Title 42The Public Health and WelfareRelease 119-73

§7259 Use of facilities

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER VI— - ADMINISTRATIVE PROVISIONS › Part Part C— - General Administrative Provisions › § 7259

Last updated Apr 6, 2026|Official source

Summary

The Energy Secretary and the Federal Energy Regulatory Commission may use, with permission and with or without payment, research, equipment, or facilities from any U.S. federal, state, local, territorial, or foreign government agency. The Secretary may also let public or private groups use Department land, buildings, or improvements under his care for up to five years. Permit holders can be required to fix and keep the property at their own cost. This does not apply to excess property in section 102(3) of title 40. Money paid back for these uses goes into the U.S. Treasury. The Secretary or the agency head involved can take those funds to pay the costs, to repay or advance appropriations that first covered the costs, or to refund extra payments. The funds may instead be put into a working capital fund established by law, including the fund under section 7263, and used under that fund’s rules if available.

Full Legal Text

Title 42, §7259

The Public Health and Welfare — Source: USLM XML via OLRC

(a)With their consent, the Secretary and the Federal Energy Regulatory Commission may, with or without reimbursement, use the research, equipment, and facilities of any agency or instrumentality of the United States or of any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, or of any political subdivision thereof, or of any foreign government, in carrying out any function now or hereafter vested in the Secretary or the Commission.
(b)In carrying out his functions, the Secretary, under such terms, at such rates, and for such periods not exceeding five years, as he may deem to be in the public interest, is authorized to permit the use by public and private agencies, corporations, associations, or other organizations or by individuals of any real property, or any facility, structure, or other improvement thereon, under the custody of the Secretary for Department purposes. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements involved to a satisfactory standard. This section shall not apply to excess property as defined in section 102(3) of title 40.
(c)Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Secretary or the head of the agency or instrumentality of the United States involved, as the case may be, to pay directly the costs of the equipment, or facilities provided, to repay or make advances to appropriations or funds which do or will initially bear all or a part of such costs, or to refund excess sums when necessary, except that such proceeds may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 7263 of this title, and used under the law governing such fund, if the fund is available for use for providing the equipment or facilities involved.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “section 102(3) of title 40” substituted for “section 3(e) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7259

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73