Page:United States Statutes at Large Volume 111 Part 2.djvu/610

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Ill STAT. 1690 PUBLIC LAW 105-85 —NOV. 18, 1997 (1) the recovery of the costs of environmental restoration at Department of Defense sites from contractors of the Department and other private parties that contribute to environmental contamination at such sites; and (2) the sharing of the costs of such restoration with such contractors and parties. 10 USC 2702 SEC. 349. PARTNERSHIPS FOR INVESTMENT IN INNOVATIVE ENVIRON- note. MENTAL TECHNOLOGIES. (a) AUTHORITY.— Subject to subsection (b), the Secretary of Defense may enter into a partnership with one or more private entities to demonstrate and validate innovative environmental technologies. (b) LIMITATIONS.—The Secretary of Defense may enter into a partnership with respect to an environmental technology under subsection (a) only if— (1) any private entities participating in the partnership are selected through the use of competitive procedures; (2) the partnership provides for parties other than the Department of Defense to provide at least 50 percent of the funding required (not including in-kind contributions or preexisting investments); and (3) the Secretary determines that— (A) the technology has clear potential to be of significant value to the Department of Defense in its environmental remediation activities at a substantial number of Department of Defense sites; and (B) the technology would not be developed without the commitment of Department of Defense funds. (c) EVALUATION GUIDELINES.— Before entering into a partnership with respect to an environmental technology under subsection (a), the Secretary of Defense shall give consideration to the following: (1) The potential for the technology to be used by the Department of Defense for environmental remediation. (2) The technical feasibility and maturity of the technology. (3) The adequacy of financial and management plans to demonstrate and validate the technology. (4) The costs and benefits to the Department of Defense of developing and using the technology. (5) The potential for commercialization of the technology. (6) The proposed arrangements for sharing the costs of the partnership through the use of resources outside the Department of Defense. (d) FUNDING.— Under a partnership entered into under subsection (a), the Secretary of Defense may provide funds to the partner or partners from appropriations available to the Department of Defense for environmental activities, for a period of up to five years. (e) REPORT. —In the annual report required under section 2706(a) of title 10, United States Code, the Secretary of Defense shall include the following information with respect to partnerships entered into under this section: (1) The number of such partnerships. (2) A description of the nature of the technology involved in each such partnership. (3) A list of all partners in such partnerships.