Vol. 29, No. 10 ● November 23, 2021
Virginia Advances Plans for Tribal Inclusion in State Development Decisions
Virginia’s Governor Northam issued Executive Order 82 on November 18, 2021, directing certain state agencies to coordinate with federally-recognized tribes during the state review and permit process for development projects. The agencies – the Department of Conservation and Recreation, Department of Environmental Quality (DEQ), Department of Historic Resources, and the Virginia Marine Resources Commission (VMRC) – have 90 days to provide plans outlining their consultation process.
This action may have implications for a variety of WSSI client projects across the Commonwealth. It specifically directs DEQ and VMRC to coordinate with the EPA and the Corps to ensure there is opportunity for federally-recognized tribal input. Virginia has seven federally-recognized tribes: Chickahominy, Chickahominy - Eastern Division, Monacan, Nansemond, Pamunkey, Rappahannock, and Upper Mattaponi.
The order requires the new process be applied to:
Environmental Impact Reports required for major state projects
State Corporation Commission project reports
Virginia Department of Aviation environmental reports
Environmental Impact Assessments for Oil or Gas Well Drilling Operations in Tidewater Virginia
Federal Coastal Zone Management Act consistency determinations
Certain groundwater withdrawal permits
Designation of historic districts, buildings, structures, or sites as historic landmarks
Burial Permits for Relocation of Human Remains
Cave Collection Permits pertaining to the study, extraction or removal of any archeological or historic feature in caves
Local government notifications for new and existing impoundment structures or dams
Construction or Alteration of Virginia-Regulated Impounding Structures Permit
Underwater Recovery Permits
For more information at this time, please contact your project manager, or Boyd Sipe, John Mullen, or Mark Headly.