
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2867]

 
                         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. 2867. Sale of electricity from alternate energy and 
        cogeneration production facilities
        
    (a) The Secretary of a military department may sell, contract to 
sell, or authorize the sale by a contractor to a public or private 
utility company of electrical energy generated from alternate energy or 
cogeneration type production facilities which are under the jurisdiction 
(or produced on land which is under the jurisdiction) of the Secretary 
concerned. The sale of such energy shall be made under such regulations, 
for such periods, and at such prices as the Secretary concerned 
prescribes consistent with the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2601 et seq.).
    (b)(1) Proceeds from sales under subsection (a) shall be credited to 
the appropriation account currently available to the military department 
concerned for the supply of electrical energy.
    (2) Subject to the availability of appropriations for this purpose, 
proceeds credited under paragraph (1) may be used to carry out military 
construction projects under the energy performance plan developed by the 
Secretary of Defense under section 2865(a) of this title, including 
minor military construction projects authorized under section 2805 of 
this title that are designed to increase energy conservation.
    (c) Before carrying out a military construction project described in 
subsection (b) using proceeds from sales under subsection (a), the 
Secretary concerned shall notify Congress in writing of the project, the 
justification for the project, and the estimated cost of the project. 
The project may be carried out only after the end of the 21-day period 
beginning on the date the notification is received by Congress.

(Added Pub. L. 98-407, title VIII, Sec. 810(a), Aug. 28, 1984, 98 Stat. 
1523, Sec. 2483; amended Pub. L. 103-160, div. B, title XXVIII, 
Sec. 2802, Nov. 30, 1993, 107 Stat. 1884; renumbered Sec. 2867, Pub. L. 
105-85, div. A, title III, Sec. 371(b)(2), Nov. 18, 1997, 111 Stat. 
1705.)

                       References in Text

    The Public Utility Regulatory Policies Act of 1978, referred to in 
subsec. (a), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as amended. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2601 of Title 16, Conservation, and Tables.


                               Amendments

    1997--Pub. L. 105-85 renumbered section 2483 of this title as this 
section.
    1993--Subsec. (b). Pub. L. 103-160, Sec. 2802(a), designated 
existing provisions as par. (1) and added par. (2).
    Subsec. (c). Pub. L. 103-160, Sec. 2802(b), added subsec. (c).

                  Section Referred to in Other Sections

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