42 U.S.C. § 7259: Use of facilities

Summary

Lets the Secretary of Energy and the Federal Energy Regulatory Commission use research, equipment, and facilities of U.S. agencies, state or local governments, territories, possessions, or foreign governments when those owners agree. They can do this with or without charging for it. The Secretary may allow public or private groups or people to use property he manages for up to five years on terms and rates he sets in the public interest. He can require users to repair and maintain the property at their own cost. Payments go to the U.S. Treasury and may be withdrawn to pay costs, repay or advance appropriations, refund extra amounts, or be put into a working capital fund (including the fund under section 7263). Excess property: defined in section 102(3) of title 40.

Title 42, §7259

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(a)Facilities of United States and foreign governments

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)Facilities under custody of Secretary

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)Use of reimbursement proceeds

Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Secretary or the head of the agency or instrumentality of the United States involved, as the case may be, to pay directly the costs of the equipment, or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.

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.

§7259 Use of Facilities

Summary

Title 42, §7259

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata