Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

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TERO Act

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

Page 1 of 30

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Index

Section 01

Section 02

Section 03

Section 04

Page 3

Page 4

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Title

Findings and Purpose

Definitions

Establishment of Pawnee Nation

Tribal Employment Rights Office

Director Authority

Pawnee Nation Tribal Employment

Rights Commission

Regulations; Promulgation

Indian Preference in Employment

Tribal Minimum or Prevailing Wage

Contracting Tier System

Indian Preference in Contracting

Certification of Entities as an “NativeOwned Firm”

Recertification

Decertification

Solicitation Process

Indian Preference: Hiring Regulations

Training

Hiring Hall

Job Qualifications

Religious Freedom

Compliance of Act by Unions

Employment Rights Fee

Reporting and On-site Inspections

Complaints

Investigations

Investigatory Powers of Director and

Commission

Enforcement

Appeals

Confiscation and Sale

Orders to Police

Publication of Law

Compliance Plan

Applicability

Severability

Section 35

Section 36

Section 37

Section 38

Effective Date

Oil and Gas Activities

Liaison Officers

Non Compliance Fines

Page 25

Page 26

Page 27

Section 05

Section 06

Section 07

Section 08

Section 09

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

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Supersedes: August 22, 2012

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Pawnee Nation of Oklahoma

LAW (ACT) NO. 95-49

AN ACT AMENDING THE CODE OF LAWS OF THE PAWNEE NATION OF OKLAHOMA

TO ADD A NEW CHAPTER ENTITLED “PAWNEE NATION TRIBAL EMPLOYMENT

RIGHTS ACT”.

BE IT ENACTED BY THE BUSINESS COUNCIL OF THE PAWNEE NATION OF

OKLAHOMA THAT THE CODE OF LAWS OF THE PAWNEE NATION OF OKLAHOMA IS

HEREBY AMENDED TO ADD A NEW CHAPTER AS FOLLOWS:

PAWNEE NATION TRIBAL EMPLOYMENT RIGHTS ACT

Section 01. Title.

This law shall be entitled the “Pawnee Nation Tribal Employment Rights Act.”

Section 02. Findings and Purpose.

(a) Findings: The Business Council of the Pawnee Nation hereby make the following findings

regarding the need for and purpose of the Pawnee Nation Tribal Employment Rights Act:

1) Jobs, subcontracts and contracts in the private sector within the territorial jurisdiction

of the Pawnee Nation are important resources for Native American People must use

their rights to obtain their share of such opportunities as they become available.

2) Native Americans have unique and special employment, subcontract and contract

rights, including Congressional recognition of the power of Native American Tribes

to impose preferential requirements on the grounds that the exemption is consistent

with the federal government’s policy of encouraging Native American employment

and with the special legal position of Native Americans.

3) Native Americans are entitled to the protection of federal laws concerning prevention

of employment discrimination, and the Pawnee Nation can and should plan a role in

enforcement of such laws.

4) The Pawnee Nation has the inherent sovereign power to pass laws to implement and

enforce special employment rights on behalf of Native American; and The Business

Council of the Pawnee Nation recognizes that it is important to establish an

employment rights program and office in order to use the aforementioned laws and

powers to increase employment of Native workers.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(b) Purpose: The purpose of the Pawnee Nation Tribal Employment Rights Act is to assist in and

require the fair employment of Native Americans, to create employment and training

opportunities for members of the Pawnee Nation and other Native Americans, and to prevent

discrimination against Native Americans in the employment practices of employers who

are conducting business within the territorial jurisdiction of the Pawnee Nation of Oklahoma

as defined by Section 03 (t) herein.

Section 03. Definitions.

Terms contained in the Pawnee Nation Tribal Employment Rights Act shall be defined as follows:

(a) “Commerce” shall include all trade, traffic, distribution, communication, transportation,

provision of services, manufacturing, production, agricultural production, building,

maintenance, construction, banking, mining and energy production.

(b) “Commission” shall mean the Pawnee Nation Tribal Employment Rights Commission.

(d) “EEOC” shall mean the Equal Employment Opportunity Commission of the United States.

(e) “Employee” shall mean any employee, any applicant for employment, and any former

employee whose employment has ceased consequently for or in connection with a current

labor dispute or because of unfair labor practices. The term “employee” shall not include any

individual employed in the domestic services of any family or person at his/her home or any

individual employed by any other person who is not an employer as herein defined.

(f) “Covered Employee” shall mean any person, partnership, corporation, or other entity that

employs, for wages, two or more employees.

(g) “Employment Rights Office” shall mean the Pawnee Nation Tribal Employment Rights

Office (PNTERO).

(h) “Entity” means any person, partnership, corporation, joint venture, government, Government

Commercial Enterprise, or any other natural or artificial person or organization. The term

“entity” is intended to be as broad and encompassing as possible to ensure applicability to all

employment and contractual activities within the Pawnee Nation’s jurisdiction, and the term

shall be so interpreted by the Commission and the Courts.

(i) “Government Commercial Enterprise” means any activity by the Pawnee Nation or of the

state government that is not a traditional government function as defined by the Internal

Revenue Service.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(j) “Immediate family” means brother, sister, son, daughter, mother father, husband, wife,

stepbrother, stepsister, half-brother, half-sister, or bother, sister, son, daughter, mother, or

father by adoption.

(k) “Native American” means any member of a federally recognized Native Tribe.

(l) “Native American owned firm or entity” means any commercial, industrial, or other

business, which is owned by a Native American, provided that such Native American

ownership constitutes not less than fifty-one percent (51%) of the enterprise.

(m) “Native American resident(s)” means on land within the territorial jurisdiction of the Pawnee

Nation or shall mean any Native American person who has resided on lands within the

territorial jurisdiction of the Pawnee Nation for not less than sixty (60) days preceding the

initial date any contract for work on land within the territorial jurisdiction of the Pawnee

Nation or the initial date any employment offers are made by any employer permanently

located on lands within the territorial jurisdiction of the Pawnee Nation.

(n) “Local Native American” means any member of a federally recognized Tribe who resides

within the territorial jurisdiction of the Pawnee Nation.

(o) “Pawnee Nation” means the Pawnee Nation of Oklahoma.

(p) “Pawnee Nation Court” means the Tribal Court as defined in the Code of Laws of the

Pawnee Nation.

(q) “Pawnee Nation Police” means the Police Department as defined in the Code of Laws of the

Pawnee Nation.

(r) “Non-resident Native American” means any Native American who is not a resident Native as

defined by Section 03 (m) herein.

(s) “PNTERO” means the Pawnee Nation Tribal Employment Rights Office.

(t) “Territorial jurisdiction” means the property held in trust by the United States of America on

behalf of the Pawnee Nation of Oklahoma; property owned in free by the Pawnee Nation of

Oklahoma; restricted and trust allotments; and dependent Native American communities.

The territorial jurisdiction of the Pawnee Nation of Oklahoma shall also extend to all

property located outside said boundaries owned in fee by the Pawnee Nation or held in trust

by the United States on behalf of the Pawnee Nation.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(u) “Union” or “labor union” means any organization or agency with a collective bargaining

agreement with an employer.

Section 04. Establishment of the Pawnee Nation Tribal Employment Rights Office.

(a) The Pawnee Nation Tribal Employment Rights office (PNTERO) is hereby established and

provides supervisory authority over implementation of the Pawnee Nation Tribal

Employment Rights Act. The PNTERO shall be administered by a Director and shall report

personnel duties to the Pawnee Nation Executive Director to follow the HR and Fiscal

policies held by Pawnee Nation.

(b) The Pawnee Nation Tribal Employment Rights Commissioners will provide oversight of

PNTERO program, enterprises and/or business projects. The Director shall report to the

Commissioners.

Section 05. Director Authority.

The Director of the PNTERO shall have the authority to:

(a) Hire Staff; to include a PNTERO Compliance Officer/Equal Employment Opportunity

Officer and Administrative Assistant, both of whom report directly to the PNTERO Director.

(b) Expend funds appropriated by the Business Council and funds collected from employers as

provided herein.

the office subject to approval of the Pawnee Business Council.

(d) Administer the policies, powers, and duties prescribed in the Pawnee Nation Tribal

Employment Rights Act.

(e) Require employers to submit administrative, certified payrolls, and any other reports deem

necessary to take all actions related to the investigation process pursuant to the provisions of

Section 25 by the PNTERO Director for the fair and vigorous implementation of the Pawnee

Nation Tribal Employment Act.

(f) Establish programs subject to the Pawnee Business Council’s approval, in conjunction with

federal and tribal offices, to provide counseling and support to Native American workers, to

assist them in retaining employment. Employers shall be required to participate in and to

cooperate with such support and counseling programs.

(g) Enforce the provisions of the Pawnee Nation Tribal Employment Rights Act to include the

issuance of notices of non-compliance, notices of violations, and civil penalty consistent with

the act.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(h) Take other actions as are necessary for the fair and vigorous implementation of the Pawnee

Nation Tribal Employment Rights Act.

(i) Impose up to 100% Native American hiring goals and timetables specifying the number of

Natives the employer is hiring by craft, experience, education, and skill level.

(j) Require that employers operating a business within the jurisdiction of the Pawnee Nation to

establish or participate in such job-related training programs as deemed necessary to increase

the pool of Natives eligible for employment on the Pawnee Nation jurisdiction.

(k) Prohibit employers from using job qualification criteria or personnel requirements that

unreasonably bar Natives from employment with the jurisdiction of the Pawnee Nation.

(l) Enter into agreements with unions and others to ensure compliance with this Act; a

continued and progressive recruitment in apprenticeship, entrepreneurships and journeyman

level programs, such agreements will not constitute recognition or endorsement of any union.

(m) Require employers to give preference to certified Tribal and other Native American owned

businesses in the award of contracts and subcontracts.

(n) In conjunction with the Commissioners, a cause to shut down any operation where the

contractor or sub-contractor fails to comply with any provision of this Act.

(o) Upon proper consultation, shall implement any program deemed necessary to advance the

employment opportunities of Pawnee Members. This will consist of forming TERO work

groups to operate as small businesses or entrepreneurships within the community.

(p) Shall develop Tribal business entities and/or business enterprises.

(q) Submit required administrative reports to the Executive Director.

(r) Oversight of the PNTERO program shall be with the Pawnee Nation Commissioners.

Section 06. Pawnee Nation Tribal Employment Rights Commission

Establishment of Pawnee Nation Tribal Employment Rights Commission.

The Pawnee Nation Tribal Employment Rights Commission is hereby established.

Members.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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The Commission shall consist of up to five (5) no less than three (3) members that shall be

appointed by the President of the Pawnee Business Council subject to confirmation by the Pawnee

Business Council.

(a) TERMS OF OFFICE: The Commissioners are appointed to serve a (3) three-year term

ending on December 31st, after their third year of being on the Commission. The terms of

each Commissioner shall be staggered terms in relation to the other Commissioners. The

Pawnee Business Council shall have the authority to remove a commissioner for cause prior

to expiration date of the Commissioners term.

(b) ELECTIONS AND APPOINTMENTS: The Chairman, Vice Chairman, and the Secretary

shall be elected at the first Annual Board of Commissioners meeting. The elected officer

shall hold office for one (1) year or until their successors are elected and qualified. In the

case of absence or incapacity of both, the Chairman, Vice Chairman, the Secretary, and the

remaining Commissioners may elect an Acting Chairman to serve during the period of

absence or incapacity of the Chairman, the Vice Chairman and Secretary.

Employment Rights Commission of the Pawnee Tribe Board of Commissioners and shall be

the spokesperson to the Pawnee Business Council.

(d) VICE CHAIRMAN: The Vice Chairman shall preside at all meetings of the Pawnee Nation

Tribal Employments Right Commission. When the Chairman is not present, the Vice

Chairman shall resume responsibilities; and shall over-see Vendor Certification process.

(e) SECRETARY: The Secretary shall act as Recording Secretary at the Board of the

Commissioners meetings and to keep the records of the board meetings of Commissioners.

(f) REMOVAL: Any Commissioner shall have no more than three (3) unexcused absences. The

Chairman will submit a letter of recommendation to the Pawnee Business Council to be

removed from the Pawnee Nation’s Board of Commissioners.

(g) STIPENDS: Members of the Commission shall be entitled to receive stipend payments.

Qualifications.

(a) Any person who is a member of a federally recognized Tribe and 25 years of age or older is

eligible to serve as a Commissioner of the PNTERO, however, he/she is subject to the

following conditions:

(1) Person(s) seeking appointment shall be give preference to qualified Pawnee

Nation members; followed by other Tribal members.

(2) He/She must have capabilities to attend meetings either virtually, through

conference call, or in person.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(3) Not have been found guilty of any felony, or a misdemeanor involving controlled

substances or dishonesty, in any Tribal, State, or Federal Court within three (3)

years prior to seeking a term as a commissioner.

(b) Duties. The Commission has the full power, jurisdiction and authority to:

(1) Formulate, adopt, amend, and rescind rules, regulations and guidelines necessary

to carry out the provisions of this Act pursuant to the provisions of Section 07

herein.

(2) Administer oaths, conduct hearings, and by subpoena, to require witnesses to

attend hearings and to produce such records and other documents as deemed

necessary by the Commission to fully ascertain facts related to hearings.

(3) Review and issue rulings and orders pertaining to appeals of decisions of the

PNTERO aggrieved parties.

(4) To examine, under oath, either orally or in writing, any person with respect to any

matter related to this Act.

(5) Petition the Pawnee Nation’s Tribal Court for orders as necessary and appropriate

to enforce the decisions of the Commission or Director and any sanctions

imposed by them.

(6) To exercise all other authority delegated to or conferred upon it by law, or as

reasonably necessary in the administration or enforcement of any provisions of

the Pawnee Nation Tribal Employment Rights Act.

(7) Shall receive, from the Director, to obtain all reports necessary for the discharge

of its duties as provided for in these sections.

(8) The Commission shall not have direct personnel authority over the PNTERO

Director but shall have authority in operations and functions of the PNTERO

program.

Section 07. Regulations; Promulgation.

The Commission, assisted by the PNTERO, shall promulgate any rules and regulations necessary for

implementation of the Pawnee Nation Tribal Employment Rights Act and consistent with the

provisions of said Act and other applicable laws of Pawnee Nation, provided that the Pawnee Nation

Tribal Employment Rights Commission approves said rules and regulations. The Commission shall

insure that all rules, regulations, and guidelines that are issued provide notice to the public and

further that all rules, regulations, and guidelines accord affected parties’ rights to due process of law.

Except in cases where the Commission has determined that an emergency situation exists, the

Commission shall follow the minimal procedures in issuing all rules, regulations, and guidelines:

(a) Notice of Proposed Regulations. All proposed rules, regulations, and guidelines shall be sent

to the Pawnee Business Council for approval after the comment period has closed, all

proposed rules, regulations, and guidelines shall be posted in at least two (2) public places

within the territorial jurisdiction of the Pawnee Nation, and shall be maintained in the

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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PNTERO and made available for public inspection for not less than twenty (20) business

days from the date the notice was mailed to the Pawnee Business Council.

(b) Comment Period. The Pawnee Nation Tribal Employment Rights Commission shall accept

comments from any interested parties during the twenty (20) business day notice period

required in Section 07 (a) herein.

approve final rules, regulations and guidelines following the comment period, after

reviewing any comments made. The preamble to such final rules, regulations and guidelines

shall state the major issues raised by comments, if any.

(d) Effective Date of Regulations. Following Commission approval of the final rules, regulations

and guidelines, said rules, regulations and guidelines shall be posed in a public place within

the territorial jurisdiction of the Pawnee Nation, and shall be placed in a file in the PNTERO,

which shall be open to public inspection.

Section 08. Indian Preference in Employment.

All covered employers, for all employment occurring within the territorial jurisdiction of the Pawnee

Nation, are hereby required to give “Indian Preference” to qualified Native Americans, in all hiring,

promotion, training, pay, benefits, and other terms and conditions of employment. Employers shall

comply with all rules, regulations, and guidelines applicable to Indian preference and approved by

the Pawnee Nation Tribal Employment Rights Commission. The Indian Preference law requirements

contained herein shall apply to all direct employment by the Pawnee Nation or by federal, state, or

other governments or their subdivision. It also shall apply to all contractors or grantees of such

governments and to all Pawnee Nation’s enterprises and to all commercial enterprises operated by

such government.

Order of Preference: The following employment preference is established.

(a) In General: Whenever an employer or union would be required by any provision in this Act

to give preference in hiring or contracting, such preference shall be given to the following

persons in the following enumerated order:

(1) Members of the Pawnee Nation.

(2) Native American and non-native Spouses of members of the Pawnee Nation who

contribute to the support of a Pawnee Nation Household.

(3) Other Native Americans.

(b) Exception: When prohibited by applicable Federal law, the above order of preference set out

in subsection 08 (a) shall not apply. In such cases, preference shall be given in the following

enumerated order:

(1) Native Americans who are local residents

(2) Other Native Americans

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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promotion, training, and all other aspects of employment, contracting, or subcontracting, and

must comply with the Act, rules, regulations and orders of the PNTERO.

(d) The Foregoing preferences shall also be applied in reverse order to any layoffs or reductionsin-force so that enrolled Pawnee Nation members and other Native Americans are retained in

positions of employment to the extent practicable.

(e) All Construction Contractors shall compensate Tribal/Native American workers at a rate

consistent with the wages paid to their non-Native employees performing the same jobs.

(f) Construction Contractors, who are a signatory to a Construction Trade Union, shall pay at

the current pay scale and compensation of that Union.

(g) Tribally determined wage rates and/or Davis Bacon wage rates shall be paid when required

by Tribal or federal law.

(h) If any entities stated in Section 08 narrative is in non-compliance, see Section 38. NonCompliance Fines shall be applied.

(i) Students: Employers shall be given Native American students preferential consideration for

summer student employment. The Employer shall make every effort to promote after-school,

summer and vacation employment for Native American students.

Section 09. Tribal Minimum or Prevailing Wage.

(a) The Director may promulgate a Tribal Minimum Wage or Prevailing Wage as provided in

this Section. Such Tribal Minimum or Prevailing wage shall only apply to Employers subject

to this Act. A Tribal Minimum or Prevailing Wage established under this subsection may be

included in a Compliance Plan pursuant to Section 06.01 of this Act.

(b) Definitions. For purposes of this Section, the terms “Minimum Wage” and “Prevailing

Wage” are defined as follows:

(1) Minimum Wage-Shall mean the lowest wage that the Employer can pay any

employee. The Minimum Wage shall not be less than the federal minimum wage.

(2) Prevailing Wage-Shall mean the lowest wage that an Employer can pay any

employee by trade, skill, education, or craft. A Prevailing Wage need not limit or put

a cap on all employees in a particular setting.

following factors may be taken into consideration:

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(1) The prevailing wage for each job classification in the Oklahoma and Pawnee

Nation wage classifications.

(2) The prevailing wages established by other Oklahoma Native Tribes.

(3) The number of Native Americans living on or near PNTERO jurisdiction lands

with the craft, experience, education, or trade skills.

(4) The unemployment rate of Natives living on or near PNTERO jurisdiction landsespecially the unemployment rate for the craft, experience, education, or trade

skill.

(5) Local labor and market conditions.

(6) The potential impact of the prevailing wage to attract businesses or Construction

Employers to do business on PNTERO jurisdiction lands.

(d) The draft Minimum or Prevailing Wage shall be published with notice of the comment

opportunity and comment deadline date and distributed to all Tribal governmental

departments, enterprises and to persons or entities that may be impacted by such a proposal

for review and comment. The record shall be kept open for at least thirty (30) business days

to permit comments to be submitted.

Section 10. contracting Tier System.

In keeping with the purpose set forth in this Act, the PNTERO establishes a Tier System for the

awarding of construction contracts subject to its jurisdiction.

(a) Tier 1: Certified Pawnee Business who submits a bid where 50% or more of the bid amount

is for work to be performed by the Pawnee Business certified by TERO

(b) Tier 2: Certified Pawnee Businesses.

or more of the bid amount is for work that will be performed by Pawnee Owned Businesses

certified by TERO.

(d) Tier 4: Native American owned business certified by TERO.

(e) Tier 5: Non-Native owned business who submits a bid where 50% or more of the work will

be performed by Pawnee owned business certified by TERO.

Awards covered employers who engage in prohibited activities or otherwise violate this Act may be

subject to penalties described in the Act to include notice of violations and fines. Prohibited

behavior includes, but is not limited to:

(a) Submitting false or fraudulent information to PNTERO.

(b) Preventing or interfering with covered employer’s compliance with this Act.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Section. 11 Indian Preference in Contracting.

All entities awarding contracts or subcontracts for supplies, services, labor and materials in an

amount of $5,000 or more where the majority of the work on the contract or subcontract will occur

within the territorial jurisdiction of the Pawnee Nation, shall give preference in contracting and

subcontracting to qualified entities that are certified by the commission as fifty-one percent (51%) or

more Native-owned and controlled, with a first preference to the qualified entities. The requirements

of Section 10 herein shall be applied to the awards of contracts directly by the Pawnee Nation, by

the federal or state government or their subdivisions, but also apply to any contracts awarded by the

commercial enterprises of the Pawnee Nation such as TDC, even if said contracts must be submitted

to the Pawnee Nation’s Business Council for approval. Tribal programs or divisions other than

commercial enterprises shall be required to comply with these requirements but shall also be

required when submitting a contract to the Pawnee Nation’s Business Council for approval to

indicate, as part of submission to the Council, the steps taken to award the contract to a local Native

American contractor. The requirements of Section 08 herein shall apply to all subcontractors

whether or not the prime contract was subject to these requirements. All covered entities shall

comply with the rules, regulations, guidelines and orders of the commission, which is set for the

specific obligation of such entities in regard to Indian preference in contracting subcontracting. The

Commission shall establish a system for certifying firms as Indian preference and local Native

preference eligible. If any said entities are not in compliance with this Act shall be subject to fines,

see Section 38 shall be applied.

Section 12. Certification of Entities as an “Native-Owned Firm”

(a) Any entity which seeks certification as an “Native-Owned Firm” eligible for the

preferences provided under this Act shall submit to the PNTERO an application for

certifications as an Native-Owned Firm on a form established by the Commission to

determine whether the entity meets the criteria for certification set out in Section 10 herein.

In addition, an entity which seeks certification as a Native-Owned firm eligible for the

preferences provided under this Act, shall submit a new application or renewal application

annually.

(b) Any entity seeking certification shall include with the application a non-refundable

application fee of $500.00 payable by check to the Pawnee Nation of Oklahoma. In addition,

all renewal applications shall include a non-refundable renewal application free of $250.00

payable by check to the Pawnee Nation of Oklahoma. All funds to be deposited into the

Pawnee Nation general fund account.

than the time that the entity submits a bid on a project that is subject to bidding, and a copy

of the application with the supporting documentation, including the application fee, shall also

accompany the bid. If the contract is not subject to bid procedures, an application for

certification as a Native-Owned firm shall be submitted to the PNTERO before any contact

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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will be made with the entity, and entities are encouraged to submit their applications as early

a date as practicable.

(d) Documentation will be required to establish eligibility for certification as a Native-Owned

firm. The failure to provide valid documentation will result in a decision denying

certification of the entity. Documentation required shall include, but are not necessarily

limited to:

(1) Proof of enrollment/membership with a federally recognized Tribe, Nation, or

Band, including Alaskan Native Villages, communities and corporations.

(2) Proof of ownership of the business with at least 51% Native Ownership and proof

that the Native owner exercises majority control of the business and is

substantially involved in the day-to-day management and operations.

(3) The Native owner(s) must establish that they provide real value for the stated

ownership interests by providing legal documents such as stock ownership,

capital, assets, structure, management, control, financing and salary

commensurate with the value of their ownership share.

(4) The Native owner(s) will receive a percentage of all profits equal to their

ownership interest. Any provision that give a non-Native owner a greater share of

the profits, such as but not limited to; management fees, equipment rental fees or

bonuses will result in decertification.

(5) Business license certifications, business structure documents (sole proprietor,

partnerships, incorporations, LLC), insurance and bonding capabilities.

(6) Business Plan that includes proof of the experience and staff expertise in the

specific field, projected financials and references.

(7) Portfolio that includes proof of the experience and staff expertise in the specific

filed listed, resume of jobs completed and references.

(8) Any additional licensing documentation specific for the service provided.

(9) When applicable, proof of certification as a Native-Owned Business by another

entity or organization along with a signed release of information to access records

and the review process; and

(10) Any other documentation or pertinent information required by PNTERO.

Applicants missing documents from this subsection shall submit written

justification for those missing items.

(e) PNTERO Vice Chairman shall have sole discretion in determining the legitimacy of

submitted documentation. PNTERO Vice Chairman reserves the right to exempt any

documentation requirement if deemed not necessary for the type of service provided.

(f) The PNTERO shall maintain a list of Certified Pawnee owned and Native owned businesses

which will be supplied to the covered employers for their use.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Section 13. Recertification

Certified Native Owned Business must be recertified every two (2) years. Businesses wishing to

maintain their status as a Certified Native Owned Business will need to submit all documentation as

required in Section 12 at least ninety (90) business days prior to their two-year anniversary to allow

adequate time for the recertification review and prevent a lapse in status.

Section 14. Decertification

(a) Certified Native Owned Business nay be de-certified at any time for any one or more of the

following:

(1) Failure to meet the requirements of Section 12 of this Act.

(2) Failure to notify PNTERO in writing of changes in ownership, operation and/or

control status within thirty (30) business days after the change(s) have occurred.

(3) Participation in illegal or prohibited activities; or

(4) Subject to disciplinary action in another jurisdiction.

(b) A business de-certified by PNTERO is banned from reapplying for Native Owned Business

Certification for two (2) years if it was banned for any reason except failure to recertify in

time.

Section 15. Solicitation Process

(a) Native Owned Businesses shall be given preference as provided in this Act in any

procurement process permitted under Fiscal Management Policies applicable to an

Employer adopted by the Board of Trustees and, for all other Employers, or any other

competitive solicitation or bid process that the Employer may use. An Employer shall be

authorized to use standard evaluation tools to determine if a Native Owned Business has

the experience, expertise, personnel and resources to provide goods or services on the

schedule needed by that Employer. If a Native Owned Business is qualified and timely

submits a responsive bid, that Native Owned Business shall receive the preference set forth

in this Act.

(b) Any responsive and qualified Native Owned Business that timely bids on a project and is

not the lowest responsive and qualified bid will be awarded the contract if their bid is

within the applicable percentages of the lowest non-Native bidder. In the event of multiple

responsive and qualified Native Owned Business bids, the lowest and most qualified will

be awarded the contract. Applicable percentages are as follows, Contract Price Added

Bidding Value:

(1) Less than $100,000: 10% of the lowest bid or a maximum of $9,000.

(2) At least $100,000 but less than $250,000: 8% of the lowest bid or a maximum of

$20,000.

(3) At least $250,000 but less than $500,000: 6% of the lowest bid or a maximum of

$30,000.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(4) At least $500,000 but less than $1 million: 5% of the lowest bid or a maximum of

$45,000.

(5) At least $1 million but less than $5 million: 3% of the lowest bid or a maximum

of $150,000.

(6) At least $5 million but less than $10 million: 2% of the lowest bid or a maximum

of $200,000; and

(7) $10 million or more: 1% of the lowest bid, with no dollar limit.

sole responsive bidder or rejecting all bids.

(d) Employers are responsible for enforcing the solicitation process.

Section 16. Indian Preference: Hiring Regulations.

The PNTERO may promulgate regulations that impose numerical hiring goals and timetables that

specify the minimum number of Natives an employer must hire, by craft, skill level, experience, and

education or which establishes percentage-hiring goals for specified employment fields. All

employers must adhere to the Indian Preference Law being regulated by Pawnee Nation Tribal

Employment Rights Act.

Section 17. Training.

Employers, subject to the provisions of the Pawnee Nation Tribal Employment Rights Act herein,

shall establish or participate in such training programs, as the Commission deems necessary to

increase the pool of Natives eligible for employment within or outside the territorial jurisdiction of

the Pawnee Nation.

Section 18. Hiring Hall.

The PNTERO is authorized to establish a hiring hall or skills bank and impose a requirement that

no covered employer may hire a non-Native until the PNTERO hiring hall or bank has certified

that no qualified Natives are not available to fill the vacancy, with first preference in referral to

Natives. The PNTERO shall establish and administer a Tribal hiring hall to assist the employers

in placing preferred (Natives) employees in job positions. An employer may recruit and hire

workers from whatever sources are available to them to achieve the same preference hiring goals

but is required to inform the PNTERO. The employer may not employ a non-local Native or nonNative until the employer has given the PNTERO 72 hours to locate and refer a qualified Native,

whenever an opening is available.

Section 19. Job Qualifications.

No employer subject to the provisions of the Pawnee Nation Tribal Employment Rights Act shall

use job qualification criteria or other personnel requirements that serve as barriers to Native

employment as a reason for non-compliance with Indian preference law, unless the employer can

demonstrate that such criteria or requirements are required by business necessity.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Section 20. Religious Freedom.

Employers shall make a reasonable accommodation to the religious beliefs of Native workers in

accordance with Pawnee Nation’s HR Policy and Procedures.

Section 21. Compliance of Act by Unions.

An employer, contractor or subcontractor having a collective bargaining agreement with one or

more labor unions must obtain written agreement from said unions indicating that they will comply

with this Act, and the rules, regulations, and orders of the PNTERO. Until such agreement is filed

with the PNTERO, the employer may not commence work within the territorial jurisdiction of the

Pawnee Nation of Oklahoma. Every union agreement with an employer must be filed with the

PNTERO and:

(a) No person shall be required, as a condition of employment or continuation of

employment, to:

(1) Resign or refrain from voluntary membership in, voluntary affiliation with, or

voluntary financial support of a labor union,

(2) Become or remain a member of a labor union,

(3) Pay dues, fees, assessments, or other charges of any kind or amount to a labor

union,

(4) Be recommended, approved, referred, or cleared by or through a labor union.

(b) It shall be unlawful to deduct from the wages, earnings, or compensation of an

employee any union dues, fees, assessments, or other charges to be held for, transferred

to, or paid over to a labor union unless the employee has first authorized such

deduction.

the employer and PNTERO.

(d) Any person sustaining injury because of any violation or threatened violation of the

provisions of this section shall be entitled to injunctive relief against any and all violators

or persons threatening violation.

(e) In cooperation with the PNTERO and the Union, in all respects and assist in the compliance

with, and enforcement of, this Act and related regulations and agreement.

(f) Training Programs shall be established by the Union apprenticeship programs such as

journeyman upgrade and advanced apprenticeship programs.

(g) Recognition of Unions: Nothing herein or any activity by the Commission authorized

hereby shall constitute official Tribal recognition of any Union or Tribal endorsement of

any Union activities within the Pawnee Nation of Oklahoma. No Union activities shall take

place without prior approval by the Pawnee Nation Business Council.

(h) No Waiver of Sovereign Immunity: Nothing in this Act is a waiver of the Pawnee Nation

of Oklahoma sovereign immunity as against any person, agency, or governmental entity

including, but not limited to, the Federal Office of Contract Compliance. Nothing in this

Act is a “consent to be sued” as defined by the Pawnee Nation Tribal Codes.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Section 22. Employment Rights Fee.

An Employment Rights Fee is necessary to raise revenue for the operation of the PNTERO and is

hereby authorized to be imposed by the Employment Rights Office.

(a) Every covered employer or entity with a construction contract, oil and gas contract, or a

cattle processing facility in the sum of $1,000 or more shall pay a fee of the total amount

of the contract i.e., equipment, labor, materials and operations, and any increase of the

contract/project or sub- contract amount. If the employer or entity initially enters into a

contract/project or subcontract of less than $1,000 but subsequently increases costs to

$1,000 or more the fee shall apply to the total amount including increases. The employer or

entity, prior to commencing work in the Pawnee Nation’s territorial jurisdiction, shall pay

such fee. However, where good cause is shown, the Director may authorize a construction

contractor to pay said fee in installments over the course of the contract.

(b) The fee rates for projects costs are as follows:

(1)

$0 – $1,000:

n/a

(2)

$1,001 – $99,999

(3)

$100,000 – $999,999

(4)

$1,000,000 – $9,999,999

(5)

$10,000,000 – $15,000,000

(6)

$15,000,000+

PNTERO jurisdiction lands.

(d) The Director has the authority to negotiate alternative compliance fees of projects that

partially overlap PNTERO jurisdiction lands per a memorandum of understanding

(MOU). All MOU’s are subject to approval by the TERO Director and TERO

Commissioners, with final approval and implementation coming from the Pawnee

Business Council.

(e) Any construction projects utilizing Pawnee Nation funds shall not be assessed any fee.

However, Tribal projects shall be required to maintain a compliance plan with the

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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PNTERO. Federal funds being administered by Pawnee Nation shall be assessed fees and

follow the compliance plan.

(f) Every covered employer or entity, other than construction contractors, with five (5) or

more employees working within the Pawnee Nation’s territorial jurisdiction with gross

sales of $1,000 or more shall pay a quarterly fee of 5% of the employee’s quarterly

payroll which shall be paid within 30 days after the end of each quarter. This fee shall not

apply to education, health, governmental, or non-profit employers or to utilities

franchised by the Pawnee Nation.

(g) PNTERO shall collect the fee and shall provide for an efficient and orderly fee collection

process.

Section 23. Reporting and On-Site Inspections.

Employers shall submit reports and other information requested by the TERO Director. The

Director and its representative shall have the right to make on-site inspections at any time to

monitor any employer’s compliance plan with the Pawnee Nation Employment Rights Act and

rules, regulations and orders of the PNTERO. The Director shall have the right to inspect and

copy all relevant records of any employer, or any signatory union or subcontractor, and shall have

a right to speak to workers and conduct investigations on job sites.

Section 24. Complaints.

(a) Parties Entitled to File Complaints. The following shall have a right to file a complaint

with the PNTERO:

(1) Director. If the Director has cause to believe that an employer, contractor,

subcontractor, or union has failed to comply with the Pawnee Nation Tribal

Employment Rights Act or any rules, regulations or orders of the commission, the

Director may file a complaint for the employee and notify such party/entity of the

alleged violations and begin the investigation process in pursuant to Section 25 and

26.

(2) Individual Native. If any Native believes that an employer has failed to comply

with the Pawnee Nation Tribal Employment Rights Act or rules, regulations or

orders of the Commission, or believes he/she has been discriminated against by an

employer because he/she is a Native or their employment rights have been

violated, he/she may file a complaint with the Director within seventy-two (72)

hours specifying the alleged violation. If any employer fires, lays off, or penalizes

in retaliation to the Native employee for utilizing the individual complaint

procedure, or any other rights provided herein, the employer shall be subject to the

penalties provided in Section 27 herein.

(3) Employer or Union Complaint Procedure. If an employer or union believes that

any provision of the Pawnee Nation Tribal Employment Rights Act or any rules,

regulations or orders of the Commission is illegal or erroneous, it may file a

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Supersedes: August 22, 2012

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complaint with the Commission specifying the alleged illegality or error.

Section 25. Investigations.

(a) Investigation Deadline. The Director shall, within five (5) business days of the date on

which a complaint is filed, complete an investigation of every complaint unless the

Director requests and is granted an extension by the Commissioners, which shall be for

no more than ten (10) business days.

(b) Investigatory Authority of Directory. The Director or the designee may enter, during

business hours, the place of business or employment of any employer for the purpose of

such investigations and may require the covered employer or entity to submit such reports

as he/she deems necessary to monitor compliance with the requirements of Section 08

herein and any rule or order hereunder. When requesting any reports or other information

from a covered employer, the Director shall request that the covered employer identify all

material which contains trade secrets or privileged or confidential commercial, financial,

or employment information. Any material so identified shall be kept confidential by the

Director unless, on the request of the Director or other interested party, the Commissioners

determines that the material does not contain confidential information, the release of

which would cause unnecessary or excessive business or financial injury or would invade

individual privacy. If upon investigation, the Director has reason to believe a violation has

occurred, he/she shall proceed pursuant to provisions of Section 27 herein.

Section 26. Investigatory Powers of Director and Commission.

(a) Power to Require Testimony and Production of Records. For the purpose of investigations

or hearings which, in the opinion of the Director or the Commission, are necessary and

proper for the enforcement of the Pawnee Nation Tribal Employment Rights Act herein, a

Commissioner, the Director, or any field compliance officer designated by the Director

may administer oaths or affirmations, subpoena witnesses, take evidence, and require, by

citation, the production of books, papers, contracts, agreements, or other documents,

records, or information which the Director or the Commission deems relevant material to

the inquiry.

(b) Confidentiality of Records.

Any state or federal tax records, trade secrets, or privileged or confidential commercial,

financial, employment information subpoenaed pursuant to this section or used in a

compliance hearing or subsequent appeal to the Pawnee Nation’s District Court, shall be

confidential records of the Commission, shall not be opened to public inspection, and shall

be used only by the Director, the Commission, parties to a compliance hearing or

subsequent appeal to the Pawnee Nation’s District Court.

Any Party found to have breached confidentiality, as required by the Act, may be subject

to discipline and will be considered as having acted outside their scope of responsibilities

and as such, may be personally liable for the release of information.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Section 27. Enforcement.

(a) Notification of Violation. When, after conducting an investigation, initiated by a

complaint pursuant to Section 24 herein, the Director has reason to believe a violation of

the Pawnee Nation Tribal Employment Rights Act herein or regulations issued pursuant to

it has occurred, the Director shall notify the covered employer or entity in writing

specifying the alleged violations. The Director may withhold the names(s) of the

complaining party if he/she has reason to believe such party shall be subject to retaliation.

The Director shall seek to achieve an informal settlement of the alleged violation. If he/she

is unable to do so, he/she shall issue a formal notice of non-compliance, which shall also

advise the covered employer or entity of his/her right to request a hearing.

(b) Formal Notice of Non-Compliance. The formal notice shall set out the notice of the

alleged violation and the steps that must be taken to come into compliance. It shall provide

the employer or entity with a reasonable time to comply, which in no event shall be less

than five (5) business days from the date of receipt of such notice, unless the Director has

reason to believe irreparable harm will occur during that period, in which case the Director

may require that compliance occur within fewer than five (5) business days.

hearing before the Commission which shall be held no sooner than five (5) business days

and no later than thirty (30) business days after the date for compliance set forth in the

Director’s notification to the party charged of a violation, unless an expedited hearing is

deemed necessary by the Commission to avoid irreparable harm. If a party fails or refuses

to comply and does not request a hearing, the Commission may proceed pursuant to

Section 29 and Section 38 herein.

(d) Bond During Pendency of Proceedings. If the party request a hearing pursuant to Section

27 (c) herein, and the Director has good cause to believe there is a danger to the party

requesting the hearing will remove itself or its property from the jurisdiction of the

Pawnee Nation prior to the hearing, he/she may, in their discretion, require the party to

post a bond with the Commission in an amount sufficient to cover possible monetary

damages that may be assessed against the party at the hearing. If the party fails or refuses

to post said bond, the Commission may proceed pursuant to Section 27 (f). The Director

may also petition the Pawnee Nation’s District Court for such interim and injunctive relief

as is appropriate to protect the rights of the Commission and other parties during the

pendency of the complaint and hearing proceedings.

(e) Conduct of Hearings. Any hearing held pursuant to Section 27 herein shall be conducted

by the Commission. Hearings shall be governed by the following rules or procedures:

(1) All parties may present testimony of witnesses and other evidence.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(2) The Commission may have the advice and assistance at the hearing of counsel

provided by the Pawnee Nation unless the Pawnee Nation is the entity during this

process which reflects as conflict of interest.

(3) The Chairman of the Commission or the Vice-Chairman shall preside, and the

Commission shall proceed to ascertain the facts in a reasonable and orderly

fashion.

(4) The Commission may consider any evidence, which it deems relevant to the

hearing and conduct of the hearing shall be governed by the rules of practice and

procedure that may be adopted by the Commission.

(5) The Commission shall not be bound by technical rules of evidence in the conduct

of hearings, and no informality in any proceeding, as in the manner of taking

testimony, shall invalidate an order, decision, rule or regulation made, approved or

confirmed by the Commission.

(6) The hearing may be adjourned, postponed, and continued at the discretion of the

Commission.

(7) At the final close of the hearing, the Commission may take immediate action or

take the matter under advisement.

(8) In any hearing before the Commission where the issue is in compliancy by an

employer with any of the requirements and provisions of the Pawnee Nation Tribal

Employment Rights Act, the burden of proof shall be on the employer, rather than

on the employee or other complainant to show said compliance.

(9) The PNTERO shall notify all parties within thirty (30) business days after the last

hearing of its decision in the matter.

(10)

No stenographic record of the proceedings and testimony shall be required

except upon arrangement by, and at the cost of the party charged.

(f) Remedies Upon Commission Determination. If, after the hearing, the Commission

determines that the alleged violation occurred and that the party charged has no adequate

defense in law or fact, or if no hearing is requested, the Commission may:

(1) Deny such party the right to commence business within the territorial jurisdiction

of the Pawnee Nation.

(2) Suspend such party’s operation within the territorial jurisdiction of the Pawnee

Nation.

(3) Terminate the party within the territorial jurisdiction of the Pawnee Nation.

(4) Deny the right to such party to conduct any further business within the territorial

jurisdiction of the Pawnee Nation.

(5) Impose a sanction on such party in an amount to be determined on a case by case

basis by the Commission for each violation, provided that each day during which a

violation exists shall constitute a separate violation.

(6) Order such party to dismiss/terminate any employee in violation of the Pawnee

Nation Tribal Employment Rights Act, requirements and regulations set forth by

the Commissioners.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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(7) Require employment promotion and training of Natives impaired by the violation.

(8) Order the party to take such action as in necessary to ensure compliance with the

Code of Laws of the Pawnee Nation or to remedy any harm caused by a violation

of said chapter, consistent with the requirements of the Indian Civil Rights Act, 25

U.S.C 1301 et seq.

(g) Commission Decision: Protection.

The Commission’s decision shall be in writing and shall be served on the charged party by

registered mail or in person no later than thirty (30) business days after the close of the

hearing provided in Section 27 (e). The decision shall consist of the following parts, in the

following order:

(1) The facts as found to be true by the Commission,

(2) The finding of violation or no violation on each charge along with the legal

factual basis for the finding,

(3) The orders of sanctions imposed, if any,

(4) Information on rights to appeal,

(5) Information on the authority of the Commission to act if the party fails to comply

with its orders or fail to appeal; and,

(6) The injunctive or bonding requirements, if any, that the Commission will seek

from the court pending the completion of the appeal if an appeal is filed.

Where the party’s failure to comply with he Commission’s orders within seventy two (72) hours of

the date of the letter may cause irreparable harm, the Commission may move the Pawnee Nation’s

District Court to grant such injunctive relief as necessary to preserve the rights of the beneficiaries

of the Pawnee Nation Tribal Employment Rights Act herein, pending the party’s appeal or

expiration of the time for appeal in pursuant of Section 28 (a).

Section 28. Appeals.

(a) Manner of Taking Appeal. Any party adversely affected thereby may take an appeal to the

Pawnee Nation’s District Court from any final order of the Commission. Said appeal must be

filed with the Pawnee Nation’s District Court no later than twenty (20) business days after

the party receives a copy of the Commission’s decision. The appeal shall be taken by serving

written notice of appeal with the Pawnee Nation’s District Court, with a copy to the Director,

within twenty (20) business days after the date of the entry of the order. The notice of appeal

shall set forth the order from which appeal is taken; specify the grounds upon which reversal

or modification of the order is sought; and is signed by the appellant.

(b) Stay of Commission Order Pending Appeal, Bond. The order of the Commission shall be

stayed pending the determination of the Pawnee Nation’s District Court, provided that such

stay may be conditioned upon the posting of a bond if the Director petitions for a bond, for

good cause shown, orders the appealing party to post bond sufficient to cover monetary

damages that the Commission assessed against the party or to assure the party’s compliance

with other sanctions or remedial actions imposed by the Commission’s order if that order is

upheld by Pawnee Nation’s District Court.

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Supersedes: August 22, 2012

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arbitrary, capricious or in excess of the authority of the Commission with the Pawnee

Nation’s District Court.

(d) Reversal on Appeal. If the order of the Commission is reversed or modified, the Pawnee

Nation’s District Court shall by its mandate specifically direct the commission as to further

action in the matter, including making and entering any order or orders in connection

therewith and the limitations, or conditions to be contained therein.

(e) Enforcement of Commission Order. If the Commission’s order is upheld on appeal, or if no

appeal is sought within twenty (20) business days from the date of the party’s receipt of the

Commission’s order, the Commission shall petition to the Court and the Court shall grant

such orders as are necessary and appropriate to enforce the orders of the Commission and the

sanctions imposed by it.

Section 29. Confiscation and Sale.

If twenty-one (21) business days after a decision by the Commission pursuant to Section 27 (f), no

appeal has been filed, or thirty (30) business days after a decision by the Court on an appeal from a

decision by the Commission pursuant to Section 28 (e), a party has failed to pay monetary damages

imposed on it or otherwise complied with an order of the Commission or the Court, the Commission

may petition the Court to order the Nation’s Police to confiscate, and hold for sale, such property of

the party as is necessary to ensure payment of said monetary or to otherwise achieve compliance.

Said petition shall be accompanied by a list of property belonging to the party which the Commission

has reason to believe is within the jurisdiction of the Nation’s District Court, the value of which

approximates the amount of monetary damages at issue. If the Court finds the petition to be valid, it

shall order the Pawnee Nation’s Police to confiscate and hold said property or as much available. The

Pawnee Nation’s Police shall deliver in person or by certified mail, a notice to the party informing it

of the confiscation and of its right to redeem said property by coming into compliance with the order

outstanding against it. If, thirty (30) business days after confiscation, the party has not come into

compliance, the Court shall order the police to sell said property and use the proceeds to pay any

outstanding monetary damages imposed by the Commission and all costs incurred by the Court and

the Police in the confiscation and sale. Any proceeds remaining shall be returned to the party.

Section 30. Orders to Police.

With approval from the Commissioners, the Pawnee Nation’s Police are hereby expressly authorized

and directed to enforce this Act as they would any other law of the Pawnee Nation, and they shall

have the power to stop any and all activities that are in violation of this Act as may be described by

the Director.

Section 31. Publication of Law.

(a) The Commission shall notify all covered employers of the Pawnee Nation Tribal

Employment Rights Act and their obligation to comply. All bid announcements issued by

any Tribal, Federal, State or other private or public entity shall contain statement that the

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successful bidder will be obligated to comply with the Pawnee Nation Tribal Employment

Rights Act and all rules, regulations and orders of the Commission.

(b) All Tribal agencies responsible for issuing business permits for activities within the

territorial jurisdiction of the Pawnee Nation of Oklahoma or otherwise engaged in activities

involving contact with prospective employers within the Pawnee Nation shall be responsible

for advising such prospective employers of their obligations under the Pawnee Nation Tribal

Employment Rights Act and the rules, regulations and orders of the Commission.

employer doing business within the territorial jurisdiction of the Pawnee Nation of

Oklahoma.

Section 32. Compliance Plan.

As of the effective date of the PNTERO Act, no new employer may do business with the Pawnee

Nation of Oklahoma until it has consulted with the PNTERO and has negotiated and signed a

Compliance Plan approved by the PNTERO Director prior to conducting of business for meeting its

obligations under this law. A compliance plan shall be used to monitor covered employer’s

compliance with this Act. Compliance plan requirements and goals may be tailored to the individual

circumstances of the construction contractor to maximize Native employment and Native owned

business in contracting. A compliance plan shall constitute a binding agreement; the terms of which

shall be fully enforceable by the PNTERO.

Failure to obtain or adhere to the terms of approved compliance plan, or knowingly supply false or

misleading information to the PNTERO shall be subject to the non-complying party to monetary

penalties of a $1,000.00 per violation, per day. If TERO client is not being utilized, the project shall

be shut down until all parts of the compliance plan is being utilized.

Construction contractors engaged in work without an approved compliance plan shall be required to

stop all work and fined $1,000 per day until an acceptable plan is agreed upon and submitted to the

PNTERO.

Section 33. Applicability.

The PNTERO Act shall be binding on all covered employers whether or not they have previously

operated on lands under the jurisdiction of the Pawnee Nation and whether or not they are doing so

at the time of the implementation of the Pawnee Nation Tribal Employment Rights Act.

Section 34. Severability.

If any portion of the Pawnee Nation Tribal Employment Rights Act shall be ruled invalid by the

Pawnee Nation District Court, that portion shall cease to be valid, but the remainder of the Act shall

continue in full force and effect.

Section 35. Effective Date.

The Pawnee Nation Tribal Employment Rights Act shall be effective from the date of its approval

by the Pawnee Nation Business Council.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Section 36. Oil and Gas Activities.

(a) Prior to beginning a new project on or near the Reservation, the Tribes request that an entity

engaged in activity is subject to Pawnee Nation Title XIII to notify PNTERO of its

intentions. PNTERO shall consult with all such entities to assist in carrying out the

contracting and subcontracting preference policy herein. For each such entity, PNTERO shall

ascertain what contracts and subcontracts the entity expects to allow based on the availability

of certified firms. PNTERO shall determine how many certified firms should be utilized for

the entity to honor the voluntary policy.

(b) PNTERO shall monitor all entities engaged in activity subject to Pawnee Nation Title XIII to

determine whether the policy of that title is being honored. Following appropriate

consultation and investigation, PNTERO shall issue certificates of compliance to entities

honoring the policy and certification of non-compliance to entities not honoring the policy.

Entities without good cause refusing PNTERO access to information is necessary to make

such determination shall be issued a certificate of non-compliance, see Section 37.

Nation Title XIII with copies of the list of certified entities maintained pursuant to this Act.

Section 37. Liaison Officers.

Requirement for liaison officers:

(a) Any covered entity engaged in;

(1) Geophysical exploration on trust land.

(2) Drilling for oil and gas on trust land; or

(3) Geophysical exploration or drilling for oil and gas on fee land where a rightof-way has.

(4) Been granted across trust land to facilitate the activity on fee land, shall

employ a liaison officer.

(b) Any covered entity constructing a road, power line, telephone line, water line, sewer line, or

oil or gas transportation line or other public utility:

(1) Across trust land.

(2) Across fee land if a right-of-way has been granted across trust land to

facilitate the construction, shall employ a Liaison Officer if the total cost

of the project is expected to exceed twenty thousand dollars ($20,000).

(1) On a geophysical project or project subject to Section 36 (b) and Pawnee

Nation Title XIII from the start of the project, ordinarily beginning with

the surveying, through the final inspection of the Tribes.

(2) On drilling for oil and gas from site preparation through completion, or

plugging and abandonment, of the well.

(d) Duties. The duties of the Liaison Officer shall be as follows:

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

Page 26 of 30

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(1) Act of liaison between the covered entity and the Pawnee Nation of

Oklahoma.

(2) Detour projects around Tribal historical sites to the extent feasible.

(3) Inspect the right-of-way or the permitted or leased area for the condition of

the land, live-stock, and fencing prior to the project’s start, during the

project and at the completion and final inspection of the project or

termination of the Liaison Officer’s duties as stated in Section 36 (c).

(4) Report all violations of land damage, fire, employee discrimination, and

PNTERO regulations and complaints to the proper authorities.

(5) File Director’s report to the Commissioners.

(e) Compensation. The Liaison Officer shall be paid by the covered entity according to a rate of

compensation established by the Director of PNTERO with the approval of the

Commissioners.

Section 38. Non-Compliance Fees.

A person(s) or entities is in non-compliance when said person(s) or entities goes against the Indian

Preference Act and/or is not following the Compliance Plan set forth in Section 3.2. If deemed noncompliant by the PNTERO, person(s) or entities shall be subject to fines set accordingly to

Commissioners. If there are more than three (3) offenses against person(s) and/or entities shall add

$500 to each total thereafter.

(1) First offense results in $500 fine.

(2) Second offense results in $1,000 fine.

(3) Third and subsequent shall be $1,500.

As amended in 2007 by Resolution #07-02. Section 16. (a) was

modified by Council action on March 24, 2010.

As Amended in 2012 by Resolution #12-33. Ordinance was

modified by Council action on August 22, 2012.

As amended in 2018 by Resolution #18-38. Ordinance was

modified by Council action on July 18, 2018.

As amended in 2020 by Resolution #20-76. Act was modified by

Council action on September 22, 2020.

Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

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Pawnee Nation Administrative Procedures Act Issue Date: September 22, 2020

Supersedes: August 22, 2012

Page 28 of 30

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Pawnee Nation Administrative Procedures Act Issue Date: July 17, 2018

Supersedes: August 22, 2012

Page 29 of 30

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.