Conservation in Federal facilities, contracts, and financial assistance programs

42 U.S. Code § 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.
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