HF 903

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:38am

A bill for an act
relating to state government; establishing government-to-government relationship
with Minnesota Tribal governments; proposing coding for new law in Minnesota
Statutes, chapter 10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [10.65] GOVERNMENT-TO-GOVERNMENT RELATIONSHIP WITH
TRIBAL GOVERNMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Recognition of Tribal status and relationship with the state of
Minnesota. new text end

new text begin (a) The state of Minnesota is home to 11 federally recognized Indian Tribes
with elected Tribal government officials. The state of Minnesota acknowledges and supports
the unique status of Minnesota Tribes and their absolute right to existence, self-governance,
and self-determination.
new text end

new text begin (b) The United States and the state of Minnesota have a unique relationship with federally
recognized Indian Tribes, formed by the Constitution of the United States, treaties, statutes,
case law, and agreements.
new text end

new text begin (c) The state of Minnesota and Minnesota Tribal governments significantly benefit from
working together, learning from one another, and partnering where possible.
new text end

new text begin (d) Timely and meaningful consultation between the state of Minnesota and Minnesota
Tribal governments will facilitate better understanding and informed decision-making by
allowing for communication on matters of mutual interest and helping to establish mutually
respectful and beneficial relationships between the state and Minnesota Tribal governments.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given:
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new text begin (1) "agency" means the Department of Administration, Department of Agriculture,
Department of Commerce, Department of Corrections, Department of Education, Department
of Employment and Economic Development, Department of Health, Office of Higher
Education, Housing Finance Agency, Department of Human Rights, Department of Human
Services, Office of MN.IT Services, Department of Iron Range Resources and Rehabilitation,
Department of Labor and Industry, Minnesota Management and Budget, Bureau of Mediation
Services, Department of Military Affairs, Metropolitan Council, Department of Natural
Resources, Pollution Control Agency, Department of Public Safety, Department of Revenue,
Department of Transportation, Department of Veterans Affairs, Gambling Control Board,
Racing Commission, Minnesota Lottery, Animal Health Board, and Board of Water and
Soil Resources;
new text end

new text begin (2) "consultation" means the direct and interactive involvement of Minnesota Tribal
governments in the development of policy on matters that have Tribal implications.
Consultation is the proactive, affirmative process of identifying and seeking input from
appropriate Tribal governments and considering their interest as a necessary and integral
part of the decision-making process. This definition adds to statutorily mandated notification
procedures. During a consultation, the burden is on the agency to show that it has made a
good faith effort to elicit feedback. Consultation is a formal engagement between agency
officials and the governing body or bodies of an individual Minnesota Tribal government
that the agency or an individual Tribal government may initiate. Formal meetings or
communication between top agency officials and the governing body of a Minnesota Tribal
government is a necessary element of consultation;
new text end

new text begin (3) "matters that have Tribal implications" means rules, legislative proposals, policy
statements, or other actions that have substantial direct effects on one or more Minnesota
Tribal governments, or on the distribution of power and responsibilities between the state
and Minnesota Tribal governments;
new text end

new text begin (4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
in Minnesota including: Bois Forte Band; Fond du Lac Band; Grand Portage Band; Leech
Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
and Upper Sioux Community; and
new text end

new text begin (5) "timely and meaningful" means done or occurring at a favorable or useful time that
allows the result of consultation to be included in the agency's decision-making process for
a matter that has Tribal implications.
new text end

new text begin Subd. 3. new text end

new text begin Consultation duties. new text end

new text begin (a) An agency must recognize the unique legal relationship
between the state of Minnesota and Minnesota Tribal governments, respect the fundamental
principles that establish and maintain this relationship, and accord Tribal governments the
same respect accorded to other governments.
new text end

new text begin (b) An agency must, in consultation with Minnesota Tribal governments, implement
Tribal consultation policies to comply with this section and guide their work with Minnesota
Tribal governments, and must submit these policies to the governor and lieutenant governor.
Tribal consultation policies must address the communication protocols for each Minnesota
Tribal government, which must be developed in coordination with representatives of each
Minnesota Tribal government. An agency must update the Tribal consultation policies as
often as required in order to facilitate timely and meaningful consultation, but no less than
biannually.
new text end

new text begin (c) Consultation under this section is a duty of an agency to consult with the governing
body or bodies of each individual Minnesota Tribal government. Coordination with groups
or entities that have representation on some or all of the governing bodies of Minnesota
Tribal governments, such as the Minnesota Indian Affairs Council or the Minnesota
Chippewa Tribe, is encouraged but does not satisfy an agency's duty to consult with
individual Minnesota Tribal governments on matters that have Tribal implications. If a
matter has implications for one Minnesota Tribal government but not others, the agency's
duty is to only consult those Minnesota Tribal governments affected.
new text end

new text begin (d) An agency must consult with each Minnesota Tribal government at least annually,
and as often as it is required to address matters that have Tribal implications.
new text end

new text begin (e) An agency must consult with Minnesota Tribal governments on legislative and fiscal
matters that affect one or all Minnesota Tribal governments or their members to identify
priority issues in order to allow agencies to proactively engage Minnesota Tribal governments
in the agency's development of legislative and fiscal proposals in time for submission into
the governor's recommended budget and legislative proposals each year.
new text end

new text begin (f) An agency must develop and maintain ongoing consultation with Minnesota Tribal
governments related to matters that have Tribal implications. Agencies must consider the
input gathered from Tribal consultation into their decision-making processes, with the goal
of achieving mutually beneficial solutions.
new text end

new text begin (g) An agency and a Minnesota Tribal government may agree that a formal consultation
is not necessary for a given year on a given matter that has Tribal implications, and the
agency must keep a written record of this decision.
new text end

new text begin (h) The prospective duty to consult does not apply to action on a matter that has Tribal
implications if immediate action is required to address a present and immediate threat to
the health, safety, or welfare of Minnesota citizens. For these actions, every effort should
be made to communicate, and formal consultation should occur as soon as possible. The
duty to consult also does not apply to criminal proceedings or other investigations or legal
proceedings that prohibit an agency from disclosure.
new text end

new text begin (i) An agency must designate a Tribal liaison to assume responsibility for implementation
of the Tribal consultation policy and to serve as the principal point of contact for Minnesota
Tribal governments. The Tribal liaison must be able to directly and regularly meet and
communicate with the agency's commissioner and deputy and assistant commissioners in
order to appropriately conduct government-to-government consultation and cooperation.
new text end

new text begin (j) The state has instituted Tribal state government relations training, which is the
foundation and basis of all other Tribal government relations training sources. All agencies
must direct certain staff to complete available training to foster a collaborative relationship
between the state of Minnesota and Minnesota Tribal governments, and to facilitate timely
and meaningful consultation. In addition to all commissioners, deputy commissioners, and
assistant commissioners, at a minimum all agency employees whose work is likely to include
matters that have Tribal implications must attend Tribal state relations training. Tribal
liaisons must actively support and participate in the Tribal state relations training.
new text end

new text begin (k) Any agency or board that is not listed in subdivision 2 is encouraged to and may
engage in consultation and communication with Minnesota Tribal governments for all
matters that have Tribal implications.
new text end

new text begin Subd. 4. new text end

new text begin Applicability. new text end

new text begin Nothing in this section requires the state or an agency to violate
or ignore any laws, rules, directives, or other legal requirements or obligations imposed by
state or federal law or set forth in agreements or compacts between one or more Minnesota
Tribal governments or any other Tribal government and the state or its agencies. This section
is not intended to, and does not create, any right to administrative or judicial review, or any
other right, benefit, or responsibility, substantive or procedural, enforceable against the state
of Minnesota, its agencies or instrumentalities, its officers or employees, or its subdivisions
or any other persons. Nothing in this section prohibits or limits any agency from asserting
any rights or pursuing any administrative or judicial action under state or federal law to
effectuate the interests of the state of Minnesota or any of its agencies. Nothing in this
section is intended to alter or reduce the state's duties to individual Minnesota citizens
including those of Native American descent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end