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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