Equal opportunity and workforce programs | Tribal employment
Tribal projects: Advertisement duties
Pre-advertisement duties
Federal law allows for the preferential employment of American Indians living on or within a reasonable commuting distance of reservations for projects located on Indian reservation roads. In addition, it gives states the right to implement Indian employment preferences for all federal aid projects located on or within a reasonable commuting distance of reservations.
MnDOT exercises this right by including the Special Provisions Relating to Indian Employment, which promote and encourage tribal engagement, in proposals for highway construction on or within a 60-mile radius of reservations.
- MnDOT: Special Provisions Relating to Indian Employment (Word)
- State Aid: Special Provisions Relating to Indian Employment (Word)
Please note, there may be scenarios in which the Specials Provisions Relating to Indian Employment are included in proposals for projects beyond a 60-mile radius. However, such projects are identified on a case-by-case basis and in coordination with tribal governments.
Pre-advertisement communication
If the project is fully on, partially on, or within a 60-mile radius of a reservation, it is best practice to contact the tribal employment contact at least six weeks prior to project advertisement.
The conversation or email sent to the tribal employment contact should address the following topics:
| Topic | Discussion Items |
|---|---|
| Project overview |
|
TERO tax (only if the project is on Indian Country and the tribe has an applicable ordinance) |
|
| Communication |
|
| Miscellaneous |
|
For Indian Country boundary questions, contact Adrien Carretero, MnDOT Tribal Affairs Coordinator at adrien.carretero@state.mn.us or 651-236-7674.
Post-advertisement duties
Once a MnDOT or locally let federal project calling for highway construction or maintenance on or within a 60-mile radius of a reservation is awarded, the project engineer must complete the following duties as set forth in the Special Provisions.
Pre-construction conference
The tribal employment contact must receive an invitation to the pre-construction conference. Furthermore, the conference agenda must include an item providing sufficient time to address tribal employment.
TERO tax payment
The TERO tax is only required if the project is on the reservation and the tribe has an applicable ordinance.
The prime contractor will pay the TERO tax, meaning the assessment levied on the highway construction project occurring anywhere on tribal land, and seek reimbursement through MnDOT or the local agency.
It is important to remember the TERO tax is tribe-specific, such that anything relating to its parameters (remittance, rate, etc.) is set forth in a tribal ordinance.
Noncompliance
If the tribal employment rights officer or another tribal representative indicates the prime contractor is failing to comply with the Special Provisions, refer the matter to the Office of Civil Rights immediately.
Project completion duties
Once a MnDOT or locally let federal project calling for highway construction or maintenance on or within a 60-mile radius of a reservation is completed, the project engineer must complete the following duties as set forth in the Special Provisions Relating to Indian Employment.
Indian Employment Tracking Form
The prime contractor must complete the Indian Employment Tracking Form, which lists all tribal members hired by either the prime contractor or any subcontractor following referral by the tribal employment rights officer, no later than 90 calendar days after receipt of the semi-final estimate.
If the prime contractor fails to submit the Indian Employment Tracking Form, a monetary deduction may be assessed in accordance with the contract.