beyond the governor’s executive order tribal consultation policy & tribal law its effect to...

BEYOND THE GOVERNOR’S EXECUTIVE ORDER

TRIBAL CONSULTATION POLICY & TRIBAL LAW

ITS EFFECT TO IMPLEMENT CHANGE

Introduced by

AnnaMarie HillExecutive Director

MN Indian Affairs Council

Presented by:

Professor Tadd M. Johnson, Esq., UMD

Allison Jones - Governor’s Office

Linda Aitken - MnDOT

NEWS RELEASE: AUGUST 08, 2013EXECUTIVE ORDER 13-10 DIRECTS STATE AGENCIES TO IMPLEMENT TRIBAL CONSULTATION POLICIES

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.

GOVERNOR DAYTON SIGNS EXECUTIVE ORDERTO STRENGTHEN

TRIBAL RELATIONSHIPS WITH STATE GOVERNMENT AGENCIES

EXECUTIVE ORDER 13-10

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.

NOW, THEREFORE, I HEREBY ORDER THAT:

2. By March 10, 2014, the following Cabinet-level Executive Branch agencies (listed) 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.

• 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.

NOW, THEREFORE, I HEREBY ORDER THAT:

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.

NOW, THEREFORE, I HEREBY ORDER THAT:

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.

NOW, THEREFORE, I HEREBY ORDER THAT:

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.

TOP 10 THINGS TO KNOW ABOUT INDIANS

1. There are three types of sovereigns in the United States: Federal, State and Tribal

TOP 10 THINGS TO KNOW ABOUT INDIANS

The Commerce Clause of the Constitution,

Article I Section 8.

TOP 10 THINGS TO KNOW ABOUT INDIANS

2. Being an Indian is a Political not a racial classification. (Morton v. Mancari, 1974.)

TOP 10 THINGS TO KNOW ABOUT INDIANS

Therefore, the BIA, IHS and Indian tribes can use Indian preference in hiring.

TOP 10 THINGS TO KNOW ABOUT INDIANS

3. As a general rule, the laws of states do not apply on Indian reservations. (Worcester v. Ga., 1832.)

TOP 10 THINGS TO KNOW ABOUT INDIANS

4. The Bill of Rights does not apply on Indian reservations (Talton v. Mayes, 1896.)

However, the Indian Civil Rights Act of 1968

does apply.

TOP 10 THINGS TO KNOW ABOUT INDIANS

5. In Minnesota there are eleven federally recognized Indian tribes.

TOP 10 THINGS TO KNOW ABOUT INDIANS

6. Minnesota ranks 50 out of 50 states in

graduating Indians from high school.

TOP 10 THINGS TO KNOW ABOUT INDIANS

7. The U.S made nearly 400 treaties with Indian tribes.

The U.S. broke all of them.

TOP 10 THINGS TO KNOW ABOUT INDIANS

8. Indians pay taxes.

TOP 10 THINGS TO KNOW ABOUT INDIANS

9. Congress has plenary power over Indian tribes. As a general rule, states are excluded from the federal-tribal relationship.

TOP 10 THINGS TO KNOW ABOUT INDIANS

10. Indian tribes retain all sovereign rights that have not been expressly taken away by Congress.

OTHER STATES TRIBAL CONSULTATION

Washington State – 2013 Agency Highlightshttp://www.goia.wa.gov/News/

2013_Centennial_Accord_Agency_Highlights.pdf

IT IS FURTHER ORDERED that it is the policy of this Administration that every state agency and department subject to my executive control shall encourage communication and consultation with California Indian Tribes.

CALIFORNIA EXECUTIVE ORDER B-10-11

GOVERNMENT-TO-GOVERNMENT TRIBAL-STATE RELATIONS TRAINING

GOVERNMENT-TO-GOVERNMENT TRIBAL-STATE RELATIONS TRAINING

1. Classroom: Government-to-Government Tribal-State Relations Training

2. e-learning: G2G Tribal State Relations Training

3. e-learning & Folder: Tribe’s specific

4. e-learning: specific information

5. Speaker’s Bureau: Tribal speakers on Tribal issues

GOALS

• Educate state employees about Indian people and governments

• Create partnerships

• Build respectful relationships between the State and Tribe

• Create an enduring commitment by the state to learn about tribal governments

INTENDED OUTCOMES

QUESTIONS?

Department Head and Director of Graduate Studies

American Indian Studies Department University of

Minnesota Duluth218-726-8771218-726-6878

taddjohn@d.umn.edu

Linda AitkenMnDOT – Office of

Government Relations218.547.0060 Desk

Linda.aitken@state.mn.us

Annamarie HillExecutive Director

Minnesota Indian Affairs Council

651-296-0041 DeskAnnaMarie.Hill@state.mn.us

Allison JonesOffice of Governor Mark Dayton andLt. Governor Yvonne Prettner Solon

651-201-3422 DeskAllison.Jones@state.mn.us