Edward Fairbanks Tribal Liaison Minnesota Department of Transportation
by March 10, 2014, the following Cabinetlevel Executive Branch 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 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. 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.
Consultation with Tribes is a continuous process. -MPCA Tribal Consulting Policy We will, together with tribal nations, remain flexible to attain practical and progressive solutions -MnDOT Tribal Consulting Policy EPA recognizes Tribal Governments as sovereign entities with primary authority and responsibility for the reservation populace. Accordingly, EPA will work directly with Tribal Governments as the independent authority for reservation affairs, and not as political subdivisions of States or other governmental units. -EPA Policy, 1984
SERIOUS State - Agency Leadership to FULLY IMPLEMENT Agency Tribal Consultation Policy (Or Don t Waste Tribal Government s Time and Energy)
Anishinaabe Bands (Chippewa/Ojibwe) Bois Forte (Nett Lake) Fond du Lac Grand Portage Leech Lake Mille Lacs Red Lake White Earth Dakota Communities (Sioux) Lower Sioux Prairie Island Shakopee-Mdewakanton Upper Sioux 12 Federally Recognized Tribes (Including the Minnesota Chippewa Tribe)
Minnesota State Agency Tribal Liaisons Panel Addressing What are the components of successful partnerships and what made them successful? Consulting vs. Working Relationship?
Chairman Kevin Jensvold, Upper Sioux Community and MnDOT Commissioner, Charles Zelle (2014)
Project Details: One of the busiest highways in MN with large volume of 18 wheelers, logging trucks, and recreational traffic Deadliest intersection on Leech Lake Reservation Native housing with no walking-biking access Commerce corridor complications
Coordination Efforts: Funding, application processes, timelines Face-to-face meeting critical Tribal Council Representative, Tribal Technical staff and MnDOT Partnerships utilized Resolution: Separate Walking \ Biking Trail from the Tribal Housing to Village of Bena Phase II - additional trail to connect a State Wide Bike Way and provide additional safety measures to the Tribal Membership
The Advocacy Council for Tribal Transportation, founded in 2006, discusses roadway policy and issues involving roadways on or near Indian reservations. Membership includes representatives from: eleven Minnesota tribes, MnDOT, BIA, Michigan TTAP, Minnesota Indian Affairs Council, FHWA, and Minnesota counties and cities.
Assess and Evaluate Common Tribal Issues Develop Statewide Policy and/or Legislation Create Awareness and Educate on Issues Identify and Promote successful Practices Identify and prioritize issues and determine the appropriate action for those issues Determine that external stakeholders, gather input, gain ACTT consensus on any action, obtain endorsement from the Minnesota Indian Affairs Council, and submit to appropriate the agency for approval/implementation Identify information resources, gather feedback on issues/topics of interest, and identify and develop forums Work to develop process to identify, evaluate, disseminate successful practices and identify resources and develop mechanisms to promote forums for successful practices
Fond du Lac Montana
If structured correctly (represented in the Commissioner s Office) the Tribal Liaison, inclusive to the agency s Senior Leadership, is the only staff member whom has the duty to interact with a wide range of jurisdictional and governmental entities. Tribal Chairperson Tribal Invasive Species Manager Trust Governor State Agency Staff Member
Assistance with Coordination and Consultation efforts (internally and externally) Regularly reviewing agreements (individual Tribal and MnDOT Agreements: ROW Vegetative Management Indian Employment (TERO) Section 106 (Tribal\FHWA\MnDOT) Area Transportation Partnerships, Tribal Voting Membership Tribal\MnDOT Communications Index And more
Status update on and evaluation of Executive Order 13-10 Identify best practices and guidelines for government-to government consultation for State Agency policies Discuss tribal/state resource guide book concept and list Status update on Tribal-State Relations Training Provide technical assistance to other 181state agencies, offices, boards, and councils that do not (currently) have either a tribal liaison or consultation policy
Edward Fairbanks Tribal Liaison Minnesota Department of Transportation Edward.fairbanks@state.mn.us www.dot.state.mn.us/mntribes