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Governor Dayton Issues Executive Order to Strengthen Tribal Relationships with State Government Agencies

Executive Order 13-10 directs state agencies to implement tribal consultation policies

August 08, 2013

MAHNOMEN, MN – Joined by tribal leaders today in Mahnomen, Governor Mark Dayton signed Executive Order 13-10 directing state government agencies to implement new tribal consultation policies aimed at improving relationships and collaboration with Minnesota’s eleven Tribal Nations. The Executive Order was written in consultation with tribal leaders, and requires that:


1.    Specified state agencies will develop and implement tribal consultation policies;

2.    State agencies will consult with Tribes on issues that affect American Indians;

3.    Agencies will designate a staff member to be their points-of-contact on tribal issues; and

4.    Agencies will provide training for designated staff who work with American Indians.

Executive Order 13-10, in its entirety, reads as follows:

Affirming the Government –to-Government Relationship between the State of Minnesota and the Minnesota Tribal Nations: Providing for Consultation, Coordination, and Cooperation; Rescinding Executive Order 03-05

I, Mark Dayton, Governor of the State of Minnesota, by virtue of the power invested in me by the Constitution and applicable statutes, do hereby issue this Executive Order:
Whereas, the United States and the State of Minnesota have a unique legal relationship with federally recognized Tribal Nations, as affirmed by the Constitution of the United States, treaties, statutes, and case law; and
Whereas, the State of Minnesota is home to 11 federally recognized Tribal Nations (“the Minnesota Tribal Nations”) with elected or appointed Tribal Governments; and
Whereas, the State of Minnesota recognizes and supports the unique status of the Minnesota Tribal Nations and their right to existence, self-government, and self-determination; and
Whereas, the Minnesota Tribal Nations are comprised of a majority of the State’s 61,000 American Indians and provide significant employment in the State; and

Whereas, members of the Minnesota Tribal Nations are citizens of the State of Minnesota and possess all the rights and privileges afforded by the State; and
Whereas, the State of Minnesota and the Minnesota Tribal Nations significantly benefit from working together, learning about one another, and partnering where possible; and
Whereas, meaningful and timely consultation between the State of Minnesota and the Minnesota Tribal Nations will facilitate better understanding and informed decision making by allowing for collaboration on matters of mutual interest, and helping to establish respectful relationships between the State and the Minnesota Tribal Nations.
                                         

Now, Therefore, I hereby order that:
1.    All Executive Branch agencies of the State of Minnesota shall recognize the unique legal relationship between the State of Minnesota and the Minnesota Tribal Nations, respect the fundamental principles that establish and maintain this relationship, and accord Tribal Governments the same respect accorded to other governments.

2.    By March 10, 2014, the following Cabinet-level Executive Branch agencies (hereinafter “Cabinet Agency” and “Cabinet Agencies”) shall, in consultation with the Minnesota Tribal Nations, develop and implement tribal consultation policies to guide their work and interaction with the Minnesota Tribal Nations: the Department of Corrections, Department of Education, Department of Health, Housing Finance Agency, Department of Human Rights, Department of Human Services, Department of Natural Resources, Pollution Control Agency, Department of Public Safety, Department of Transportation, and Department of Veterans Affairs. All other Cabinet-level Executive Branch agencies shall coordinate, as needed, with the tribal liaison in the Governor’s Office to consult with the Minnesota Tribal Nations. Prior to February 1 of each year, each Cabinet Agency shall consult with each of the Minnesota Tribal Nations to identify priority issues for consultation.

3.    As appropriate, and at the earliest opportunity, Cabinet Agencies shall consult with the Minnesota Tribal Nations prior to undertaking actions or policies related to the list of priority issues identified in Paragraph 2. Cabinet Agencies shall consider the input generated from tribal consultation into their decision-making processes, with the goal of achieving mutually beneficial solutions.

4.    Each Cabinet Agency shall designate a staff member to assume responsibility for implementation of the tribal consultation policy and to serve as the principal point of contact for the Minnesota Tribal Nations. Each Cabinet Agency’s designated staff member shall work with a representative(s) designated by the Minnesota Tribal Nations, who shall serve as the Cabinet Agency’s principal point of contact.

5.    All Cabinet Agencies shall provide training for designated staff who work with the Minnesota Tribal Nations in an effort to foster a collaborative relationship between the State of Minnesota and the Minnesota Tribal Nations.

Nothing in this Order shall require state agencies to violate or ignore any laws, rules, directives, or other legal requirements or obligations imposed by state or federal law, or set forth in agreements or compacts between one or more of the Minnesota Tribal Nations or any other Tribal Nation and the State or its agencies. This Order is not intended to, and does not create, any right to administrative or judicial review, or any other right or benefit or responsibility, substantive or procedural, enforceable against the State of Minnesota, its agencies or instrumentalities, its officers or employees, or its subdivisions or any other persons. Nothing in this Order prohibits or limits any state agency from asserting any rights or pursuing any administrative or judicial action under state or federal law to effectuate the interests of the State of Minnesota or any of its agencies.
If any provision in this Order conflicts with any laws, rules, or other legal requirements or obligations imposed by state or federal law, state and federal laws shall control.

Under Minnesota Statutes, section 4.035, subdivision 2, this Executive Order is effective
15 days after publication in the State Register and filing with the Secretary of State and shall remain in effect until rescinded by proper authority or it expires in accordance with Minnesota Statutes, section 4.035, subdivision 3.