were smart, sensible bills that he could have signed, or he could have worked with the patrons and been involved in the legislative process,” Ebbin said.
An administration official familiar with the amendments told VPM News the governor’s office did have conversations with legislators, but lawmakers didn’t accept changes to the underlying bill. The governor’s office was concerned that the proposal’s original form would make it easier for tribes to take legal action against the commonwealth, the official said.
Youngkin’s amendment comes as the Nansemond Indian Nation filed suit against the commonwealth over Medicaid funding.
The governor has until May 2 to sign or veto the bill.
