To develop a workable and acceptable project Indian employment goals, the State should confer with tribal representatives during project development. In setting the goal, consideration should be given to the availability of skilled and unskilled Indian resources, the type of contract, and the potential employment requirements of the contractor in addition to its core-crew. Once established, the goal should only be changed by the State after consultation with the Indian tribal representative and the contractor and afterconsideration of good faith efforts to achieve the original goal. Sanctions for failure to meet the employment goal should be determined in advance and be made a part of the contract to facilitate enforcement. In the case of an Interstate highway, the terminus is the first interchange outside the reservation.
Indian preference is to be applied without regard to tribal affiliation or place of enrollment.
Indians already hired by a contractor should 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 to meet a preference goal. TERO - many tribes have established a tax which is applied to contracts for projects performed on the reservation. The proceeds are used by the tribes to fund job referral, counseling, liaison, and other services relating to the employment of Indians. It has been FHWA's longstanding policy to participate in State and local taxes which do not discriminate or otherwise single out Federal-aid highway construction contracts for special or different tax treatment.