Environmental regulations
Section 106 - National Historic Preservation Act
The National Historic Preservation Act requires all federal agencies to consult with Indian Tribes for undertakings which may affect properties of traditional religious and cultural significance on or off Tribal lands. View/download Section 106 - National Historic Preservation Act (PDF). Five Minnesota Tribes have signed agreements with the Minnesota Division of the Federal Highway Administration and MnDOT:
- Upper Sioux Community (PDF 406KB)
- Bois Forte band of Chippewa Indians (PDF 634KB)
- Fond du Lac of Lake Superior Chippewa Indians (PDF 619KB)
- Grand Portage band of Chippewa Indians (PDF 75KB)
- Lower Sioux Indian Community (PDF 347KB)
- White Earth Reservation (PDF 408KB)
Working with Section 106:
Where to find more information
- MnDOT environmental stewardship
- Minnesota Environmental Quality Board
- FHWA environment policy
- National Environmental Policy Act (NEPA)
- MnDOT highway project development process
- Tribal Preservation Program
- Advisory Council on Historic Preservation
- State Archaeologist Office
- State Historic Preservation Office (SHPO)
- Mn/Model Statewide Archaeological Predictive Mode
Right of way regulations
Tribal and Indian land
Individually owned land includes:
- Trust land - The federal government holds legal title but the beneficial interest remains with the Individual Indian
- Restricted fee land - An individual Indian holds legal title but with legal restrictions against alienation or encumbrance
Tribally owned land includes:
- Trust land - The federal government holds legal title but the beneficial interest remains with the tribe
- Restricted fee land - The tribe holds legal title but with legal restrictions against alienation or encumbrance
- Fee land purchased by tribes - The tribe acquires legal title under specific statutory authority. However, by operation of law, the title becomes restricted because, without the consent of Congress, it cannot be alienated and, without the consent of the Secretary of Interior, it cannot be encumbered
Federal regulations regarding Tribal land:
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Code of Federal Regulations, Title 25, Volume 1, Part 169 - Procedures, terms and conditions under which rights-of-way over and across tribal land, individually owned land and Government owned land may be granted
Acquisition
The Bureau of Indian Affairs has supervision of applications for construction across Indian lands. Applications for use and occupancy of Indian lands should be submitted by MnDOT to the Secretary of the Interior. The application must be in accordance with the regulations of the Bureau of Indian Affairs as outlined in Title 25, Code of Federal Regulations, Part 169.
Where to find more information
- Indian Reservation Roads / Bridges Federal Lands Highway
- Procedural Handbook: Grants of Easements for Right-of-Way on Indian Lands (PDF) Department of the Interior, Bureau of Indian Affairs, Division of Real Estate Services
- The Acquisition of Easements over Native American Lands for Transportation Projects The U.S. Federal Highway Administration has released a report that examines the challenges inherent in obtaining right-of-way easements over Tribal or allotted lands, explores best practices in use by some state departments of transportation, and assesses the applicability of these best management practices for use nationally. The report is designed to identify potential options for reducing the complexity and risk associated with the acquisition of right-of-way easements over Tribal or allotted lands.
- Public Highways: Rights of Way Across Indian Lands (PDF 171 KB) Jay Daniels, BIA Midwest Regional Office, presented at the May 2009 Midwest Regional Indian Reservation Road Workshop
- Native American Trust Land Transfers in Minnesota (PDF) Laura Smith, Spring 2004 Reporter, Center for Urban and Regional Affairs
- Indian Trust Land (PDF 3.8 MB), Laura Smith presentation at the 2004 Tribes and Transportation Conference