Sec. 351. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMISSION REDUCTION INCENTIVES

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## SEC. 351 PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMISSION REDUCTION INCENTIVES **[**[10 U.S.C. 2701 note](/us/usc/t10/s2701)**]** ###

(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 not carry out the pilot program after September 30, 2003. ###

(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 the facilities that generated the economic incentives providing the basis for the amounts. #####

(B)The total amount allocated under this paragraph in a fiscal year from sales of economic incentives may not equal or exceed $500,000. ####

(3)If after crediting under paragraph

(1)a balance remains in excess of an amount equal to the limitation set forth in paragraph (2)(B), the amount of the excess shall be covered over into the Treasury as miscellaneous receipts. ####

(4)Funds credited under paragraph

(1)or allocated under paragraph

(2)shall be merged with the funds to which credited or allocated, as the case may be, and shall be available for the same purposes and for the same period as the funds with which merged. ###

(d)Definitions In this section: ####

(1)The term “**base closure law**” means the following: #####

(A)Section 2687 of title 10, United States Code. #####

(B)Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). #####

(C)The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). ####

(2)The term “**economic incentives for the reduction of emission of air pollutants**” means any transferable economic incentives (including marketable permits and emission rights) necessary or appropriate to meet air quality requirements under the Clean Air Act (42 U.S.C. 7401 et seq.). **[**Section 391 was repealed by section 812(b)(13) of division A of Public Law 115–232.**]**

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