SF 3257

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/04/2025 09:31 a.m.

A bill for an act
relating to state government; clarifying training on the unique relationship between
the state of Minnesota and Minnesota Tribal governments; amending Minnesota
Statutes 2024, section 10.65, subdivision 3.

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

Section 1.

Minnesota Statutes 2024, section 10.65, subdivision 3, is amended to read:

Subd. 3.

Consultation duties.

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

(b) An agency must, in consultation with Minnesota Tribal governments, implement
Tribal consultation policies to comply with this section and guide the agency's work with
Minnesota Tribal governments, and must submit these policies to the governor and lieutenant
governor. Tribal consultation policies should address the communication protocols for each
Minnesota Tribal government, which should 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.

(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 the 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.

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

(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.

(f) An agency must develop and maintain ongoing consultation with the 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.

(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.

(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.

(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.

(j) The state has instituted Tribal-state government relations training, new text begin developed in
partnership with the 11 Tribal Nations, the Department of Transportation, and the University
of Minnesota Sovereignty Institute, new text end which deleted text begin is deleted text end new text begin serves as new text end 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.

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