Minnesota Board of Aging addition to the definition of "agency" in the statue governing government-to-government relationships with Tribal governments

A bill for an act

relating to state government; adding the Minnesota Board on Aging to the definition

of "agency" in the statute governing government-to-government relationships with

Tribal governments; amending Minnesota Statutes 2025 Supplement, section 10.65,

subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 10.65, subdivision 2, is amended

to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings

given:

(1) "agency" means the Department of Administration; Department of Agriculture;

Department of Children, Youth, and Families; Department of Commerce; Department of

Corrections; Department of Education; Department of Employment and Economic

Development; Department of Health; Office of Higher Education; Housing Finance Agency;

Department of Human Rights; Department of Human Services; Department of Information

Technology Services; Department of Iron Range Resources and Rehabilitation; Department

of Labor and Industry; Minnesota Management and Budget; Bureau of Mediation Services;

Department of Military Affairs; Metropolitan Council; Department of Natural Resources;

Pollution Control Agency; Department of Public Safety; Department of Revenue; Department

of Transportation; Department of Veterans Affairs; Direct Care and Treatment; Gambling

Control Board; Racing Commission; the Minnesota Lottery; the Animal Health Board; the

Public Utilities Commission; the Board of Water and Soil Resources;
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and
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the Office of

Cannabis Management;
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and the Minnesota Board on Aging;
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(2) "consultation" means 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;

(3) "matters that have Tribal implications" means rules, legislative proposals, policy

statements, or other actions that have substantial direct effects on one or more Minnesota

Tribal governments, or on the distribution of power and responsibilities between the state

and Minnesota Tribal governments;

(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located

in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech

Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian

Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;

and Upper Sioux Community; and

(5) "timely and meaningful" means 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.