HF 4431

as introduced - 91st Legislature (2019 - 2020) Posted on 05/11/2020 04:14pm

A bill for an act
relating to state government; establishing government-to-government relationship
with Minnesota Tribal Nations; 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. new text end

new text begin (a) The United States and the state of
Minnesota have a unique legal relationship with federally recognized Tribal Nations, as
affirmed by the Constitution of the United States, treaties, statutes, and case law. The state
of Minnesota is home to 11 federally recognized Tribal Nations (Minnesota Tribal Nations)
with elected or appointed Tribal governments. The state of Minnesota recognizes and
supports the unique status of the Minnesota Tribal Nations and their absolute right to
existence, self-governance, and self-determination.
new text end

new text begin (b) The state acknowledges that Minnesota Tribal Nations are comprised of a majority
of the state's American Indians and provides significant employment in the state. Members
of the Minnesota Tribal Nations are also citizens of the state of Minnesota and possess all
the rights and privileges afforded by the state.
new text end

new text begin Subd. 2. new text end

new text begin Cooperation and consultation with Tribal Nations. new text end

new text begin The state of Minnesota
and the Minnesota Tribal Nations significantly benefit from working together, learning from
one another, and partnering where possible.
new text end

new text begin Meaningful and timely consultation between the state of Minnesota and Minnesota Tribal
Nations will facilitate better understanding and informed decision making by allowing for
collaboration on matters of mutual interest and help to establish mutually respectful and
beneficial relationships between the state and Minnesota Tribal Nations.
new text end

new text begin Subd. 3. new text end

new text begin Agency duties; tribal liaison. new text end

new text begin (a) For the purposes of this section, "agency"
or "agencies" 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, and Department of Veterans Affairs.
new text end

new text begin (b) All agencies must recognize the unique legal relationship between the state of
Minnesota and the Minnesota Tribal Nations, 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 (c) All agencies must, in consultation with Minnesota Tribal Nations, implement tribal
consultation policies to guide their work and interaction with Minnesota Tribal Nations and
must submit these policies to the Office of the Governor and Lieutenant Governor.
new text end

new text begin (d) Prior to September 1 of each year, every agency must consult with each Minnesota
Tribal Nation to identify priority issues in order to allow agencies to proactively engage
Minnesota Tribal Nations in the agencies' development of legislative and fiscal proposals
in time for submission into the governor's budget and legislative proposal each year. By
October 1 of each year, these priorities will be submitted to the Office of the Governor and
Lieutenant Governor for review.
new text end

new text begin (e) Each agency must develop and maintain ongoing consultation with the Minnesota
Tribal Nations related to each area where the agency's work intersects with Minnesota Tribal
Nations. 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 (f) Each 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 Nations. 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 conversations.
new text end

new text begin (g) The state has instituted Tribal State Relations Training (TSRT) which is the foundation
and basis of all other tribal relations training sources. All agencies must direct certain staff
to complete training to foster a collaborative relationship between the state of Minnesota
and Minnesota Tribal Nations. In addition to all commissioners, deputy commissioners,
and assistant commissioners, all agency employees whose work is likely to impact Minnesota
Tribal Nations must attend TSRT training. Tribal liaisons must actively support and
participate in the TSRT.
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 state agencies 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
Nations or any other Tribal Nation 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 state 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.
new text end