Kelly Jackson, Statewide Tribal Liaison

Wisconsin Department of Transportation
Labor Development
Initiative
Kelly Jackson
Danielle Yancey
Statewide Tribal Affairs

Presentation Overview
• Federal and state guidance
• Tribal Affairs Initiatives
• Native American Labor Development
• Discussion

Federal Guidance
• United States Constitution – Article 1,
Section 8, Clause 3
To regulate Commerce with foreign
Nations, and among the several States,
and with the Indian Tribes

Federal Guidance
• Executive Order 13175 - Coordination &
Consultation with Indian Tribal
Governments (2000 & 2009)
• Executive Order 13502 – Use of Project
Labor Agreements for Federal
Construction Projects (2009)
– FHWA 1273 Part II Non-Discrimination

Federal Guidance
23 United States Code – Section 140
Non-Discrimination
(d) Indian Employment and Contracting.- Consistent
with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-2(i), nothing in this section shall preclude the
preferential employment of Indians living on or near a
reservation on projects and contracts on Indian reservation
roads. States may implement a preference for employment of
Indians on projects carried out under this title near Indian
reservations. The Secretary shall cooperate with Indian tribal
governments and the States to implement this subsection.

State Guidance
• Executive Order 39 - Affirmation of the
government-to-government relationship
between the State of Wisconsin and
Indian Tribal Governments located within
the state of Wisconsin (2004)

State Guidance
Partnership Agreement (October 2010)
• First of its kind agreement that creates and defines
the processes by which WisDOT and the Wisconsin
Division-Federal Highway Administration (FHWA)
work in collaboration with tribes on transportation
related issues.
• Includes guiding principles, issue/dispute resolution
process, and emphasis areas and measurable
achievements.
• Originally signed in May of 2005 and resigned in
October of 2010.

WisDOT Tribal Affairs
Partnership Agreement Core Emphasis Areas
• Partnership
• Transportation Safety
• Economic Development
• Building Business Capacity
• Native American Labor Development
• Training
• Cultural Resources

WisDOT Tribal Affairs
Secretary’s Annual Consultation
• The annual consultation meeting with the Secretary of
WisDOT provides an opportunity for tribal leaders and
representatives to express concerns, highlight issues
and make recommendations regarding statewide tribal
affairs.

WisDOT Tribal Affairs
Tribal Task Force
• Created as a result of the Partnership Agreement and serves as an
advisory and policy advisory committee on transportation related
issues affecting tribes.
• Funded by WisDOT through a Memorandum of Agreement (MOA)
with the College of the Menominee Nation. Meetings are held on
a bi-monthly basis.
• Membership consists of WisDOT agency representatives, federal
agency representatives and tribal designees that are appointed by
each respective tribal government.
• Responsible for creating an annual work plan that measures the
achievement of goals as outlined in the partnership agreement.

Tribal Affairs Team
• Kelly Jackson, Statewide Tribal
Liaison
Phone: (608) 266-3761
Email: kelly.jackson@dot.wi.gov
• Danielle Yancey, Tribal Liaison
Phone: (608) 261-0131
Email: danielle.yancey@dot.wi.gov
• Sandy Stankevich, North Central
Region Tribal Liaison
Phone: (715) 365-5784
Email: sandy.stankevich@dot.wi.gov
• Brent Pickard, Northwest Region
Tribal Liaison
Phone: (715) 836-4623
Email: brent.pickard@dot.wi.gov
• Derek Weyer, Northeast Region Tribal
Liaison
Phone: (920) 492-0139
Email: derek.weyer@dot.wi.gov
• Roger Larson, Southwest Region Tribal
Liaison
Phone: (608) 246-7916
Email: roger.larson@dot.wi.gov
• Andrew Malsom, Southeast Region Tribal
Liaison
Phone: (262) 521-5354
Email: andrew.malsom@dot.wi.gov

Native American Labor
Development
“Work will focus on tribal and Transportation agency
staff, ensuring that all is done to cooperatively
ensure that work in Indian Country complies with
tribal codes to the extent applicable; promotes
Tribal employment through training-based
initiatives and joint partnerships; and sustains,
promotes, and expands Native American hiring.
[Note: WisDOT does not have statutory authority to
impose and enforce TERO and other hiring preferences
on WisDOT contracts.]”
- Partnership Agreement, October 2010

What is TERO?
Native American Labor
Development
• Tribal Employment Rights Ordinance
(TERO)
– Preference hiring goals
– TERO tax
– More than 300 Indian tribe and Alaska native
village governments have TERO offices.
(2008)

Native American Labor
Development
23 United States Code – Section 140
Non-Discrimination
(d) Indian Employment and Contracting.- Consistent
with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-2(i), nothing in this section shall preclude the
preferential employment of Indians living on or near a
reservation on projects and contracts on Indian reservation
roads. States may implement a preference for employment of
Indians on projects carried out under this title near Indian
reservations. The Secretary shall cooperate with Indian tribal
governments and the States to implement this subsection.

Native American Labor
Development
• WisDOT Office of General Council
determined that:
1. A state agency must find authority within
state statutes to enforce a hiring
preference program
2. Authority does not exist
• Developed the Native American Hiring
Provision in lieu of TERO/Indian hiring
preference

Native American Labor
Development
Native American Hiring Provision
– STSP (Standardized special provision) 107-200
– “Encourages and promotes the hiring of Native
Americans on transportation construction projects that
are located ‘on’ or ‘near’ reservations”
– “On” or “near” reservation is defined by the tribal
government (based on county)
– Labor representative is identified the tribal government
to serve as primary point of contact for contractors
– NAHP hiring tracking form (DT2405)

Native American Labor
Development
Stakeholders Focus Group
– Tribal leaders and labor representatives
– Industry (WTBA, AICCW, Unions)
– WisDOT management and staff

Native American Labor
Tribal Labor Peer Exchange
– Participants: WisDOT Tribal Task Force, Tribal
labor representatives, TrANS Coordinators,
FHWA, AICCW
– Tribal Affairs overview
– Information exchange
– TrANS presentation
– Networking
Development
– Open discussion/issues

Native American Labor
Development
Transportation Alliance for New Solutions (TrANS)
“public-private model for collaboration and
success in preparing women, minorities and other
individuals with skills needed to gain access to
the road-building industry as laborers and
apprentices”
– College of the Menominee Nation
– Forward Services

Incentives
Native American Labor
Development
– ASP 1 provides a $5.00 reimbursement payment per
hour for contractors to hire TrANS graduates
– Employers of American Indians may be eligible to
claim the Indian employment credit: (Form 8845).
Qualified employees meet all three of the following:
• Enrolled member, spouse of an enrolled member of an
Indian tribe.
• Substantially all services performed by employee for
employer are performed within an Indian reservation.
• Employee’s principal residence while performing services is
on or near the reservation.

Native American Labor
Development
National Summer Transportation Institute (NSTI)
“designed to introduce secondary school
students to all modes of transportation careers
and encourage them to pursue transportationrelated
courses of study at the college/university
level.”
- College of the Menominee Nation
- Lac Courte Oreilles Objibwa Community College

Thank You!
Questions/Concerns/Issues
Contacts:
Kelly Jackson
Office|608-266-3761
Email| kelly.jackson@dot.wi.gov
Danielle Yancey
Office| 608-261-0131
Email| danielle.yancey@dot.wi.gov