Ill STAT. 1692 PUBLIC LAW 105-85—NOV. 18, 1997 Notice. 10 USC 2701 note. pursuant to subsection (a)(2)(C), the requirement shall not take effect with respect to a military department or Defense Agency if the Secretary of Defense determines that the department or agency will be unable to meet such requirement by that date. "(2) The Secretary shall submit to Congress written notice of any determination made under paragraph (1) and the reasons for the determination. The Secretary shall submit such notice, if at all, not later than January 1, 2003. "(d) SECRETARY CONCERNED DEFINED. —In this section, the term 'Secretary concerned' means the Secretary of each military department and the Secretary of Defense with respect to the Defense Agencies.". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "2378. Procurement of copier paper containing specified percentages of postconsumer recycled content.". SEC. 351. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMIS- SION REDUCTION INCENTIVES. (a) AUTHORITY. — (1) The Secretary of Defense may, in consultation with the Administrator of General Services, carry out a pilot program to assess the feasibility and advisability of the sale of economic incentives for the reduction of emission of air pollutants attributable to a facility of a military department. (2) The Secretary may carry out the pilot program during the period beginning on the date of the enactment of this Act and ending two years after such date. (b) INCENTIVES AVAILABLE FOR SALE. —(1) Under the pilot program, the Secretary may sell economic incentives for the reduction of emission of air pollutants attributable to a facility of a military department only if such incentives are not otherwise required for the activities or operations of the military department. (2) The Secretary may not, under the pilot program, sell economic incentives attributable to the closure or realignment of a military installation under a base closure law. (3) If the Secretary determines that additional sales of economic incentives are likely to result in amounts available for allocation under subsection (c)(2) in a fiscal year in excess of the limitation set forth in subparagraph (B) of that subsection, the Secretary shall not carry out such additional sales in that fiscal year. (c) USE OF PROCEEDS.—(1) The proceeds of sale of economic incentives attributable to a facility of a military department shall be credited to the funds available to the facility for the costs of identifying, quantifying, or valuing economic incentives for the reduction of emission of air pollutants. The amount credited shall be equal to the cost incurred in identifying, quantifying, or valuing the economic incentives sold. (2)(A)(i) If after crediting under paragraph (1) a balance remains, the amount of such balance shall be available to the Department of Defense for allocation by the Secretary to the military departments for programs, projects, and activities necessary for compliance with Federal environmental laws, including the purchase of economic incentives for the reduction of emission of air pollutants. (ii) To the extent practicable, amounts allocated to the military departments under this subparagraph shall be made available to
�
