---
kind: "section"
citation: "42 U.S.C. § 7259"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7259"
heading: "Use of facilities"
release: "119-102"
url: "https://uscodex.org/usc/42/7259"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter VI — Administrative Provisions"
  - "Part C — General Administrative Provisions"
---

# §7259. Use of facilities

- (a) **Facilities of United States and foreign governments—** With their consent, the [Secretary](/usc/42/242q–4.md?p=2) and the Federal [Energy](/usc/42/6311.md?p=7) Regulatory [Commission](/usc/42/2000ff.md?p=1) may, with or without reimbursement, use the research, equipment, and [facilities](/usc/42/11049.md?p=4) of any agency or instrumentality of the [United States](/usc/42/403.md?p=k) or of any [State](/usc/42/201.md?p=f), the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the [United States](/usc/42/403.md?p=k), or of any political subdivision thereof, or of any foreign government, in carrying out any function now or hereafter vested in the [Secretary](/usc/42/242q–4.md?p=2) or the [Commission](/usc/42/2000ff.md?p=1).
- (b) **Facilities under custody of Secretary—** In carrying out his functions, the [Secretary](/usc/42/242q–4.md?p=2), 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](/usc/42/2296b–7.md?p=1), associations, or other organizations or by individuals of any real property, or any [facility](/usc/42/11049.md?p=4), structure, or other improvement thereon, under the custody of the [Secretary](/usc/42/242q–4.md?p=2) for Department purposes. The [Secretary](/usc/42/242q–4.md?p=2) may require permittees under this section to recondition and maintain, at their own expense, the real property, [facilities](/usc/42/11049.md?p=4), structures, and improvements involved to a satisfactory [standard](/usc/42/1320d.md?p=7). This section shall not apply to excess property as defined in [section 102(3) of title 40](/usc/40/102.md?p=3).
- (c) **Use of reimbursement proceeds—** Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the [Secretary](/usc/42/242q–4.md?p=2) or the head of the agency or instrumentality of the [United States](/usc/42/403.md?p=k) involved, as the case may be, to pay directly the costs of the equipment, or [facilities](/usc/42/11049.md?p=4) provided, to repay or make advances to appropriations or [funds](/usc/42/12854.md?p=3) 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](/usc/42/1437a.md?p=b-12) otherwise established by law, including the [fund](/usc/42/12854.md?p=3) established pursuant to [section 7263 of this title](/usc/42/7263.md), and used under the law governing such [fund](/usc/42/12854.md?p=3), if the [fund](/usc/42/12854.md?p=3) is available for use for providing the equipment or [facilities](/usc/42/11049.md?p=4) involved.

## Source credit

(Pub. L. 95–91, title VI, § 649, Aug. 4, 1977, 91 Stat. 600.)

## Notes

### 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.