42 U.S.C. § 8373 : US Code - Section 8373: Conservation in Federal facilities, contracts, and financial assistance programs

Search 42 U.S.C. § 8373 : US Code - Section 8373: Conservation in Federal facilities, contracts, and financial assistance programs

(a) Federal facilities
(1) Each Federal agency owning or operating any electric
powerplant shall comply with any prohibition, term, condition, or
other substantial or procedural requirement under this chapter, to
the same extent as would be the case if such powerplant were owned
or operated by a nongovernmental person.
(2) The President may, by order, exempt from the application of
paragraph (1) any powerplant owned or operated by any Federal
agency, if the President determines that -
(A) such use is in the paramount interest of the United States
and that the powerplant involved is a component of or is used
solely in connection with any weaponry, equipment, aircraft,
vessels, vehicles or other classes or categories of property
which -
(i) are owned or operated by the Armed Forces of the United
States (including the Coast Guard) or by the National Guard of
any State; and
(ii) are uniquely military in nature; or
(B) there is a lack of appropriation for such use but only if
the President specifically requested such appropriations as a
part of the budgetary process and the Congress failed to make
available such requested appropriation.
Such order shall not take effect until 60 days after a copy of such
order has been transmitted to each House of the Congress. The
President shall review each such determination every 2 years and
submit a report to the Congress on the results of such review.
(b) Federal contracts and financial assistance
(1) In order to implement the purposes of this chapter, the
President shall, not later than 30 days after the effective date of
this chapter, issue an order -
(A) requiring each Federal agency which is authorized to extend
Federal assistance by way of grant, loan, contract, or other form
of financial assistance, to promptly effectuate the purposes of
this chapter relating to the conservation of petroleum and
natural gas, by rule, in such contracting or assistance
activities within 180 days after issuance of such order, and
(B) setting forth procedures, sanctions, penalties, and such
other provisions as the President determines necessary to carry
out such requirement effectively, including a requirement that
each agency annually transmit to the President, and make
available to the public, a report on the actions taken and to be
taken to implement such order.
(2) The President may exempt by order any specific grant, loan,
contract, or other form of financial assistance from all or part of
the provisions of this subsection if he determines such exemption
is in the national interest. The President shall notify the
Congress in writing of such exemption at least 60 days before it is
effective.
(3) The President or any Federal agency may not use the authority
granted under paragraph (1) to require compliance, including the
use of coal, by any person or facility with any prohibition under
other sections of this chapter if such person or facility has been
specifically determined by the Secretary as subject to such
prohibition or has been exempted from the application of such
prohibition.