SF 2036

as introduced - 89th Legislature (2015 - 2016) Posted on 04/10/2015 09:13am

A bill for an act
relating to transportation; contracts with Indian tribal authorities for trunk
highway construction; amending Minnesota Statutes 2014, section 161.368.

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

Section 1.

Minnesota Statutes 2014, section 161.368, is amended to read:

161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.

new text begin (a) new text end On behalf of the state, the commissioner may enter into agreements with Indian
tribal authorities for the purpose of providing maintenance, design, and construction to
highways on tribal lands. These agreements may include (1) a provision for waiver of
immunity from suit by a party to the contract on the part of the tribal authority with respect
to any controversy arising out of the contract and (2) a provision conferring jurisdiction on
state district courts to hear such a controversy.

new text begin (b) Notwithstanding section 161.32, for construction of highways on tribal lands
in a reservation exempt from Public Law 83-280, the commissioner may: (1) award
a preference for Indian-owned contractors to the same extent provided in the applicable
Tribal Employment Rights Ordinance, but not to exceed ten percent; or (2) negotiate
with the tribal authority and enter into an agreement for the tribal authority to award and
administer the construction contract, with the commissioner providing funding for the
state share of the project. If negotiating with the tribal authority, the commissioner must
perform an independent cost estimate and determine that the cost proposed by the tribal
authority is reasonable. An agreement negotiated with a tribal authority must include a
clause requiring conformance with plans and specifications approved by the commissioner.
new text end