Pub. L. 106-65, div. B, tit. XXVIII, subtit. B, sec. 2812
ENHANCEMENT OF AUTHORITY RELATING TO UTILITY PRIVATIZATION.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY PRIVATIZATION. (a) Extended Contracts for Utility Services.—Subsection (c) of section 2688 of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) A contract for the receipt of utility services as consideration under paragraph (1), or any other contract for utility services entered into by the Secretary concerned in connection with the conveyance of a utility system under this section, may be for a period not to exceed 50 years.”. (b) Definition of Utility System.—Subsection (g)(2)(B) of such section is amended by striking “Easements” and inserting “Real property, easements,”. (c) Funds to Facilitate Privatization.—Such section is further amended— (1) by redesignating subsections (g) and (h) as subsections (i) and (j), respectively; and (2) by inserting after subsection (f) the following new subsection: “(g) Assistance for Construction, Repair, or Replacement of Utility Systems.—In lieu of carrying out a military construction project to construct, repair, or replace a utility system, the Secretary concerned may use funds authorized and appropriated for the project to facilitate the conveyance of the utility system under this section by making a contribution toward the cost of construction, repair, or replacement of the utility system by the entity to which the utility system is being conveyed. The Secretary concerned shall consider any such contribution in the economic analysis required under subsection (e).”.