American Indian Employment

MnDOT Policy #OE018
Revised: June 25, 2025

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Administrative Officer
Policy Owner: Director, Office of Tribal Affairs
Policy Contact: Tribal Operations Liaison

Policy statement

The Minnesota Department of Transportation (MnDOT) is responsible for the planning, project development, construction, reconstruction, repair and maintenance of all state trunk highways, including roads in Indian Country. MnDOT must work with recognized Tribal Nations on transportation-related projects, employment, contracting, and workforce training opportunities.

Employment

All American Indians are eligible for employment on state and federally funded projects. Recruiting efforts for the project must be targeted toward those living on or near a reservation. American Indian employment preference must be applied without regard to Tribal affiliation or place of enrollment.

As it relates to recruitment, retention and promotion within state agencies, MnDOT must collaborate with Tribal Nations in providing access to relevant resources to fulfill Executive Order 19-01’s requirements.

Contracting

For construction projects on or near reservations, contractors must collaborate with Tribal Nations to utilize American Indian labor in performing contract work. MnDOT encourages cities and counties to adopt a similar policy for state-funded road projects on or near reservations.

Workforce training

The Federal Highway Administration (FHWA) requires states to have an on-the-job (OJT) training program. The contractor must collaborate with Tribal Nations to recruit and retain American Indians for OJT positions on projects on or near reservations.

Additionally, Minnesota Statutes § 174.02, subdivision 11, requires the Commissioner of Transportation to establish a Tribal worksite training program for state-funded construction projects. The Commissioner may enter into an agreement with any private, public, or Tribal entity for the planning, designing, developing, and hosting of the program.

Finally, Minnesota Laws 2023, Regular Session, Chapter 68, Article 1, Section 2, appropriated funds for the purpose of establishing a Tribal affairs workforce training program related to the construction industry.

Reason for policy

The State of Minnesota and the 11 federally recognized Tribal Nations within Minnesota promote and support American Indian employment on MnDOT projects on or near reservations. Besides providing an economic benefit, this position ensures American Indians are involved in projects affecting their communities. MnDOT projects provide employment opportunities and meaningful work for American Indians.

As it relates to American Indians as applicants and current MnDOT employees, Executive Order 19-01, signed by Governor Tim Walz, creates a Diversity and Inclusion Council to address recruitment, retention, and promotion of state employees while creating opportunities for everyone to thrive. MnDOT’s goal is to have a workforce that represents Minnesota’s communities.

Minnesota Statutes § 161.369 and 23 United States Code, section 140(d), authorize the Commissioner of Transportation to implement an Indian employment preference for members of federally recognized Tribes on projects carried out under United States Code, title 23, on or near an Indian reservation.

The FHWA encourages state Departments of Transportation to work cooperatively with Tribes to employ American Indians.

Minnesota Statutes § 174.02 requires the Commissioner of Transportation to establish a Tribal worksite training program for state-funded construction projects. Minnesota Laws 2023, Regular Session, Chapter 68, Article 1, Section 2 appropriated funds to MnDOT to establish a Tribal affairs workforce training program related to the construction industry.

Minnesota Statutes § 10.65 recognizes the unique relationship between Tribal Nations and the State government. MnDOT must coordinate meaningfully and in a timely fashion with Tribal Nations, including but not limited to, coordinating on access to employment and contracting and training opportunities.

Applicability

All MnDOT employees must comply with this policy.

Key stakeholders with responsibilities under this policy include:

MnDOT Commissioner
MnDOT Senior Leadership
Office of Tribal Affairs
District Engineers
Project Managers
Project Engineers
Human Resources (Central Office and Districts)
Office of Civil Rights
Office of Advancing Equity
Office of State Aid Local Transportation

Definitions

Indian/American Indian

An individual who is a member of a federally recognized Tribe.

Note: MnDOT Office of Civil Rights tribal employment programs are open to all parties who identify as Indian/American Indian regardless of Tribal affiliation.

Near

Projects that are "near" an Indian reservation are defined as those within a reasonable commuting distance from the reservation. MnDOT has determined that, at a minimum, all projects within a 60 mile radius of each reservation in Minnesota are near a reservation based on this definition of ‘near.’ There may also be projects beyond the 60-mile radius that are near a reservation based on this definition of ‘near.’ This will be determined on a case-by-case basis and in coordination or consultation with impacted Tribes.

Indian Country

As defined in 18 United States Code section 1151, Indian Country includes reservations, allotments, and dependent American Indian communities. Indian Country may include off-reservation land.

Note: See the Indian Country Guidance and the MnDOT Tribal Map Application for additional information.

Responsibilities

MnDOT Commissioner

In consultation with federally recognized tribes in Minnesota, determine when a project is near an Indian reservation.

MnDOT Senior Leadership

Create the “tone at the top” as it relates to American Indian employment with MnDOT and on construction projects on or near a reservation.

Office of Tribal Affairs

Establish and promote effective working partnerships between MnDOT leadership and Tribal Nations.
Lead and coordinate statewide efforts and ensure MnDOT’s implementation as it relates to the establishment and development of American Indian employment, contracting and training.
Establish and administer a Tribal Affairs Workforce Training Program related to the construction industry.

District Engineers

Coordinate and collaborate regularly (at least annually), with each Tribe in the district to share information on short- and long-range programs, the status of projects on or near reservations within the district boundaries, and on employment, training, and contracting opportunities.
Coordinate and collaborate with Tribal Nations and, upon agreement, include Special Provisions Relating to Indian Employment on individual projects on or near the reservation.
Inform Tribal Nations of delayed projects and share solutions to mitigate impact on American Indian employment, Tribal communities, and Tribal businesses.
Promote small business contracting opportunities for American Indian business owners.
Encourage partnership opportunities with Tribal Nations for maintenance activities and other contractor-related work that falls under MnDOT’s responsibility.
Develop partnerships with Tribal Nations relating to the Tribal Worksite Training Program for state-funded construction projects.

Project Managers

Inform Tribal Nations of the upcoming project.
Collaborate closely with the Office of Civil Rights and the Office of Tribal Affairs to develop Special Provisions Relating to Indian Employment requirements and add the name of all Tribal employment contacts to the Special Provisions for each project on or near a reservation.
Insert Special Provisions Relating to Indian Employment into contracts on or near the reservation.
Inform district leadership and Tribal Nations of delayed projects and share solutions to mitigate impact on American Indian employment, Tribal communities, and Tribal businesses.

Project Engineers

Review Special Provisions Relating to Indian Employment requirements with contractors at pre-construction conferences.
Collaborate closely with the Office of Civil Rights to ensure compliance with Special Provisions Relating to Indian Employment.

Human Resources (Central Office and Districts)

Provide information on MnDOT job openings to the Tribal Nation employment representative including TERO and non-TERO Tribes (e.g., Urban Offices, Tribal Human Resources Directors, Tribal Employment Rights Officers, Tribal Colleges’ career counselors, and other Tribal employment representatives).
Ensure American Indians can access resources on resume tips, state employment application processes, and interview tips.
Collaborate with the Office of Tribal Affairs and the Indigenous Employee Resource Group to organize and participate in job fairs and other community events in Indian Country.
Collaborate with the Office of Tribal Affairs and implement the action plan for Hiring and Retention of American Indians.
The Office of Human Resources will establish and maintain relationships with Tribal Nation employment representatives.

Office of Civil Rights

Meet with Tribal employment representatives to promote employment opportunities for American Indians on state and federally funded projects on or near reservations in accordance with 23 USC 140(d) and Minnesota Statutes §161.369.
Enforce Special Provisions Relating to Indian Employment and ensure contractor compliance.
Administer the On-the-Job Training (OJT) program and increase opportunities for American Indians.
Consult and coordinate with the Office of Tribal Affairs in the development and administration of the Tribal Employment, OJT, and Small Business programs as they relate to American Indian employment, contracting, and trainings in Minnesota.
Coordinate with the Office of Tribal Affairs, District leadership, and Tribal employment representatives to identify and diversify training, small business services, and contracting opportunities for American Indians in Minnesota, including Indian Country and urban centers.

Office of Advancing Equity

Provide small business contracting opportunities for American Indian business owners.
Advise American Indian business owners on MnDOT procurement and delivery methods.
Promote employment and workforce opportunities for American Indians with MnDOT and MnDOT partners.
Coordinate with the Office of Tribal Affairs and Tribal employment representatives to provide trainings and workshops for individuals and businesses.

Office of State Aid and Local Transportation

Follow the American Indian Employment policy for state and federally funded projects.
Coordinate with the Office of Tribal Affairs and encourage cities and counties to adopt a similar policy for state-funded road projects on or near reservations.

Policy Owner (Director, Office of Tribal Affairs)

Review the policy every two years, or sooner as necessary, to ensure the policy remains up to date.
Ensure supporting documents associated with the policy remain current.
Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

Maps

MnDOT Tribal Map Application

Processes, Procedures, and Instructions

Special Provisions relating to Indian Employment
Action plan on Hiring and Retention of American Indians

Resources

History and updates

Adopted

April 22, 2005 (Policy #6.3)

Revised

First Revision: September 10, 2020 (Renumbered as #OE018)
Minor edits:
- August 26, 2021 - updated definition of Indian Country.
- December 1, 2021 - added reference to Minnesota Statute, section 10.65
- October 17, 2022 - updated policy owner responsibilities to match revised template
Second Revision: June 25, 2025

Policy review

This policy's next scheduled review is due June 2027.