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Indians Previously Hired By A Contractor Shall Be Included As Part Of The Contractor's Core Crew

An STA may implement procedures or requirements which extend preferential employment to all Indians. Recruiting efforts may be targeted toward those living on or near a reservation or Indian lands. Indian preference shall be applied without regard to tribal affiliation or place of enrollment.

Indians previously hired by a contractor shall be included as part of the contractor's core-crew. In no instance should a contractor be compelled to layoff or terminate a core-crew employee (regardless of Indian or non-Indian status) to meet a preference goal.

Projects eligible for Indian employment preference are those located on roads within, or providing access to an Indian reservation or other Indian lands (as defined under the term "Indian reservation roads "in Section 101 of Title 23), and projects located on roads that are "near "the boundaries of reservations. Roads "near "an Indian reservation are defined as those within a reasonable commuting distance from the reservation.

Accordingly, States are encouraged to work together with Indian tribes and their Tribal Employment Rights Offices (TERO's) to develop contract provisions which will promote employment opportunities for Indians on eligible Federal-aid highway projects. Reasonable overall employment goals for Indians, and the requirements which can be used to achieve such goals, should be agreed upon in advance and made part of the contract documents.

In setting the employment goals, consideration should be given to the scope of the contract and the potential employment requirements of the contractor beyond its core-crew. Once established, the goals should only be changed by the State following consultation with the Indian tribal representative and the contractor and only after good faith efforts to achieve the original goals. Sanctions for failure to meet the employment goals should be determined in advance and be made a part of the contract to facilitate enforcement.

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