5.05.050 Definitions.
“Contractor” means either a covered employer that is a utility company performing work within Yurok lands, or a covered employer who undertakes a contract or subcontract with the Tribe or a Tribal entity for supplies, services, labor, or materials where:
(1) The total contract amount exceeds:
(A) Five thousand dollars in the case of a construction contract, or
(B) Two thousand dollars in the case of a nonconstruction contract; and
(2) Either of the following two conditions are satisfied:
(A) The majority of the work under the contract or subcontract will occur on Yurok lands, or
(B) The work utilizes Tribal funds.
“Council” or “Tribal Council” means the Yurok Tribal Council.
“Covered employer” means:
(1) The Yurok Tribe and Tribal entities, including but not limited to Yurok Indian Housing Authority, the Yurok Economic Development Corporation, the Redwood Hotel Casino, and Kee-Cha-E-Nar for any project utilizing Tribal funds, regardless of whether the employment or contract activity is on Yurok lands;
(2) Any person, partnership, corporation, joint venture, government or governmental entity, or other entity that utilizes Tribal funds for a project, or that voluntarily submits to Tribal jurisdiction under this division;
(3) The California Department of Transportation for projects within Yurok ancestral territory; and
(4) Any person, partnership, corporation, joint venture, utility, government or governmental entity, or other entity that is located or engaged in commerce within the Yurok Reservation and that employs two or more employees.
(5) Any federal contractor who, pursuant to Office of Federal Contract Compliance Program regulation 41 C.F.R. § 60-1.5(7), voluntarily submits to Tribal jurisdiction for projects on or near the reservation.
“Days” means regular business days – Monday through Friday – not including Tribally recognized holidays.
“Employee” means a person working for remuneration on Yurok lands in the service of another, including, but not limited to, independent contractors and regular and temporary employees.
“Indian” means a person enrolled in a federally recognized Indian tribe.
“Indian firm” means an entity that has been certified as an Indian firm by the TERO Officer.
“Indian preference plan” means a negotiated agreement between the TERO Officer and a covered employer detailing Indian preference goals and incorporated into the TERO permit.
“Key employee” means an employee of a covered employer in a managerial or project supervisory position, or who performs an essential job function as identified on a case-by-case basis by TERO and prior to issuing a TERO permit.
“Reservation” or “Yurok Reservation” means all lands within the exterior boundaries of the Yurok Reservation.
“TERO” means the Tribal Employment Rights Office.
“TERO Officer” means the TERO Director and any other positions within the TERO office designated by the Yurok Tribal Council Chairperson.
“TERO permit” means a permit issued to and signed by a covered employer after negotiation with the TERO Officer of an acceptable Indian preference plan.
“Tier” means the Indian preference priorities for eligible Indians as established by this division.
“Tribal Court” means the Yurok Tribal Court, which was established by Chapter 1.10 YTC.
“Tribal entity” means the Tribe and any agency, entity, subdivision, instrumentality, or nonprofit or for-profit corporation that acts at the direction of the Council and includes but is not limited to the Yurok Tribe, the Yurok Indian Housing Authority, the Yurok Economic Development Corporation, the Redwood Hotel Casino, and Kee-Cha-E-Nar.
“Tribal funds” means funds of the Yurok Tribe or a Tribal entity and includes grant funds received by the Tribe or a Tribal entity.
“Tribal member” means a duly enrolled member of the Yurok Tribe listed on the Yurok Tribal membership roll.
“Tribe” means the Yurok Tribe acting at the direction of Council.
“Trust lands” means all land the fee title to which is owned by the United States of America and held in trust for the benefit of the Tribe or a Tribal member.
“Yurok ancestral territory” means those ancestral lands described in the Constitution of the Yurok Tribe Article I, Section 1.
“Yurok household” means a family with at least one enrolled Tribal member within the household.
“Yurok lands” means all lands within the Reservation, trust lands, and lands owned by the Tribe or a Tribal entity. [Ord. 58 § 4009, amended, 5/9/2019; Ord. 34 § 4009, adopted, 2/6/2014.]