HF 4354

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 03:40pm

A bill for an act
relating to state government; adding the Public Utilities Commission to the list of
agencies subject to certain obligations to Tribal governments; amending Minnesota
Statutes 2023 Supplement, section 10.65, subdivision 2.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 10.65, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given:

(1) "agency" means the Department of Administration; Department of Agriculture;
Department of Children, Youth, and Families; 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; Department of Information
Technology 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; the Minnesota Lottery; the Animal Health Board; new text begin the Public Utilities
Commission; new text end and the Board of Water and Soil Resources;

(2) "consultation" means the direct and interactive involvement of the 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;

(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;

(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

(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 begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end