Title 40 — Public Buildings, Property, and WorksRelease 119-73not60
§17904 Implementation Powers and Limitations
Title 40 › Subtitle SUBTITLE VI— MISCELLANEOUS › Chapter 179— ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP › § 17904
Summary
Federal agencies cannot be required or authorized to build, change, or use standby equipment to meet non‑federal needs. Sales revenue under section 17902 is available without a yearly limit for fuel and operations. The agency head sets the terms, follows this chapter and other law, and must negotiate and sign any contracts.
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 5, 2026
Release point: 119-73not60