
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2866]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2866. Water conservation at military installations

    (a) Water Conservation Activities.--(1) The Secretary of Defense 
shall permit and encourage each military department, Defense Agency, and 
other instrumentality of the Department of Defense to participate in 
programs conducted by a utility for the management of water demand or 
for water conservation.
    (2) The Secretary of Defense may authorize a military installation 
to accept a financial incentive (including an agreement to reduce the 
amount of a future water bill), goods, or services generally available 
from a utility, for the purpose of adopting technologies and practices 
that--
        (A) relate to the management of water demand or to water 
    conservation; and
        (B) as determined by the Secretary, are cost effective for the 
    Federal Government.

    (3) Subject to paragraph (4), the Secretary of Defense may authorize 
the Secretary of a military department having jurisdiction over a 
military installation to enter into an agreement with a utility to 
design and implement a cost-effective program that provides incentives 
for the management of water demand and for water conservation and that 
addresses the requirements and circumstances of the installation. 
Activities under the program may include the provision of water 
management services, the alteration of a facility, and the installation 
and maintenance by the utility of a water-saving device or technology.
    (4)(A) If an agreement under paragraph (3) provides for a utility to 
pay in advance the financing costs for the design or implementation of a 
program referred to in that paragraph and for such advance payment to be 
repayed by the United States, the cost of such advance payment may be 
recovered by the utility under terms that are not less favorable than 
the terms applicable to the most favored customer of the utility.
    (B) Subject to the availability of appropriations, a repayment of an 
advance payment under subparagraph (A) shall be made from funds 
available to a military department for the purchase of utility services.
    (C) An agreement under paragraph (3) shall provide that title to a 
water-saving device or technology installed at a military installation 
pursuant to the agreement shall vest in the United States. Such title 
may vest at such time during the term of the agreement, or upon 
expiration of the agreement, as determined to be in the best interests 
of the United States.
    (b) Use of Financial Incentives and Water Cost Savings.--(1) 
Financial incentives received under subsection (a)(2) shall be used as 
provided in section 2865(b)(3) of this title.
    (2) Water cost savings realized under subsection (a)(3) shall be 
used as provided in section 2865(b)(2) of this title.
    (c) Water Conservation Construction Projects.--(1) The Secretary of 
Defense may carry out a military construction project for water 
conservation, not previously authorized, using funds appropriated or 
otherwise made available to the Secretary for water conservation.
    (2) When a decision is made to carry out a project under paragraph 
(1), the Secretary of Defense shall notify the appropriate committees of 
Congress of that decision. Such project may be carried out only after 
the end of the 21-day period beginning on the date the notification is 
received by such committees.

(Added Pub. L. 103-160, div. B, title XXVIII, Sec. 2803(a), Nov. 30, 
1993, 107 Stat. 1884; amended Pub. L. 104-106, div. A, title XV, 
Sec. 1502(a)(27), Feb. 10, 1996, 110 Stat. 506; Pub. L. 105-85, div. B, 
title XXVIII, Sec. 2804(b), Nov. 18, 1997, 111 Stat. 1991.)


                               Amendments

    1997--Subsec. (b). Pub. L. 105-85 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows:
    ``(b) Use of Water Cost Savings.--Water cost savings realized under 
this section shall be used as provided in section 2865(b)(2) of this 
title.''
    1996--Subsec. (c)(2). Pub. L. 104-106 substituted ``appropriate 
committees of Congress'' for ``Committees on Armed Services and 
Appropriations of the Senate and House of Representatives''.

                  Section Referred to in Other Sections

    This section is referred to in section 2865 of this title.
