PUBLIC LAW 101-510—NOV. 5, 1990
104 STAT. 1803
conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.
PART D—DEPARTMENT OF DEFENSE ENERGY SAVINGS
SEC, 2851. DEPARTMENT OF DEFENSE ENERGY SAVINGS PROGRAM
(a) IN GENERAL. — Subchapter III of chapter 169 of title 10, United
States Code, is amended by adding at the end the following:
"§ 2865. Energy savings at military installations
"(a)(1) The Secretary of Defense shall designate an energy
performance goal for the Department of Defense for the years 1991
through 2000.
"(2) To achieve the goal designated under paragraph (1), the
Secretary shall develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy savings.
"(3) For the purpose of implementing any energy performance
plan, the Secretary shall provide that the selection of energy conservation measures under such plan shall be limited to those with a
positive net present value over a period of 10 years or less.
"(b)(1) The Secretary shall provide that two-thirds of the portion of
the funds appropriated to the Department of Defense for a fiscal
year that is equal to the amount of energy cost savings realized by
the Department, including financial benefits resulting from shared
energy savings contracts and financial incentives described in paragraph (3)(B), for any fiscal year beginning after fiscal year 1990 shall
remain available for obligation under paragraph (2) through the end
of the fiscal year following the fiscal year for which the funds were
appropriated, without additional authorization or appropriation.
"(2) The amount that remains available for obligation under
paragraph (1) shall be utilized as follows:
"(A) One-half of the amount shall be used for the implementation of additional energy conservation measures at such buildings, facilities, or installations of the Department of Defense as
the head of the department, agency, or instrumentality that
realized the savings may designate in accordance with regulations prescribed by the Secretary of Defense.
"(B) One-half of the amount shall be used at the installation
at which the savings were realized, as determined by the
commanding officer of such installation consistent with applicable law and regulations, for—
"(i) improvements to existing military family housing
units;
"(ii) any unspecified minor construction project that will
enhance the quality of life of personnel; or
"(iii) any morale, welfare, or recreation facility or service.
"(3) The Secretary—
"(A) shall permit and encourage each military department.
Defense Agency, and other instrumentality of the Department
of Defense to participate in programs conducted by any gas or
electric utility for the management of electricity demand or for
energy conservation; and
"(B) may authorize any military installation to accept any
financial incentive, generally available from any such utility, to
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