Page:United States Statutes at Large Volume 103 Part 2.djvu/498

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103 STAT. 1508 PUBLIC LAW 101-189—NOV. 29, 1989 10 USC 2301 SEC. 832. CREDIT FOR INDIAN CONTRACTING IN MEETING CERTAIN note. MINORITY SUBCONTRACTING GOALS (a) REGULATIONS. —Subject to subsections (b) and (c), in any case in which a subcontracting goal is specified in a t)epartment of Defense contract in the implementation of section 1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301 note) and section 8(d) of the Small Business Act (15 U.S.C. 637(d)), credit toward meeting that subcontracting goal shall be given for— (1) work performed in connection with that Department of Defense contract, and work performed in connection with any - . subcontract awarded under that Department of Defense con- tract, if such work is performed on any Indian lands and meets the requirements of paragraph (1) of subsection 0>); or ^ (2) work performed in connection with that Department of

  • Defense contract, and work performed in connection with any

subcontract awarded under that Department of Defense con- tract, if the performance of such contract or subcontract is undertaken as a joint venture that meets the requirements of paragraph (2) of that subsection. 0)) EuGiBLE WORK.— (1) Work performed on Indian lands meets the requirements of this paragraph if— (A) not less than 40 percent of the workers directly engsiged in the performance of the work are Indians; or (B) the contractor or subcontractor has an agreement with the ' tribal government having jurisdiction over such Indian lands that provides goals for training and development of the Indian workforce and Indian management. (2) A joint venture undertaking to perform a contract or sub- contract meets the requirements of this paragraph if— (A) an Indian tribe or tribally owned corporation owns at least 50 percent of the joint venture; (B) the activities of the joint venture under the contract or subcontract provide employment opportunities for Indians either directly or through the purchase of products or services for the performance of such contract or subcontract; and (C) the Indian tribe or tribally owned corporation manages the performance of such contract or subcontract. (c) EXTENT OF CREDIT.—The amount of the credit given toward the attainment of any subcontracting go£d under sul»ection (a) shall be— (1) in the case of work performed as described in subsection (a)(1), the value of the work performed; and ^. (2) in the case of a contract or subcontract undertaken to be •. r. performed by a joint venture as described in subsection (a)(2), an ^ amount equal to the amount of the contract or subcontract multiplied by the percentage of the tribe's or tribally owned corporation's ownership interest in the joint venture. (d) REGULATIONS. —The Secretary of Defense shall prescribe regu- lations for the implementation of this section. (e) DEFINITIONS.— In this section: (1) The term "Indian lands" has the meaning given that term by section 4(4) of the Indian Gaming Regulatory Act (102 Stat. " 2468; 25 U.S.C. 2703(4)). (2) The term "Indian" has the meaning given that term by section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)).