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Title 40, Public Buildings, Property, and WorksRelease 119-110

§17904 Implementation Powers and Limitations

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

Last updated Sep 22, 2026|Official source

Summary

Federal agencies may not build new power plants, change existing ones, or use reserve equipment just to meet a private (non-federal) person's need for electricity. Money from sales of power under section 17902 is available to the agency without fiscal year limitation to buy fuel and pay operation and maintenance costs. The agency head decides the time periods and the terms for using these authorities, as needed and consistent with this chapter and other legal duties. Any contract or agreement to sell or buy power under this law must be negotiated and signed by the agency head.

Full Legal Text

Title 40, §17904

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

(a)Accommodation of Needs for Electric Energy.—
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)Availability of Revenue From Sales.—
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)Exercise of Authorities.—
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)Negotiation and Execution of Contracts and Other Agreements.—
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

Sep 22, 2026

Release point: 119-110