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Title 40 — Public Buildings, Property, and WorksRelease 119-73

§17904 Implementation powers and limitations

Title 40 › Subtitle SUBTITLE VI— - MISCELLANEOUS › Chapter CHAPTER 179— - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP › § 17904

Last updated Apr 6, 2026|Official source

Summary

A federal agency cannot build a new power plant, change an existing one, or use backup equipment just to meet the electricity needs of someone who is not part of the federal government. Money a federal agency gets from selling electricity under section 17902 can be used without fiscal year limits to buy fuel and to pay for operating, maintaining, and other costs of that facility. The agency head decides how long and under what terms to sell or buy power, but those decisions must follow this law and the head’s other legal duties. Any contract to buy or sell power must be negotiated and signed by that agency head.

Full Legal Text

Title 40, §17904

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)This chapter does not require or authorize a federal agency to construct a new electric generating facility or related facility, to modify an existing facility, or to employ reserve or standby equipment to accommodate the needs of a non-federal person for electric energy.
(b)Revenue received by a federal agency pursuant to section 17902 of this title from the sale of electric energy generated from a facility of that agency is available to the agency without fiscal year limitation to purchase fuel and for operation, maintenance, and other costs associated with that facility.
(c)The authority under this chapter shall be exercised for those periods and pursuant to terms and conditions that the head of the federal agency concerned decides are necessary consistent with—
(1)this chapter; and
(2)responsibilities of the head of the federal agency under other law.
(d)A contract or other agreement executed under this chapter shall be negotiated and executed by the head of the federal agency selling or purchasing electric energy under this chapter.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1790440:795c.Pub. L. 96–571, § 5, Dec. 22, 1980, 94 Stat. 3342. In subsection (a), the words “federal agency” are substituted for “department, agency, or instrumentality of the United States Government” because of the definition of “federal agency” in section 17901 of this title. In subsection (d), the words “notwithstanding any other provision of law” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

40 U.S.C. § 17904

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73