F.Y.I.

This is a follow-up to an e-mail that I posted in October of 1997.  Here is
the text of that e-mail:

(start)  My institution has a NIH award that involves a subcontract to an
Indian tribe.  Our boilerplate subcontract language has an Equal
Opportunity clause.  The subcontractor/tribe is requesting that this clause
be stricken, as they are a sovereign nation and this doesn't apply to them.
 (end)

No one had posted the answer, although there were a few suggestions,
including contacting the agency grant specialist, which had been done.  A
few people requested that I post the outcome once I had my question
answered.  This is what we ended up doing:

Our PI contacted Dr. Elizabeth Robertson at NIDA and at her instruction our
office submittted a letter to the agency requesting exemption for the tribe
from this clause.  The relevant portion of the letter is as follows:  "The
purpose of this letter is to request deletion of the equal opportunity
employment language/clause from the subcontract.  Under Mille Lacs Band
Tribal law (Tribal Preference 18MLBSA, Sec. 401), Mille Lacs personnel
policy stipulates Tribal Preference for hiring reservation employees.  This
is in accord with Federal Statute 25 USCA, Sec. 3401.  Tribal preference on
American Indian Reservations has been defended successfully in federal
courts.  In all off-reservation hiring processes the grant will continue to
honor the equal opportunity employment guidelines."

The response we received from the agency said in pertinent part:  "The
request which is based on the exemption granted Native Americans by federal
law is approved."

I hope this may be helpful if anyone else faces this issue.
Valrey V. Kettner
Associate Contracts & Grants Officer
221 Beardshear
Iowa State University
Ames, IA  50011-2020
(515) 294-4642 (phone)
(515) 294-8000 (fax)