US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 2916

Sale of electricity from alternate energy and cogeneration production facilities

(a)
16 U.S.C. 2601 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 ( et seq.).
(b)
(1)
Except as provided in paragraph (3), 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)
1
1 See References in Text note below.
section 2805 of this title 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 2911(c)  of this title, including minor military construction projects authorized under that are designed to increase energy conservation.
(3)
In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—
(A)
50 percent shall be credited to the appropriation account described in paragraph (1); and
(B)
50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—
(i)
military construction projects described in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or
(ii)
energy or water security projects that—
(I)
benefit the military installation where the geothermal energy resource is located;
(II)
the commander of the military installation determines are necessary; and
(III)
are directly coordinated with local area energy or groundwater governing authorities.
(c)
section 480 of this title Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress 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 14-day period beginning on the date the notification is received by Congress in an electronic medium pursuant to .

Pub. L. 98–407, title VIII, § 810(a)98 Stat. 1523Pub. L. 103–160, div. B, title XXVIII, § 2802107 Stat. 1884Pub. L. 105–85, div. A, title III, § 371(b)(2)111 Stat. 1705Pub. L. 108–136, div. A, title X, § 1031(a)(49)117 Stat. 1602Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1)120 Stat. 2494Pub. L. 115–91, div. B, title XXVIII131 Stat. 1845Pub. L. 115–232, div. A, title III, § 313132 Stat. 1711Pub. L. 116–92, div. A, title III, § 318133 Stat. 1305(Added , , , § 2483; amended , , ; renumbered § 2867, , , ; , , ; renumbered § 2916 and amended , (3)(B), , ; , §§ 2801(e)(2), 2831(c)(3), , , 1858; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 95–61792 Stat. 3117section 2601 of Title 16The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is , , , as amended. For complete classification of this Act to the Code, see Short Title note set out under , Conservation, and Tables.

Section 2911(c) of this titlePub. L. 115–91section 2911(b) of this titlePub. L. 115–91, referred to in subsec. (b)(2), was, prior to amendment by , a reference to . redesignated subsec. (b) of section 2911, relating to the development of an energy performance master plan, as (d), not (c).

Amendments

Pub. L. 116–922019—Subsec. (b)(3)(B). substituted “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—” for “shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.” and added cls. (i) and (ii).

Pub. L. 115–232, § 313(1)2018—Subsec. (b)(1). , substituted “Except as provided in paragraph (3), proceeds” for “Proceeds”.

Pub. L. 115–232, § 313(2)Subsec. (b)(3). , added par. (3).

Pub. L. 115–91, § 2831(c)(3)2017—Subsec. (b)(2). , substituted “2911(c)” for “2911(b)”.

Pub. L. 115–91, § 2801(e)(2)Subsec. (c). , struck out “in writing” after “notify Congress” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by Congress” and substituted “14-day period” for “21-day period”.

Pub. L. 109–364, § 2851(b)(1)section 2867 of this title2006—, renumbered as this section.

Pub. L. 109–364, § 2851(b)(3)(B)Subsec. (b)(2). , substituted “2911(b)” for “2865(a)”.

Pub. L. 108–136section 480 of this title2003—Subsec. (c). inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to ”.

Pub. L. 105–85section 2483 of this title1997— renumbered as this section.

Pub. L. 103–160, § 2802(a)1993—Subsec. (b). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 103–160, § 2802(b)Subsec. (c). , added subsec. (c).