Minnesota Tribal Nations - Policies

Minnesota Tribal Nations Policy

Government-to-Government Relationship with MnDOT

MnDOT Policy #AD005
Revised: April 29, 2026

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officers:

Deputy Commissioner/Chief Engineer
Deputy Commissioner/Chief Administrative Officer

Policy Owner: Director, Office of Tribal Affairs
Policy Contact: MnDOT Tribal-State Relations Manager, Office of Tribal Affairs

Policy statement

The Minnesota Department of Transportation (MnDOT) seeks to build a positive diplomatic government-to-government relationship between MnDOT and all federally recognized Minnesota Tribal Nations to develop a safe, efficient transportation system statewide.

“Indian Nations have always been considered as distinct, independent political communities, retaining their original rights, as the undisputed possessors of the soil … The very term “nation” so generally applied to them, means “a people distinct from others.”
Chief Justice John Marshall
United States Supreme Court
Worchester v. Georgia
31 US (6 Pet.) 1515, 561 (1832)

MnDOT requires that the principles of the Minnesota Tribal Nations policy be considered at all phases of funding, planning, and project development in the establishment, development, operation, and maintenance of a comprehensive, integrated, and connected multimodal transportation system.

MnDOT will follow these guiding principles to promote multi-tiered collaboration between Tribal governments and the state:

Coordinate annually with Tribal Nations in Minnesota to identify priority issues for consultation with the Commissioner.
When Tribal officials request consultation, honor the Tribal Government’s request with consideration of the nature of the activity, past consultation efforts, available resources, timing considerations, and all other relevant factors.
Consult during face-to-face meetings between the appropriate level staff to increase understanding of any proposed actions and enhance the development of effective outcomes and solutions.
Build upon already established and on-going relationships between Tribal and state officials.
Collaborate and consult with honesty, integrity, and transparency in the consultation process. Mutual respect and trust are fundamental elements in establishing a good consultative relationship.
Be open with information that may be beneficial or critical to making a decision or developing a position.
Together with Tribal Nations, remain flexible to attain practical and progressive solutions.
MnDOT recognizes Tribal Governments as sovereign entities with primary authority and responsibility for the reservation populace. Accordingly, MnDOT will work directly with Tribal Governments as the independent authority for reservation affairs, and not as political subdivisions of states or other governmental units.
In keeping with the principle of Indian self-government, view the 11 Tribal Nations listed in Minn. Stat. § 10.65 as the appropriate non-federal parties for making decisions and carrying out program responsibilities affecting Indian reservations, their environments, and the health and welfare of the reservation populace. MnDOT will look directly to Tribal Governments to play this lead role for matters affecting reservation environments.
Take intentional steps to encourage and assist Tribal Nations in entering into Master Partnership Agreements which support self-governance within Indian Country.
Take appropriate steps to remove existing legal and procedural impediments to working directly and effectively with Tribal Governments.
Encourage cooperation between Tribal, state, and local governments to solve transportation and transit concerns.
Work with federal agencies on related issues that may impact Tribal Nations or the trust relationship between Tribal Nations and federal government.

Reason for policy

The purpose of this policy is to develop, improve diplomatic standings, and maintain collaborative relationships between MnDOT and Minnesota Tribal Nations.

Minn. Stat. § 10.65 states:

Subd. 1. Recognition of Tribal status and relationship with the state of Minnesota.
(a) The state of Minnesota is home to 11 federally recognized Indian Tribes with elected Tribal Government officials. The state of Minnesota acknowledges and supports the unique status of the Minnesota Tribes and their absolute right to existence, self-governance, and self-determination.

In addition, federal Tribal consultation statutes, orders, regulations, rules, policies, manuals, protocols and guidance are to be taken into consideration in government-to-government relationships with Tribal Nations, such as Code of Federal Regulations (CFR) Title 23, Tribal Consultation to ensure consistency and compliance with the purpose and intent with each requirement.

Consultation is a process of meaningful communication and coordination between MnDOT and Tribal officials prior to taking actions or implementing decisions that may affect Tribes or Tribal interests. As a process, consultation includes several methods of interaction that may occur at different levels.

This policy seeks to strike a balance between providing sufficient direction for purposes of achieving consistency and predictability. In addition, allows for and encourages the development of consultative approaches to reflect the circumstances of each situation and to accommodate the preferences of Tribal governments.

This policy is prepared in accordance with Minnesota statutes and rules, and federal statutes and regulations. MnDOT, in conjunction with Tribal Nations, will address issues and opportunities, in context with the law and remain flexible in the means to attain practical and progressive solutions.

Applicability

All MnDOT employees must comply with this policy.

Key stakeholders with responsibilities under this policy include:

All MnDOT employees whose work responsibilities involve actual or potential actions that may affect Tribes or Tribal interests.
All consultants and contractors responsible for planning, designing, constructing, or maintaining projects along trunk highway right of way on or abutting Tribal lands.

Definitions

Consultation

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.

Collaboration

All parties involved in carrying out planning and project development work together in a timely manner to achieve a common goal or objective.

Coordination

Each party:

Shares and compares in a timely manner its transportation plans, programs, projects, and schedules with the related plans, programs, projects, and schedules of the other parties; and
Adjusts its plans, programs, projects, and schedules to optimize the efficient and consistent delivery of transportation projects and services.

Timely and meaningful

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.

Tribal Nations in Minnesota

In Minnesota, the federally recognized tribes are Bois Forte Band of Chippewa; Fond du Lac Band of Lake Superior Chippewa; Grand Portage Band of Lake Superior Chippewa; Leech Lake Band of Ojibwe; Lower Sioux Indian Community; Mille Lacs Band of Ojibwe; Prairie Island Indian Community; Red Lake Nation; Shakopee Mdewakanton Sioux Community; Upper Sioux Community; White Earth Nation.

Tribal Sovereignty

It is the right of American Indian tribes to determine their own future and is outlined in the United States Constitution. Tribal Nations possess all the inherent powers of any sovereign government, except those powers that have been limited or qualified by treaties, agreements or an act of Congress. American Indian tribes, through elected Tribal governments, have the right to operate as self-governing nations.

Responsibilities

Commissioner

Create the “Tone at the Top” in recognizing the unique legal relationships between MnDOT and the Tribal Nations in Minnesota and ensure that MnDOT accords Tribal Governments the same respect accorded to other governments.
Fulfill the spirit and intent of Minnesota Statutes § 10.65. Maintain a positive relationship with Tribal Nations and Tribal groups.
Serve as a standing member on the Minnesota Indian Affairs Council and attend the meetings.
Actively support and ensure the integration of the policy, and its underlying principals and procedures into MnDOT’s vision, mission, and core values so that MnDOT programs, projects and planning reflect the objectives and requirements of this policy.
Ensure that MnDOT senior leadership understands and implements the requirements of the policy.

Director, Office of Tribal Affairs – MnDOT 10.65 appointed Tribal Liaison

Represent MnDOT in matters with Tribal Nations by establishing and maintaining positive relationships with Tribal Nations and groups and serve as a key point of contact on the policy to ensure department-wide understanding and integration of policy relating to MnDOT programs, projects, and planning.
Serve as the principal point of contact for Minnesota Tribal governments.
Serve as voting member on MnDOT Senior Leadership team.
Ensure that MnDOT senior leadership understands and implements the requirements of the policy.
Attain and sustain agency-level support and resources necessary to implement and integrate the policy.
Provide executive level stakeholder communications.
Remove roadblocks and resolve issues that may impede the successful implementation and operation of the policy.
Serve as the designated MnDOT representative on the policy by providing leadership, direction, policy development, and meaningful Tribal consultation to ensure department-wide understanding and integration of the policy as it relates to MnDOT programs, projects, and planning, by establishing and maintaining positive relationships with Tribal Nations and groups.
Serve as the designated MnDOT representative on the Minnesota Indian Affairs Council when the Commissioner is not in attendance.
Establish and promote effective working partnerships between MnDOT leadership and Tribal Governments.
Work collaboratively with entities such as the U.S. Department of Transportation to ensure integration of the requirements of this policy, into transportation planning, programming, project development, and implementation.
Ensure the development and implementation of timely, department-wide training to ensure understanding of and all steps needed to integrate requirements of the policy into MnDOT programs, projects, and planning.
Communicate policy revisions, reviews, and retirements to stakeholders

Senior Leadership Team, Office Directors and District Engineers, Managers and Supervisors

Ensure the integration of policy compliance and operational performance of staff into MnDOT programs, projects, and planning by establishing and maintaining positive relationships with Tribal Nations and groups.
As recommended by the MnDOT Tribal Liaison, serve as a member of the Advocacy Council for Tribal Transportation.
Develop and maintain working relationships with Tribal officials within their service areas.
Ensure staff have the capacity to work effectively with Tribal Nations by encouraging staff to enroll in the Tribal-State Relation Training or other Tribal specific training.

Employees

Read, understand, and follow the policy.
Support MnDOT efforts and strategies to integrate this policy into programs, projects, and planning as they relate to the policy.
For employees whose work responsibilities involve actual or potential actions that may affect Tribes or Tribal interests, attend Tribal-state relations training.

Policy Owner (Director, Office of Tribal Affairs)

Review the policy every two years, or sooner as necessary, to ensure the policy remains up to date.
Ensure procedures and training associated with the policy remain current.
Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
Consult with Tribal Governments before making changes to this policy.
Provide the policy to the governor and lieutenant governor.
Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

Processes, Procedures, and Instructions

Tribal Relations Procedures

Resources

25 CFR 170.100
MnDOT’s Policy Website

History and updates

Adopted

February 25, 2014

Revised

First Revision: April 29, 2026

Policy Review

This policy's next scheduled review is due March 2028.