103 STAT. 1508 PUBLIC LAW 101-189—NOV. 29, 1989

10 USC 2301 SEC. 832. CREDIT FOE INDIAN CONTRACTING IN MEETING CERTAIN
note. MINORITY SUBCONTRACTING GOALS

(a) EEGULATIONS.—Subject to subsections (b) and (c), in any case in
which a subcontracting goal is specified in a Department 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 (b); 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.

(b) ELIGIBLE WoRK.—(l) Work performed on Indian lands meets
the requirements of this paragraph if—

(A) not less than 40 percent of the workers directly engaged 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 goal under subsection (a) shall
be—

(1) in the case of work performed as described in subsection
(aXD, the value of the work performed; and

(2) in the case of a contract or subcontract undertaken to be
performed by a joint venture as described in subsection (aX2), 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 UJSX1 2708(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)X