40 USC § 17904 - Implementation powers and limitations

---
identifier: "/us/usc/t40/s17904"
source: "usc"
legal_status: "official_legal_evidence"
title: "40 USC § 17904 - Implementation powers and limitations"
title_number: 40
title_name: "PUBLIC BUILDINGS, PROPERTY, AND WORKS"
section_number: "17904"
section_name: "Implementation powers and limitations"
chapter_number: 179
chapter_name: "ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)"
---


# § 17904. Implementation powers and limitations

**(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.

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**Source Credit**: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 17904 | 40:795c. | 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 .

In subsection (d), the words “notwithstanding any other provision of law” are omitted as unnecessary.