[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.117]

[Page 178-179]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.117  Labor and employment.

    (a) No construction work shall be performed by convict labor at the 
work site or within the limits of any Federal-aid highway construction 
project from the time of award of the contract or the start of work on 
force account until final acceptance of the work by the SHA unless it is 
labor performed by convicts who are on parole, supervised release, or 
probation.
    (b) No procedures or requirement shall be imposed by any State which 
will operate to discriminate against the employment of labor from any 
other State, possession or territory of the United States, in the 
construction of a Federal-aid project.
    (c) The selection of labor to be employed by the contractor on any 
Federal-aid project shall be by the contractor without regard to race, 
color, religion, sex, national origin, age, or handicap and in 
accordance with 23 CFR part 230, 41 CFR part 60 and Exec. Order No. 
11246 (Sept. 24, 1965), 3 CFR 339 (1964-1965), as amended.
    (d) Pursuant to 23 U.S.C. 140(d), it is permissible for SHA's to 
implement procedures or requirements which will extend preferential 
employment to Indians living on or near a reservation on eligible 
projects as defined in paragraph (e) of this section. Indian preference 
shall be applied without regard to tribal affiliation or place of 
enrollment. In no instance should a contractor be compelled to layoff or 
terminate a permanent core-crew employee to meet a preference goal.
    (e) Projects eligible for Indian employment preference consideration 
are

[[Page 179]]

projects located on roads within or providing access to an Indian 
reservation or other Indian lands as defined under the term ``Indian 
Reservation Roads'' in 23 U.S.C. 101 and regulations issued thereunder. 
The terminus of a road ``providing access to'' is that point at which it 
intersects with a road functionally classified as a collector or higher 
classification (outside the reservation boundary) in both urban and 
rural areas. In the case of an Interstate highway, the terminus is the 
first interchange outside the reservation.
    (f) The advertisement or call for bids on any contract for the 
construction of a project located on the Federal-aid system either shall 
include the minimum wage rates determined by the Secretary of Labor to 
be prevailing on the same type of work on similar construction in the 
immediate locality or shall provide that such rates are set out in the 
bidding documents and shall further specify that such rates are a part 
of the contract covering the project.