MnDOT Policies

Tribal Relations Procedures

For Minnesota Tribal Nations Policy #AD005

Effective Date: April 29, 2026

Print procedures (pdf)

Introduction

This document is the technical companion to the Minnesota Department of Transporation’s (MnDOT’s) Tribal Relations Policy.

To the fullest extent possible, MnDOT will develop and utilize a “big picture view” of issues to address broad-scale opportunities or challenges, to promote and successfully implement government-to-government relations between MnDOT and Tribal Nations. MnDOT will concentrate on three focus areas to fulfill the spirit and intent of Minnesota Statutes § 10.65:

1. Government-to-Government Development
2. Employee Training and Outreach
3. Additional Resources

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.

Focus area 1: government-to-government development

Consultation, coordination, and cooperation

Meaningful consultation is reliant on collaboration and coordination at many levels within our agency not only at the leadership level. MnDOT cannot have meaningful consultation without coordination and collaboration prior to any action taken. MnDOT will use these principles to guide our government-to-government relationship with Tribal Nations and compliance with Minn. Stat. § 10.65.

See also: Appendix

Coordination and cooperation

• Responsibility should be shared
• All staff have a shared interest in finding common ground and solutions
• The Office of Tribal Affairs will rely heavily on district/office staff to find and implement solutions
• Office/District staff will rely on Office of Tribal Affairs for staff capacity building to ensure districts/offices have the capacity to be successful
• Agency leadership will set the tone from the top
• Communication builds a relationship
• Agency leadership must acknowledge that communication missteps will happen
• Timely response to Tribal concerns (Show respect)
• Trust will come from multiply levels within both Tribal and state entities.
• Trust helps problem solving and disagreements
• Staff comfort with brainstorming
• Creates an atmosphere of understanding and empathy
• Relationships outlast disagreements

Meaningful Consultation Preparation

• Ensure the Tribe is aware of agency mission/goals:
• The Office of Tribal Affairs will share prior to consultation what the agency is planning and how it may or could impact the Tribe. (Transparency both good and bad)
• The Office of Tribal Affairs will work with districts/offices to identify areas on partnership and shared interests
• The Office of Tribal Affairs will develop a plan to maximize areas of collaboration
• The Office of Tribal Affairs will work with Tribal executive staff to develop an agenda:
• Agenda can help ensure it is meaningful because the agency is prepared to address a topic
• Expectation can be grounded in both governments’ ability to speak to an issue
• Helps create conversations or develop long term plan for relationship
• Once agenda is set, the Office of Tribal Affairs will coordinate with districts/offices to:
• Mitigate any agency impacts, if needed
• Find solutions for issues/concerns
• For issues where agreement cannot be reached, be transparent about why and be open to long term tracking of the issue/concern
• The Office of Tribal Affairs should track action items from consultation:
• Districts/offices to follow up on action items
• The Office of Tribal Affairs will keep Tribal/agency leadership updated on progression of items
• Important for all agency staff to feel included in outcomes

Planning Stage

• MnDOT requires Tribal input in the development of the State Transportation Investment Plan and MnDOT District Transportation Improvement Plans.
• MnDOT’s transportation plans will catalog system condition and needs so that projects may prioritize and work toward systems and networks that eliminate or minimize the impact of system and network gaps and barriers for Tribal Nations’ members.
• Successful statewide implementation of the policy requires multi-jurisdictional coordinating, collaborating, partnering, and planning with Tribal Nations, and other implementing agencies to accomplish efficient and effective system planning and the connectivity at network, corridor, and project levels. An effective government-to-government relationship between MnDOT and the Tribal Nations will provide opportunities to address needs.
• Tribal Nation interests will be addressed using transparent, effective, and project appropriate public involvement processes.

Project Development and Scoping Stage

• Considerations concerning all Tribal Nations must be in the project development process scoping worksheets and documents.
• Plans and projects will consider future demand from all users along and across all corridors, such as with phased projects in the corridor.
• MnDOT must consider all impacted Tribal Nations’ members in project safety reviews, road safety audits, and intersection control evaluations.
• Refer to the following links for further information, Transportation Project Development Process and the Project Management, Processes, Guidance and Tools.

Design Stage

• Designers will use flexible design to provide and balance the needs of Tribal Nation’s safety, and mobility, economy, design consistency, community values, environmental and energy goals, health and aesthetics. MnDOT’s flexible design initiative intends to provide appropriate flexibility inherent in each design element as well as design guidance to encourage solutions oriented toward facility performance and system-wide return on investment.
• Designers must use MnDOT adopted design standards and guidance as the design basis for projects and will consult with Tribal Nations.
• Design exceptions and variances shall follow established MnDOT procedures.

Construction Stage

• As directed by MnDOT’s Field Guide, construction zones will provide alternative and accessible routes and detour provisions to perpetuate previously existing modes of travel, including pedestrians and bicyclists, when closing roads, bridges, or sidewalks for construction projects and maintenance work that lasts more than three days.
• Construction staff will coordinate with the Office of Freight and Commercial Vehicle Operations to ensure oversize- and overweight-permitted loads are appropriately detoured to minimize the impact on Tribal Nations.

Operations and Maintenance Stage, Opportunities for Consultation

• Work with Tribal Nations to identify, and coordinate with, the jurisdictions responsible for providing appropriate maintenance and snow removal on all facilities including sidewalks, crossings, bridges, underpasses, and transit stops and hubs.

Focus area 2: employee training and outreach

Build capacity for consultation, coordination, and cooperation with Tribal Nations

Consistent with MnDOT Statewide Training Guidelines (PDF), employees shall coordinate with their supervisors for approval of job-assigned training about American Indian Tribal Governments, histories, cultures, and traditions in order to:

• Empower state employees to work effectively and be successful when working with Tribal Nations; and
• Promote authentic and respectful relationships between state agencies and American Indian tribes.

Examples of Tribal-State Relations Training

• Tribal – State Relations Training (15-hour instructor-led certification course)
• Training is for decision-makers and front-line staff who work with the Tribes on a regular or face-to-face basis.
• Tribal – State Relations Training (Condensed web-based course)
• Training will provide all MnDOT staff with information about the intent of the policy and promote an understanding of government-to-government relations with Tribal Nations.
• Tribal Government Specific Training (Video and resource materials)
• This training is for agency staff whose work directly involves interacting with respective Tribal Governments (as appropriate by location and/or responsibility). Resource information about each of the 11 Minnesota Tribal Governments, including an understanding of the history, culture, and organizational design of each Tribal Government is available.
• Issue/Topic Specific Training (Video and resource materials)
• This training is for agency staff whose work directly involves interacting with respective Tribal Governments (as appropriate by location and/or responsibility) and pertains to specific transportation issues or topics.

Additional resources

Providing for consultation, coordination, and cooperation with Tribal Nations

Identified in MnDOT policy and procedures, resources for a host of subjects, including but not limited to employment, contracting, training, and technical assistance are available to employees and the Tribes. Best practices will evolve as meaningful and timely consultation helps with the identification of issues of importance to both the Tribal Nations and MnDOT.

Several web-based resources are available to Tribal members to help facilitate whom to call, and how to find out more information. Three websites provide over-arching lists of resources, Doing Business with MnDOT, Contact MnDOT, and MnDOT (A to Z). MnDOT currently has a number of government-to-government relationships with the Tribal Nations; refer to the MnDOT website Tribes and Transportation for further information.

Appendix

Coordination best practices

• Allow for development of communication corridors and set expectations
• Liaison should ensure agency is in compliance with Tribal Nation policy
• Enusre agency is accessible to Tribal governments
• Work on day-to-day relationships as they will affect consultation

Consultation best practices

• Deal in good faith and transparency
• Highest level of leadership
• Be prepared for the issues the Tribes want to discuss
• Track issues annually (maintain notes through liaison position)
• Have a meaningful put forth agenda