112 STAT. 2090 PUBLIC LAW 105-261—OCT. 17, 1998 such agreement is effective during the 5-year period beginning on October 1, 1998. SEC. 820. PERMANENT AUTHORITY FOR USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS BY COMMERCIAL ENTI- TIES. (a) PERMANENT AUTHORITY.—Subsection (g) of section 2681 of title 10, United States Code, is repealed. (b) REPEAL OF EXECUTED REPORTING REQUIREMENT. —Subsection (h) of such section is repealed. SEC. 821. INVENTORY EXCHANGE AUTHORIZED FOR CERTAIN FUEL DELIVERY CONTRACT. (a) EXCHANGE OF BARRELS AUTHORIZED.— (1) The Secretary of Defense shall provide, under a contract described in subsection (f), that the contract may be performed, during the period described in paragraph (2), by means of delivery of fuel obtained by the refiner concerned in an inventory exchange of barrels of fuel, in any case in which— (A) the refiner is unable to physically deliver fuel in compliance with the contract requirements because of ice conditions in Cook Inlet, as determined by the Coast Guard; and (B) the Secretary determines that such inability will result in an inequity to the refiner. (2) The period referred to in paragraph (1) is the period beginning on the date of the enactment of this Act and ending on February 28, 1999. (b) LIMITATION. — The number of barrels of fuel exchanged pursuant to a contract described in subsection (f) may contain up to 15 percent of the total quantity of fiiel required to be delivered under the contract. (c) EFFECT ON STATUS AS SMALL DISADVANTAGED BUSINESS. — Nothing in this section, and no action taken pursuant to this section, may be construed as affecting the status of the refiner as a small disadvantaged business. (d) EFFECT ON CONTRACTUAL OBLIGATIONS.— Nothing in this section may be construed as affecting the requirement of a refiner to fulfill its contractual obligations under a contract described in subsection (e), other than as provided under subsection (b). (e) SMALL DISADVANTAGED BUSINESS DEFINED.— For the purposes of this section, the term "small disadvantaged business" means a socially and economically disadvantaged small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, and a qualified HUBZone small business concern, as those terms are defined in sections 8(a)(4KA), 8(d)(3)(C), and 3(p) of the Small Business Act (15 U.S.C. 637(a)(4)(A)), 637(d)(3)(C), and 632(p)), respectively. (f) APPLICABILITY.—T his section applies to any contract between the Defense Enei^ Supply Center of the Department of Defense and a refiner that qualifies as a small disadvantaged business for the delivery of fuel by barge to Defense Energy Supply Point-Anchorage.
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