Minnesota Department of Transportation

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Tribes and Transportation

Developing government-to-government relationships through partnerships

Orange barrels on a highway

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:

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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:

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.

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