What Is T.E.R.O

WHAT IS THE PURPOSE OFTHE TERO PROGRAM?The primary purpose of the TERO Programis to enforce tribal law in order to insurethat Indian People gain their rightful shareto employment, training, contracting,subcontracting, and all other economicopportunities on or near reservations.

WHAT DOES THE TEROORDINANCE DO?• Sets conditions. Mandates requirements forcovered employers.• Establishes Authority. Empowers TEROCommission and TERO Staff.• Assigns Responsibility. Delineates duties andresponsibility of Commission and Staff.• Imposes sanctions for violations. Clearly spellsout penalty for violation of Tribal Law.• Provides Due Process of Law. Protects allparties involved.

WHAT IS THE LEGAL BASISFOR TERO?The Tribe’s authority to enact and enforcean Indian Preference law is grounded in itsinherent sovereign status. As sovereigns,tribes have the power to regulatebusiness, levy taxes, and establish theterms and conditions for Indian Preferencein employment/contracting onreservations.

WHAT IS INDIANPREFERENCE?Indian Preference is a unique legal righttribal members have that entitles them tofirst consideration to all employment,training, contracting, subcontracting, andbusiness opportunities that exist on, and insome cases near, reservations.

WHAT IS THE EXTENT OFTERO JURISDICTION?• On or near the exterior boundary of thereservation as legally defined by Treaty orlegislation including ceded lands, territories, andlands where jurisdiction has not beenextinguished. (Usual and Accustomed Areas)• Federal Highway Administration guideline forrecognition of TERO on highway projects is:“Within a reasonable commuting distance”

BASIC REQUIREMENTSALL COVERED EMPLOYERS OPERATING WITHIN THEJURISDICTION OF TRIBAL GOVERNMENT ARE REQUIRED BYLAW TO GIVE PREFERENCE TO QUALIFIED INDIANS IN ALLASPECTS OF THE FOLLOWING:• Employment• Overtime• Training• Transfers• Promotions• Summer youth• Last in layoff• 1 st in recall• Contracting• Subcontracting

TERO FEEContracts of $25,000.00 or more require a fee of 3% of thetotal contract amount.**Tribal, Federal, State, Local Governmentcontracts that are: on or near, for thebenefit of Indians, and/or directly impactany Tribal resource are covered by theTERO Ordinance.**Mandated requirements of the ordinance are enforcedon all contracts regardless of contract amount.

EEOC/TEROSome tribes are contracted with the EqualEmployment Opportunities Commission.On behalf of EEOC the TERO’s areauthorized to counsel individuals withpotential employment discriminationcharges; Draft alleged charges of Title VIIof the Civil Rights Act, as amended, filewith EEOC, and/or attempt to resolve thecharge by mediation.