HF4959

Purpose

• Update state law to strengthen government-to-government relationships with Minnesota Tribes by making the Minnesota Board on Aging part of the list of agencies that must engage in formal tribal consultation when policies affect Tribal governments.

Key Provisions

• Adds the Minnesota Board on Aging to the definition of "agency" for purposes of tribal consultation and government-to-government relations.
• Establishes a clear definition of "consultation" as a direct, interactive process between agency officials and Minnesota Tribal governments to involve Tribes in policy development on matters with Tribal implications. The agency must show it has made a good faith effort to seek input.
• Describes "consultation" as formal engagement, including formal meetings or communications between top agency officials and the governing bodies of Minnesota Tribal governments.
• Defines "matters that have Tribal implications" as rules, legislative proposals, policy statements, or other actions that have substantial direct effects on one or more Minnesota Tribal governments or on the balance of power and responsibilities between the state and Minnesota Tribal governments.
• Lists who counts as Minnesota Tribal governments, including federally recognized tribes in Minnesota such as 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.
• Defines "timely and meaningful" consultation as happening at a suitable time that allows the tribal input to be included in the agency’s decisionmaking process.

Main Provisions in Plain Language

• The bill expands the set of state agencies that must consult with Tribes to include the Minnesota Board on Aging.
• It codifies a formal, structured process for tribal input to influence state policy and decisions that affect Tribes.
• It emphasizes the agency’s responsibility to actively and in good faith seek Tribal input and to meet with Tribal governing bodies as part of the decisionmaking process.

Significant Changes to Existing Law

• Adds the Minnesota Board on Aging to the list of agencies covered by the government-to-government consultation framework.
• Clarifies and formalizes the process for what counts as consultation and what counts as having Tribal implications.
• Establishes a defined set of Minnesota Tribal governments and a standard for when Tribal input must be considered in decisions.

Practical Impact

• State agencies, including the Board on Aging, must proactively involve Tribes early in policy development when the policy could affect Tribes.
• Agencies must demonstrate a good faith effort to gather Tribal input and must hold formal discussions with Tribal governments.
• Decisions on matters with Tribal implications should reflect Tribal input to the extent possible.

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Relevant Terms - agency - Minnesota Board on Aging - consultation - matters that have Tribal implications - Minnesota Tribal governments - federally recognized Indian Tribes in Minnesota - 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 - Upper Sioux Community - timely and meaningful - decisionmaking process