TERO

1
TERO

• OPD Conference
• 11/19/2008

2
What is TERO?

• Tribal Employment Rights Ordinance
• Enacted by individual Tribal Governments
• FHWA Participation under Section 140(d) of Title
  23, U.S.C.

3
FHWA and TERO

• Taxing Authority of Tribal Governments
• Fairness of a TERO Tax
• Tribal Taxing Authority and Sovereignty

4
Activities of TERO

• Employment Preference Goals
• TERO Taxes
• Oversight

5
NDDOT TERO Agreements

• Needed for all federally funded construction
  projects.
• Incorporated through Special Provision
• TERO tax and training fee are prorated for the
  individual project.
• Activated through Memorandum of Understanding.
• TERO is not needed for 100 state funded projects.

6
TERO Special Provision

• Communicates TERO requirements to the Contractor
• TERO Taxes
• Business Licenses
• Core Crew

7
TERO Letter of Transmittal

• Identifies Upcoming Project
• Type of Work
• Percentage within the Reservation
• Approximate Taxes

8
Memorandum of Understanding

• Communicates Terms of the Agreement
• Government to Government Pact
• Dual Original Documents

9
TERO and Design/Construction

• Project Designer
• Technical Services
• Project Engineer

10
Designer

• Location
• Estimate
• Special Provision Request

11
Technical Services

• Prepare SP
• Write Letter of Transmittal
• Negotiate if necessary
• Arrange for signatures
• Track TERO Expenditures

12
Project Engineer

• Provides TERO Compliance Officer with needed
  information
• Prepare Construction Estimates
• Assists in dispute resolution

13
TERO Timeframes

• Special Provision Requests
• Negotiation

14
Most Importantly

• Maintain trust and a working relationship.