Best Places for Green Tourism — Greentomyr Org
Content Navigation

The Mhatercom form is an essential document for businesses looking to engage in oilfield and mineral development on the Fort Berthold Indian Reservation. It serves as a comprehensive agreement that outlines the requirements for compliance with the Tribal Employment Rights Office (TERO) regulations. This form collects vital information about the business, including its name, address, and type of business structure, such as sole proprietorship or corporation. Furthermore, it requires details about insurance coverage, workmen’s compensation, and unemployment insurance, ensuring that all contractors meet necessary legal obligations before commencing work. The form emphasizes the importance of hiring local certified Indian contractors and provides a section for listing subcontractors and suppliers. Additionally, it mandates the submission of a compliance plan to the TERO Director, which must be approved prior to any work being performed. By filling out this form, businesses not only comply with local regulations but also support the economic development of the Fort Berthold community.

Mhatercom Example

10-I

TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)

THREE AFFILIATED TRIBES

P.O. BOX 488

NEW TOWN, ND 58763

PHONE: (701)627-3634 FAX: (701)627-4496

WEBSITE: www.mhatero.com

OILFIELD & MINERAL DEVELOPMENT

LICENSE AGREEMENT

NAME OF FIRM ________________________________________________________________________

ADDRESS ________________________________________CITY ________________________________

ST _________ ZIP _________________

FORM OF BUSINESS: □ SOLE PROPRIETORSHIP □ PARTNERSHIP □ CORPORATION □ OTHER

OWNER(S) NAME ______________________________

________________________________

CONTACT PERSON _____________________________

PHONE ________________________________

EMAIL _______________________________________

INSURANCE COMPANY ______________________________ ADDRESS ___________________________

POLICY# ___________________________ EFFECTIVE DATE _______________, 20 ________

WORKMENS COMP. # _______________________ UNEMPLOYMENT # ___________________________

BOND COMPANY NAME __________________________ FED. I.D. # ______________________________

NUMBER OF YEARS IN BUSINESS _________

NUMBER OF TRUCKS _________

 

 

NUMBER OF DRIVERS _________

TYPES OF WORK PERFORMED:

 

 

1.

__________________________________

3.

__________________________________

2.

__________________________________

4.

__________________________________

*All trucking companies must provide copies of vehicle insurance, registration, company liability

insurance and copies of all drivers CDLs. IF THESE DOCUMENTS ARE NOT PROVIDED YOUR APPLICATION

WILL NOT BE APPROVED*

1

TERO COMPLIANCE PLAN

INSTRUCTIONS

Pursuant to Chapter 10 of the TERO Ordinance the following Compliance Plan shall be filled out completely, prior to any commencement of work by any Prime Contractor/Operator, Subcontractor, or Supplier who intends to perform any work on the Fort Berthold Indian Reservation.

TERO ORDINANCE: Enacted May 13, 1983, by Resolution #83-122-S, revised March 11, 1993, by Resolution #93-40-JJR.

CHAPTER 10- COMPLIANCE PLAN

Subsequent to the effective date of this Ordinance, no covered employer who intends to do business within the exterior boundaries of the Fort Berthold Indian Reservation, shall commence the conduct of such business until such time as he/she has consulted with the TERO Director and/or staff for the purpose of being advised of his/her/its Indian preference and other obligations, as prescribed by and set forth in this Ordinance, in any and all supplementary ordinances, and in any and all rules, regulations, and/or guidelines promulgated by the TERO Commission. After such consultation and previous to the commencement of the conduct of business, such covered employer shall develop a compliance plan which is acceptable to and approved by the TERO Director.

2

SUBCONTRACTOR & SUPPLIERS

PREFERENCE OF SUBCONTRACTORS SHALL BE GIVEN TO RESIDENT CERTIFIED INDIAN CONTRACTORS OF THE FORT BERTHOLD INDIAN RESERVATION. PLEASE LIST BELOW ALL SUBCONTRACTORS & CONTACT INFORMATION.

1.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

2.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

3.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

4.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

5.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

3

PLEASE LIST WHO YOU ANY COMPANIES YOU ARE LEASED TO, SUBCONTRACTING FOR, OR DOING WORK FOR

1.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

2.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

3.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

4.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

5.COMPANY NAME ___________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

PLEASE NOTE:

IF ANOTHER SUBCONTRACTOR OR SUPPLIER IS NEEDED, FIRM SHALL CONTACT THE TERO OFFICE TO MODIFY THIS COMPLIANCE PLAN. SUBCONTRACTORS AND SUPPLIERS THAT ARE ON THE WORK SITE WHO ARE NOT PARTICIPANTS ON THE VENDORS LIST, WILL NECESSITATE SANCTIONS PURSUANT TO CHAPTER 20 OF THE TERO ORDINANCE, TO THE PRIME CONTRACTOR/OPERATOR, SUBCONTRACTOR AND/OR SUPPLIER INVOLVED.

PROJECT__________________________________________NUMBER_______________________________________________

PROJECT TYPE: □ BUILDING CONSTRUCTION □ ROAD/RELATED CONSTRUCTION □ OTHER

4

EMPLOYMENT OPPORTUNITIES

PREFERENCE IN EMPLOYMENT SHALL BE GIVEN TO RESIDENT INDIANS OF THE FORT BERTHOLD RESERVATION. PLEASE LIST TYPE AND TOTAL NUMBER OF POSITIONS THAT WILL BE FILLED WITH THREE AFFILIATED TRIBES TERO REFERRALS AND TOTAL. PLEASE LIST ANY POSITIONS YOU HAVE AVAILABLE FOR HIRE

YOUR COMPANY NAME ________________________________________________________________________

ADDRESS __________________________________________________________________________________

PHONE____________________________________EMAIL___________________________________________

 

POSITION TYPE

HOURLY WAGE

TERO POSITIONS

TOTAL POSITIONS

1.

__________________________________

____________

_____________

______________

2.

__________________________________

____________

_____________

______________

3.

__________________________________

____________

_____________

______________

4.

__________________________________

____________

_____________

______________

5.

__________________________________

____________

_____________

______________

6.

__________________________________

____________

_____________

______________

7.

__________________________________

____________

_____________

______________

8.

__________________________________

____________

_____________

______________

____________________________________

________________________

AUTHORIZED COMPANY OFFICIAL

DATE

 

5

TRIBAL EMPLOYMENT RIGHT OFFICE (TERO)

THREE AFFILIATED TRIBES

MINERAL/OIL DEVELOPMENT AGREEMENT

Whereas this agreement is entered into on this date between the Three Affiliated Tribes Tribal

Employment Rights Office (TERO), and ______________________, with respect to employment

practices on the Fort Berthold Indian Reservation.

1. CONTRACTORS/SUBCONTRACTORS:

That entity shall comply with the procedures for the selection of Contractors and Sub- contractors as set forth in the Tribal Ordinance or the Three Affiliated Tribes of the Fort Berthold Indian Reservation, Resolution #83-122-S, subsequently revised by Resolution #93-40-JJR.

The TERO will receive notice in the form of copies of bid forms let by any entity for all Contracting and Sub-contracting jobs on the Fort Berthold Reservation. The notice will be given reasonably in advance of any contract awarded, but no later than five (5) days in advance of any award, unless such notice cannot be given due to business consideration.

___________________________ shall be responsible for its contractors and sub-contractors,

who must comply with Tribal Employme t Rights Ordi a ce, Chapter 6, “cope of I dia Prefere ce .

2. EMPLOYMENT PRIORITY

TERO will maintain a list of available resident Indians and Indian employees for employment. The TERO shall be given at least three (3) business days notice of any positions to be filled or vacancies.

Employer shall hire, either for a job vacancy or new positions, all available resident Indians or Indian applicants who meet pre-employment standards. For the purpose of this agreement, pre-employment standards are those directly job related standards of fitness and ability which indicate that with a reasonable amount of training a person will be capable of satisfactorily performing the entry job, as well as jobs at a higher level which with a reasonable amount of further training, are normally filled by progression from the entry job. This provision applies to those persons who at the time of application for employment are not fully qualified for the

6

available job, but general potential of becoming qualified through a reasonable amount of training.

3. PRE-EMPLOYMENT STANDARDS

Employer will not use qualifications, criteria, or other requirements as barriers to resident Indians or Indian employment, except where such criteria, or qualification requirements are required by business necessity. However, employer shall have the burden of showing that such criteria or requirements are required by business necessity.

4. TRAINING

Employer shall agree that all resident Indians and Indian employees will be adequately trained for the positions for which they are hired. All Indian employees will be evaluated and paid according to current employer and company policies.

5. DISCRIMINATION

There shall be no discrimination in the amount and rate of wages, fringe benefits or in any other elements of employment to employees on the basis of race, creed, color, age, sex, national origin, or religion.

6.EMPLOYMENT GOALS

The following will apply to all: CONTRACTORS AND SUBCONTRACTORS

A.Employer working on or near the Fort Berthold Indian Reservation agrees that at least 50% of all its employees in the skilled positions will be filled by resident Indian or Indian employees.

B.Employer working on or near the Fort Berthold Indian Reservation agrees that at least 100% of all its employees in the unskilled positions will be filled by resident Indian or Indian employees.

C.If the employer fails to meet the required percentage of resident Indian and Indian employment goals as set forth above, it shall have the burden of justifying the rejection of every resident Indian or Indian applicant for any positions which become available and of substantiating the criteria used in hiring for the position as being relevant to the job being performed.

7.CONTRACTING/SUBCONTRACTING GOALS

A.The following will apply to all Contractors and Subcontractors: Employer working on or near the Fort Berthold Indian Reservation agrees to give first preference to all Certified Indian Contractors.

7

8.TERO FEES

A.Completed by General Contractor

Pursuant to Chapter 11 of the Tribal Employment Rights Ordinance and BAT FEE Resolution #95-71-DSB, the General Contractor:

Please refer to last page of application for all TERO fees.

9.INSPECTIONS

The TERO Director or his/her designated person shall have the right to make Compliance Inspections of all employment sites within the exterior boundaries of the Fort Berthold Indian Reservation.

10. RECORDS

Employer shall maintain records on all workers who apply for work, including those who were not employed, or were employed and subsequently terminated. The files shall reflect the name, last known address, and employee craft or category of which the employee is or was available. If called and not hired or was terminated. Such files shall be available at reasonable times and upon reasonable notice to the Director and/or designate.

11. ASSISTANCE

If e ployer dee s that a e ployee’s perfor a ce is such that he/she is i da ger of

being suspended or terminated, employer shall contact TERO for assistance in working the problem out.

12. EMPLOYMENT POLICIES AND PROCEDURES

It is further understood that employer recognized that its operations are taking place within a unique cultural setting upon the Three Affiliated Tribes Fort Berthold Indian Reservation. Accordingly, employer, in conjunction with the Director of TERO, will consider and take into account Tribal Holidays and other cultural customs as well as the needs of the business, so as to promote rather that hinder, the employment of resident Indians and Indians.

13.LAYOFFS

If a layoff is required, employer shall maintain a layoff consistent with its obligations under Section 6 in this agreement to employ resident Indians and Indians up to the required percentage of the work force. Any layoff must be justified by business consideration or necessity.

8

DURATION

This agreement shall be for a one year period from the date it is approved by the TERO Director.

_______________________

______________________________________

DATE

TERO DIRECTOR OR DESIGNATE

_______________________

______________________________________

DATE

AUTHORIZED COMPANY OFFICIAL

______________________________________

TITLE

9

Click for Mhatercom File

File Breakdown

Fact Name Description
Form Purpose The Mhatercom form is designed for businesses seeking to obtain an Oilfield & Mineral Development License Agreement on the Fort Berthold Indian Reservation.
Governing Law This form is governed by the TERO Ordinance, enacted on May 13, 1983, and revised on March 11, 1993.
Compliance Requirement Before starting work, businesses must complete a TERO Compliance Plan and consult with the TERO Director or staff.
Indian Preference Preference in hiring and subcontracting is given to certified Indian contractors and residents of the Fort Berthold Reservation.
Documentation Needed Applicants must provide various documents, including vehicle insurance, registration, company liability insurance, and drivers' CDLs.
Subcontractor Information The form requires listing all subcontractors and suppliers, ensuring compliance with TERO regulations.
Employment Opportunities Businesses must indicate available positions and provide details on wages and the number of positions filled by TERO referrals.

Guide to Using Mhatercom

Filling out the Mhatercom form is an important step for businesses looking to engage in work on the Fort Berthold Indian Reservation. Completing this form accurately ensures compliance with local regulations and helps facilitate a smoother approval process.

  1. Begin by entering the name of your firm in the designated space.
  2. Provide your address, including city, state, and ZIP code.
  3. Select the form of business by checking the appropriate box: Sole Proprietorship, Partnership, Corporation, or Other.
  4. Fill in the owner(s) name(s) and the contact person for the business.
  5. Enter the phone number and email address for the contact person.
  6. List the insurance company name and address, along with the policy number and effective date.
  7. Provide the workmen's compensation number and unemployment number.
  8. Include the bond company name and the federal ID number.
  9. Indicate the number of years in business, as well as the number of trucks and drivers you have.
  10. List the types of work performed in the provided spaces.
  11. Attach copies of necessary documents, including vehicle insurance, registration, company liability insurance, and all drivers' CDLs. Ensure these documents are included, as failure to do so may result in application denial.
  12. Complete the TERO compliance plan section, ensuring it is filled out completely.
  13. List all subcontractors and their contact information in the appropriate section.
  14. Detail any companies you are leased to, subcontracting for, or doing work for in the specified area.
  15. Provide information about employment opportunities, including position types, hourly wages, TERO positions, and total positions available.
  16. Finally, ensure the form is signed by an authorized company official and dated.

Get Answers on Mhatercom

What is the Mhatercom form?

The Mhatercom form is a document required by the Tribal Employment Rights Office (TERO) for businesses intending to operate on the Fort Berthold Indian Reservation. It collects essential information about the firm, its owners, and the types of work performed, ensuring compliance with TERO regulations.

Who needs to fill out the Mhatercom form?

Any prime contractor, subcontractor, or supplier planning to conduct business within the exterior boundaries of the Fort Berthold Indian Reservation must complete the Mhatercom form. This includes those involved in oilfield and mineral development activities.

What information is required on the form?

The form requires detailed information, including:

  • Name and address of the firm
  • Contact details for the owner and designated contact person
  • Insurance and bonding information
  • Business structure (e.g., sole proprietorship, partnership)
  • Types of work performed
  • Details about subcontractors and employment opportunities

What happens if I don’t provide the required documents?

If the necessary documents, such as vehicle insurance and driver CDLs, are not submitted, the application will not be approved. This could delay your ability to start work on the reservation.

How does the TERO compliance plan work?

The TERO compliance plan must be developed and submitted before commencing any work. It outlines how the contractor will meet Indian preference obligations and other requirements set forth in the TERO Ordinance. Consultation with the TERO Director is essential to ensure the plan is acceptable.

What is the preference for subcontractors?

Preference for subcontractors is given to resident certified Indian contractors from the Fort Berthold Indian Reservation. This ensures that local businesses have the opportunity to participate in projects within their community.

Are there penalties for not following TERO regulations?

Yes, if subcontractors or suppliers not on the approved vendors list are found on the work site, sanctions may be imposed on the prime contractor or operator. This can include fines or other penalties as outlined in Chapter 20 of the TERO Ordinance.

How can I modify my compliance plan?

If additional subcontractors or suppliers are needed after the initial submission, the firm must contact the TERO office to modify the compliance plan. Keeping the plan updated is crucial for maintaining compliance.

What types of employment opportunities should be reported?

Contractors must list all available positions and indicate the total number of positions filled with TERO referrals. This includes providing details such as position type, hourly wage, and total positions available.

How can I contact TERO for more information?

For further inquiries, you can reach the TERO office at:

Common mistakes

Completing the Mhatercom form accurately is essential for ensuring a smooth application process. One common mistake individuals make is leaving sections incomplete. Each area of the form requires specific information, such as the name of the firm and contact details. Omitting any of these details can lead to delays or outright rejection of the application.

Another frequent error involves misunderstanding the requirements for documentation. The form clearly states that all trucking companies must provide copies of vehicle insurance, registration, and liability insurance, along with drivers' Commercial Driver's Licenses (CDLs). Failing to submit these documents will result in the application not being approved. It is crucial to double-check that all necessary documents are included before submission.

Additionally, applicants often overlook the importance of providing accurate contact information for subcontractors and suppliers. Listing incorrect phone numbers or email addresses can create communication barriers, leading to potential issues later in the process. Ensuring that all provided contact details are correct and up to date is vital for maintaining effective communication.

Lastly, individuals sometimes neglect to consult with the TERO Director or staff prior to completing the form. This consultation is an important step, as it provides guidance on Indian preference and other obligations. Skipping this step may result in misunderstandings about compliance requirements, which could hinder the approval of the application. Taking the time to seek advice can ultimately facilitate a smoother process.

Documents used along the form

The Mhatercom form is an essential document for businesses looking to operate on the Fort Berthold Indian Reservation. However, several other forms and documents are often used in conjunction with it to ensure compliance with local regulations and to streamline the process of doing business in the area. Below is a list of these important documents.

  • TERO Compliance Plan: This document outlines how a business will adhere to the Tribal Employment Rights Office regulations. It must be completed before any work begins and requires consultation with TERO staff.
  • Subcontractor List: A detailed list of all subcontractors and their contact information is required. This ensures that all parties involved in a project are recognized and compliant with TERO regulations.
  • Insurance Certificates: Proof of insurance coverage is necessary for all businesses operating in the area. This includes vehicle insurance, liability insurance, and workers' compensation coverage.
  • Business License: A valid business license from the appropriate authorities is needed. This document verifies that a business is legally registered to operate within the jurisdiction.
  • Employment Opportunity Listings: Businesses must provide a list of available job positions, including details about hourly wages and the number of positions filled by TERO referrals. This promotes employment opportunities for local residents.
  • Vendor List: A list of approved vendors is crucial. This document helps ensure that all subcontractors and suppliers are recognized and compliant with TERO regulations.
  • Project Plans and Specifications: Detailed project plans must be submitted to outline the scope of work. This helps TERO assess the project's impact on the community and environment.
  • Bonding Information: Information about any required bonds, including the bond company name and policy number, is necessary to protect against potential liabilities during the project.

By preparing these documents alongside the Mhatercom form, businesses can ensure a smoother process for compliance and operation on the Fort Berthold Indian Reservation. It’s crucial to stay organized and informed to meet all requirements effectively.

Similar forms

  • Business License Application: Similar to the Mhatercom form, a business license application requires detailed information about the business entity, including the owner's name, business address, and type of business structure. Both documents aim to ensure compliance with local regulations before operations commence.
  • Contractor Registration Form: This form also collects essential data about the contractor, such as contact information and insurance details. Like the Mhatercom form, it emphasizes the importance of providing proof of insurance and compliance with relevant laws before beginning work.
  • Employment Application: An employment application gathers information about potential employees, including their qualifications and contact details. Both the Mhatercom form and employment applications prioritize the selection of qualified candidates, often with a focus on local or specific demographic preferences.
  • Insurance Certificate: An insurance certificate provides proof of coverage, much like the insurance information required in the Mhatercom form. Both documents ensure that businesses are financially protected and compliant with industry standards before they start operations.

Dos and Don'ts

When filling out the Mhatercom form, it is crucial to follow specific guidelines to ensure your application is complete and accurate. Here are five important do's and don'ts to keep in mind:

  • Do provide accurate and complete information.
  • Do double-check all entries for spelling and numerical accuracy.
  • Do include all required documents, such as insurance and registration.
  • Do consult with the TERO Director if you have any questions.
  • Do keep a copy of your completed form for your records.
  • Don't leave any sections blank; incomplete forms may be rejected.
  • Don't submit the application without the necessary supporting documents.
  • Don't use abbreviations or shorthand that could cause confusion.
  • Don't forget to sign and date the form before submission.
  • Don't assume verbal confirmations are sufficient; always get things in writing.

Misconceptions

Understanding the Mhatercom form can be challenging, and several misconceptions often arise. Here are nine common misunderstandings about this important document:

  • The Mhatercom form is only for large companies. This form is designed for all businesses, regardless of size. Small businesses and sole proprietors are just as eligible to apply.
  • You don’t need to provide insurance information. In fact, proof of insurance is a critical part of the application. Without it, your application will not be approved.
  • The form is only necessary for construction projects. While it is often used in construction, the Mhatercom form applies to any work performed on the Fort Berthold Indian Reservation, including oilfield and mineral development.
  • Submitting the form guarantees approval. Completing the form does not guarantee that your application will be approved. It must meet all compliance requirements set forth by the TERO.
  • You can submit the form without consulting TERO staff. Consultation with the TERO Director or staff is required before submitting your compliance plan. This ensures you understand your obligations.
  • Only Indian-owned businesses can apply. While preference is given to resident certified Indian contractors, non-Indian businesses can also apply and participate in projects.
  • All subcontractors can work without approval. Subcontractors must be listed and approved by the TERO. Those not on the vendor list may face sanctions.
  • Employment preference only applies to new hires. The preference for resident Indians applies to all positions filled, not just new hires. This includes any positions available for hire.
  • The form is a one-time submission. Businesses must update and resubmit their compliance plans if there are changes in subcontractors or if additional subcontractors are needed.

By clarifying these misconceptions, businesses can better navigate the Mhatercom form process and ensure compliance with the TERO Ordinance.

Key takeaways

When filling out and using the Mhatercom form, there are several important points to keep in mind. Understanding these key takeaways can help ensure a smooth application process.

  • Complete Information: Fill out all sections of the form thoroughly. Incomplete forms may lead to delays or denial of your application.
  • Compliance Plan: Before starting any work, consult with the TERO Director or staff. They will guide you on Indian preference and your obligations under the TERO Ordinance.
  • Document Requirements: Submit all necessary documents, including vehicle insurance and driver’s licenses. Without these, your application will not be approved.
  • Subcontractor Preferences: Preference for subcontractors will be given to certified Indian contractors from the Fort Berthold Indian Reservation. Ensure to list all subcontractors accurately.
  • Employment Opportunities: Give preference in hiring to resident Indians of the Fort Berthold Reservation. Clearly list the types and numbers of positions available.
  • Modify Plans as Needed: If additional subcontractors or suppliers are required, contact the TERO office to update your compliance plan accordingly.

By keeping these takeaways in mind, you can effectively navigate the Mhatercom form and comply with the necessary regulations.