§ 7256. Contracts, leases, etc., with public agen-
cies and private organizations and persons
(a) General authority
The Secretary is authorized to enter into and
perform such contracts, leases, cooperative
agreements, or other similar transactions with
public agencies and private organizations and
persons, and to make such payments (in lump
sum or installments, and by way of advance or
reimbursement) as he may deem to be necessary
or appropriate to carry out functions now or
hereafter vested in the Secretary.
(b) Limitation on authority; appropriations
Notwithstanding any other provision of this
subchapter, no authority to enter into contracts
or to make payments under this subchapter
shall be effective except to such extent or in
such amounts as are provided in advance in ap-
propriation Acts.
(c) Leasing of excess Department of Energy prop-
erty
The Secretary may lease, upon terms and con-
ditions the Secretary considers appropriate to
promote national security or the public interest,
acquired real property and related personal
property that—
(1) is located at a facility of the Department
of Energy to be closed or reconfigured;
(2) at the time the lease is entered into, is
not needed by the Department of Energy; and
(3) is under the control of the Department of
Energy.
(d) Terms of lease
(1) A lease entered into under subsection (c)
may not be for a term of more than 10 years, ex-
cept that the Secretary may enter into a lease
that includes an option to renew for a term of
more than 10 years if the Secretary determines
that entering into such a lease will promote the
national security or be in the public interest.
(2) A lease entered into under subsection (c)
may provide for the payment (in cash or in kind)
by the lessee of conside
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_cd4f1b10920fce14169ae457 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-7256-contracts-leases-etc-with-public-agen--86c3531f9d.md Pages: Not recorded – Not recorded Passage SHA-256: 0c49a479d57027c2d95f127fd5617bc9bf85afab770449af38f2224991058504 Retained source evidence SHA-256: 0ab8034ad063d80d77856e0ab47bc3a6440dd7fd81bcef205ba4e87ac9678114
Page 7087
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7256
Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)(2)], added
subsec. (b) relating to authority of Secretary as to Na-
tional Nuclear Security Administration.
§ 7254. Rules and regulations
The Secretary is authorized to prescribe such
procedural and administrative rules and regula-
tions as he may deem necessary or appropriate
to administer and manage the functions now or
hereafter vested in him.
(Pub. L. 95–91, title VI, § 644, Aug. 4, 1977, 91 Stat.
599.)
§ 7255. Subpoena
For the purpose of carrying out the provisions
of this chapter, the Secretary, or his duly au-
thorized agent or agents, shall have the same
powers and authorities as the Federal Trade
Commission under section 49 of title 15 with re-
spect to all functions vested in, or transferred or
delegated to, the Secretary or such agents by
this chapter. For purposes of carrying out its re-
sponsibilities under the Natural Gas Policy Act
of 1978 [15 U.S.C. 3301 et seq.], the Commission
shall have the same powers and authority as the
Secretary has under this section.
(Pub. L. 95–91, title VI, § 645, Aug. 4, 1977, 91 Stat.
599; Pub. L. 95–621, title V, § 508(a), Nov. 9, 1978,
92 Stat. 3408.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat.
565, known as the Department of Energy Organization
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 7101 of this title
and Tables.
The Natural Gas Policy Act of 1978, referred to in
text, is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350, which
is classified generally to chapter 60 (§ 3301 et seq.) of
Title 15, Commerce and Trade. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 3301 of Title 15 and Tables.
AMENDMENTS
1978—Pub. L. 95–621 inserted provision giving the
Commission the same powers and authority as the Sec-
retary under this section for purposes of carrying out
its responsibilities under the Natural Gas Policy Act of
1978.
§ 7256. Contracts, leases, etc., with public agen-
cies and private organizations and persons
(a) General authority
The Secretary is authorized to enter into and
perform such contracts, leases, cooperative
agreements, or other similar transactions with
public agencies and private organizations and
persons, and to make such payments (in lump
sum or installments, and by way of advance or
reimbursement) as he may deem to be necessary
or appropriate to carry out functions now or
hereafter vested in the Secretary.
(b) Limitation on authority; appropriations
Notwithstanding any other provision of this
subchapter, no authority to enter into contracts
or to make payments under this subchapter
shall be effective except to such extent or in
such amounts as are provided in advance in ap-
propriation Acts.
(c) Leasing of excess Department of Energy prop-
erty
The Secretary may lease, upon terms and con-
ditions the Secretary considers appropriate to
promote national security or the public interest,
acquired real property and related personal
property that—
(1) is located at a facility of the Department
of Energy to be closed or reconfigured;
(2) at the time the lease is entered into, is
not needed by the Department of Energy; and
(3) is under the control of the Department of
Energy.
(d) Terms of lease
(1) A lease entered into under subsection (c)
may not be for a term of more than 10 years, ex-
cept that the Secretary may enter into a lease
that includes an option to renew for a term of
more than 10 years if the Secretary determines
that entering into such a lease will promote the
national security or be in the public interest.
(2) A lease entered into under subsection (c)
may provide for the payment (in cash or in kind)
by the lessee of consideration in an amount that
is less than the fair market rental value of the
leasehold interest. Services relating to the pro-
tection and maintenance of the leased property
may constitute all or part of such consideration.
(e) Environmental concerns
(1) Before entering into a lease under sub-
section (c), the Secretary shall consult with the
Administrator of the Environmental Protection
Agency (with respect to property located on a
site on the National Priorities List) or the ap-
propriate State official (with respect to property
located on a site that is not listed on the Na-
tional Priorities List) to determine whether the
environmental conditions of the property are
such that leasing the property, and the terms
and conditions of the lease agreement, are con-
sistent with safety and the protection of public
health and the environment.
(2) Before entering into a lease under sub-
section (c), the Secretary shall obtain the con-
currence of the Administrator of the Environ-
mental Protection Agency or the appropriate
State official, as the case may be, in the deter-
mination required under paragraph (1). The Sec-
retary may enter into a lease under subsection
(c) without obtaining such concurrence if, with-
in 60 days after the Secretary requests the con-
currence, the Administrator or appropriate
State official, as the case may be, fails to sub-
mit to the Secretary a notice of such individ-
ual’s concurrence with, or rejection of, the de-
termination.
(f) Retention and use of rentals; report
To the extent provided in advance in appro-
priations Acts, the Secretary may retain and
use money rentals received by the Secretary di-
rectly from a lease entered into under sub-
section (c) in any amount the Secretary con-
siders necessary to cover the administrative ex-
penses of the lease, the maintenance and repair
of the leased property, or environmental res-
Page 7088
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7256
1 See References in Text note below.
toration activities at the facility where the
leased property is located. Amounts retained
under this subsection shall be retained in a sepa-
rate fund established in the Treasury for such
purpose. The Secretary shall annually submit to
the Congress a report on amounts retained and
amounts used under this subsection.
(g) Additional authorities
(1) In addition to authority granted to the Sec-
retary under any other provision of law, the Sec-
retary may exercise the same authority to enter
into transactions (other than contracts, cooper-
ative agreements, and grants), subject to the
same terms and conditions as the Secretary of
Defense under section 2371 1 of title 10 (other
than subsections (b) and (f) of that section).
(2) In applying section 2371 1 of title 10 to the
Secretary under paragraph (1)—
(A) the term ‘‘basic’’ shall be replaced by the
term ‘‘research’’;
(B) the term ‘‘applied’’ shall be replaced by
the term ‘‘development’’; and
(C) the terms ‘‘advanced research projects’’
and ‘‘advanced research’’ shall be replaced by
the term ‘‘demonstration projects’’.
(3) The authority of the Secretary under para-
graph (1) shall not be subject to—
(A) section 5908 of this title; or
(B) section 2182 of this title.
(4)(A) The Secretary shall use such competi-
tive, merit-based selection procedures in enter-
ing into transactions under paragraph (1), as the
Secretary determines in writing to be prac-
ticable.
(B) A transaction under paragraph (1) shall re-
late to a research, development, or demonstra-
tion project only if the Secretary determines in
writing that the use of a standard contract,
grant, or cooperative agreement for the project
is not feasible or appropriate.
(5) PROTECTION FROM DISCLOSURE.—
(A) IN GENERAL.—The Secretary may protect
from disclosure any information developed
pursuant to a transaction under paragraph (1)
that would be protected from disclosure under
section 552(b)(4) of title 5, if obtained from a
person other than a Federal agency—
(i) for up to 5 years after the date on which
the information is developed; or
(ii) for up to 30 years after the date on
which the information is developed, if the
Secretary determines that the nature of the
technology under the transaction, including
nuclear technology, could reasonably re-
quire an extended period of protection from
disclosure to reach commercialization.
(B) EXTENSION DURING TERM.—The Secretary
may extend the period of protection from dis-
closure during the term of any transaction de-
scribed in subparagraph (A) in accordance
with that subparagraph.
(6)(A) Not later than 90 days after August 8,
2005, the Secretary shall issue guidelines for
transactions under paragraph (1).
(B) The guidelines shall be published in the
Federal Register for public comment in accord-
ance with rulemaking procedures of the Depart-
ment.
(C) The Secretary shall not have authority to
carry out transactions under paragraph (1) until
the guidelines for transactions required under
subparagraph (A) are final.
(7) The annual report of the head of an execu-
tive agency under section 2371(h) 1 of title 10
shall be submitted to Congress.
(8)(A) In this paragraph, the term ‘‘nontradi-
tional Government contractor’’ has the meaning
given the term ‘‘nontraditional defense con-
tractor’’ in section 845(f) 1 of the National De-
fense Authorization Act for Fiscal Year 1994
(Public Law 103–160; 10 U.S.C. 2371 note).
(B) Not later than 1 year after the date on
which the final guidelines are published under
paragraph (6), the Comptroller General of the
United States shall submit to Congress a report
describing—
(i) the use by the Department of authorities
under this section, including the ability to at-
tract nontraditional Government contractors;
and
(ii) whether additional safeguards are nec-
essary to carry out the authorities.
(9) The authority of the Secretary under this
subsection may be delegated only to an officer
of the Department who is appointed by the
President by and with the advice and consent of
the Senate.
(10) Notwithstanding any other provision of
law, the authority to enter into transactions
under paragraph (1) shall terminate on Sep-
tember 30, 2030.
(Pub. L. 95–91, title VI, § 646, Aug. 4, 1977, 91 Stat.
599; Pub. L. 103–160, div. C, title XXXI, § 3154,
Nov. 30, 1993, 107 Stat. 1952; Pub. L. 109–58, title
X, § 1007, Aug. 8, 2005, 119 Stat. 932; Pub. L.
111–383, div. C, title XXXI, § 3118, Jan. 7, 2011, 124
Stat. 4514; Pub. L. 113–66, div. C, title XXXI,
§ 3119, Dec. 26, 2013, 127 Stat. 1059; Pub. L. 116–260,
div. Z, title IX, § 9006(a), Dec. 27, 2020, 134 Stat.
2599; Pub. L. 117–58, div. D, title III, § 40322(c),
Nov. 15, 2021, 135 Stat. 1019.)
Editorial Notes
REFERENCES IN TEXT
Section 2371 of title 10, referred to in subsec. (g)(1),
(2), was renumbered section 4021 of title 10 by Pub. L.
116–283, § 1841(b)(1), as amended by Pub. L. 117–81,
§ 1701(u)(2)(B), Dec. 27, 2021, 135 Stat. 2151.
Section 2371(h) of title 10, referred to in subsec. (g)(7),
was repealed by Pub. L. 113–291, div. A, title X,
§ 1071(f)(20), Dec. 19, 2014, 128 Stat. 3511.
Section 845(f) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
2371 note), referred to in subsec. (g)(8)(A), was repealed
by Pub. L. 114–92, div. A, title VIII, § 815(c), Nov. 25,
2015, 129 Stat. 896. See section 4022(e) of Title 10, Armed
Forces.
AMENDMENTS
2021—Subsec. (g)(5). Pub. L. 117–58 inserted par. head-
ing, designated existing provisions as subpar. (A), in-
serted subpar. (A) heading, struck out ‘‘, for up to 5
years after the date on which the information is devel-
oped,’’ before ‘‘any information’’, substituted ‘‘agen-
cy—’’ and cls. (i) and (ii) for ‘‘agency.’’, and added sub-
par. (B).
2020—Subsec. (g)(10). Pub. L. 116–260 substituted ‘‘Sep-
tember 30, 2030’’ for ‘‘September 30, 2020’’.
Page 7089
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§§ 7256a, 7256b
2013—Subsec. (g)(10). Pub. L. 113–66 substituted ‘‘Sep-
tember 30, 2020’’ for ‘‘September 30, 2015’’.
2011—Subsec. (g)(10). Pub. L. 111–383 substituted ‘‘Sep-
tember 30, 2015’’ for ‘‘September 30, 2010’’.
2005—Subsec. (g). Pub. L. 109–58 added subsec. (g).
1993—Subsecs. (c) to (f). Pub. L. 103–160 added subsecs.
(c) to (f).
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
thority of Secretary of Labor, see section 18851 of this
title.
SMALL BUSINESS CONTRACTING
Pub. L. 109–13, div. A, title VI, § 6022(a), (b), May 11,
2005, 119 Stat. 285, provided that:
‘‘(a) Not later than September 30, 2005, the Depart-
ment of Energy and the Small Business Administration
shall enter into a memorandum of understanding set-
ting forth an appropriate methodology for measuring
the achievement of the Department of Energy with re-
spect to awarding contracts to small businesses.
‘‘(b) The methodology set forth in the memorandum
of understanding entered into under subsection (a)
shall, at a minimum, include—
‘‘(1) a method of counting the achievement of the
Department of Energy in awards of—
‘‘(A) prime contracts; and
‘‘(B) subcontracts to small businesses awarded by
Department of Energy management and operating,
management and integration, and other facility
management prime contractors; and
‘‘(2) uniform criteria that could be used by prime
contractors when measuring the value and number of
subcontracts awarded to small businesses.’’
PILOT
PROGRAM
RELATING
TO
USE
OF
PROCEEDS
OF
DISPOSAL
OR UTILIZATION
OF CERTAIN DEPARTMENT
OF ENERGY ASSETS
Pub. L. 105–85, div. C, title XXXI, § 3138, Nov. 18, 1997,
111 Stat. 2039, which was formerly set out as a note
under this section, was renumbered section 4833 of Pub.
L. 107–314, the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C,
title XXXI, § 3141(k)(13)(A)–(C), Nov. 24, 2003, 117 Stat.
1786, and is classified to section 2813 of Title 50, War
and National Defense.
CONTRACT
GOAL
FOR
SMALL
DISADVANTAGED
BUSI-
NESSES
AND CERTAIN INSTITUTIONS
OF HIGHER EDU-
CATION
Pub. L. 103–160, div. C, title XXXI, § 3159, Nov. 30, 1993,
107 Stat. 1956, as amended by Pub. L. 103–337, div. A,
title X, § 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857, provided
that:
‘‘(a) GOAL.—Except as provided in subsection (c), a
goal of 5 percent of the amount described in subsection
(b) shall be the objective of the Department of Energy
in carrying out national security programs of the De-
partment in each of fiscal years 1994 through 2000 for
the total combined amount obligated for contracts and
subcontracts entered into with—
‘‘(1) small business concerns, including mass media
and advertising firms, owned and controlled by so-
cially and economically disadvantaged individuals (as
such term is used in section 8(d) of the Small Busi-
ness Act (15 U.S.C. 637(d)) and regulations issued
under that section), the majority of the earnings of
which directly accrue to such individuals;
‘‘(2) historically Black colleges and universities, in-
cluding any nonprofit research institution that was
an integral part of such a college or university before
November 14, 1986; and
‘‘(3) minority institutions (as defined in section
1046(3) of the Higher Education Act of 1965 (20 U.S.C.
1135d-5(3))), which, for the purposes of this section,
shall include Hispanic-serving institutions (as defined
in section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1))).
‘‘(b) AMOUNT.—(1) Except as provided in paragraph (2),
the requirements of subsection (a) for any fiscal year
apply to the combined total of the funds obligated for
contracts entered into by the Department of Energy
pursuant to competitive procedures for such fiscal year
for purposes of carrying out national security programs
of the Department.
‘‘(2) In computing the combined total of funds under
paragraph (1) for a fiscal year, funds obligated for such
fiscal year for contracts for naval reactor programs
shall not be included.
‘‘(c) APPLICABILITY.—Subsection (a) does not apply—
‘‘(1) to the extent to which the Secretary of Energy
determines that compelling national security consid-
erations require otherwise; and
‘‘(2) if the Secretary notifies the Congress of such a
determination and the reasons for the determina-
tion.’’
SMALL
BUSINESS
CONCERNS
PARTICIPATION
IN
PRO-
GRAMS FUNDED BY DEPARTMENT OF ENERGY ACT OF
1978—CIVILIAN
APPLICATIONS; REPORT
TO
CONGRES-
SIONAL COMMITTEES
Pub. L. 95–238, title II, § 204, Feb. 25, 1978, 92 Stat. 59,
as amended by Pub. L. 96–470, title II, § 203(f), Oct. 19,
1980, 94 Stat. 2243, provided that:
‘‘(a) In carrying out the programs for which funds are
authorized by this Act [see Tables for classification],
the Secretary of Energy shall provide a realistic and
adequate opportunity for small business concerns to
participate in such programs to the optimum extent
feasible consistent with the size and nature of the
projects and activities involved.
‘‘(b) The Secretary of Energy shall submit annually
to the appropriate committees of the House of Rep-
resentatives and the Senate a full report on the actions
taken in carrying out subsection (a) during the pre-
ceding year, including the extent to which small busi-
ness concerns are participating in the programs in-
volved and in projects and activities of various types
and sizes within each such program, and indicating the
steps currently taken to assure such participation in
the future. Such report shall also contain such infor-
mation as may be required by section 308 of the Act of
December 31, 1975 (42 U.S.C. 5878a; 89 Stat. 1074).’’
[For termination, effective May 15, 2000, of reporting
provisions in section 204(b) of Pub. L. 95–238, set out
above, see section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and
Finance, and the 21st item on page 89 of House Docu-
ment No. 103–7.]
§§ 7256a, 7256b. Transferred
Editorial Notes
CODIFICATION
Section 7256a, Pub. L. 99–145, title XV, § 1534, Nov. 8,
1985, 99 Stat. 774; Pub. L. 100–180, div. C, title I, § 3131(a),
Dec. 4, 1987, 101 Stat. 1238, which related to costs not al-
lowed under covered contracts, was renumbered section
4801 of Pub. L. 107–314, the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, by Pub. L.
108–136, div. C, title XXXI, § 3141(k)(2)(A)–(C), Nov. 24,
2003, 117 Stat. 1783, and is classified to section 2781 of
Title 50, War and National Defense.
Section 7256b, Pub. L. 101–189, div. C, title XXXI,
§ 3151, Nov. 29, 1989, 103 Stat. 1682, which related to the
prohibition of bonuses to contractors operating defense
nuclear facilities, was renumbered section 4802 of Pub.
L. 107–314, the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003, by Pub. L. 108–136, div. C,
title XXXI, § 3141(k)(3)(A)–(C), Nov. 24, 2003, 117 Stat.
1783, and is classified to section 2782 of Title 50, War
and National Defense.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Page 1907
TITLE 10—ARMED FORCES
[§ 2378
[§ 2361a. Renumbered § 4142]
[§ 2362. Renumbered § 4144]
Editorial Notes
PRIOR PROVISIONS
A prior section 2362, added Pub. L. 99–145, title I,
§ 123(a)(1), Nov. 8, 1985, 99 Stat. 599; amended Pub. L.
99–433, title I, § 110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub.
L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284, which re-
lated to testing requirements for wheeled or tracked
armored vehicles, was repealed by Pub. L. 103–160, div.
A, title VIII, § 821(a)(3), Nov. 30, 1993, 107 Stat. 1704.
[§ 2363. Renumbered § 4123]
Editorial Notes
PRIOR PROVISIONS
A prior section 2363, added Pub. L. 99–145, title XIV,
§ 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encourage-
ment of technology transfer, prior to repeal by Pub. L.
102–484, div. D, title XLII, §§ 4224(c), 4271(a)(2), Oct. 23,
1992, 106 Stat. 2683, 2695. See section 4832 of this title.
[§ 2364. Omitted]
Editorial Notes
CODIFICATION
Section catchline and subsec. (a) were transferred to
chapter 301 and redesignated as section 4014 of this
title. Subsecs. (b) and (c) were transferred to sub-
chapter III of chapter 303 and redesignated as subsecs.
(a) and (b), respectively, of section 4125 of this title.
[§ 2365. Renumbered § 4066]
Editorial Notes
PRIOR PROVISIONS
A prior section 2365, added Pub. L. 99–500, § 101(c)
[title X, § 909(a)(1), formerly § 909(a)], Oct. 18, 1986, 100
Stat. 1783–82, 1783–142, and Pub. L. 99–591, § 101(c) [title
X, § 909(a)(1), formerly § 909(a)], Oct. 30, 1986, 100 Stat.
3341–82, 3341–142, redesignated § 909(a)(1), Pub. L. 100–26,
§ 4(b), Apr. 21, 1987, 101 Stat. 274; Pub. L. 99–661, div. A,
title IX, formerly title IV, § 909(a)(1), Nov. 14, 1986, 100
Stat. 3921, renumbered title IX, Pub. L. 100–26, § 3(5),
Apr. 21, 1987, 101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 2371. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to prescribe maximum lawful prices** Nothing in this chapter shall affect the authority of any State to establish or enforce any maximum lawful price for the first sale of natural gas produced in such State.
**(b) Common carriers** No person shall be subject to regulation as a common carrier under any provision of Federal or State law by reason of any transportation—
(1) pursuant to any order under section 3362(c) or section 3363(b), (c), (d), or (i) of this title; or
(2) authorized by the Commission under [section 3371(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3371/a&num=0&edition=prelim).
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 3301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3301. Definitions
For purposes of this chapter—
(1) Natural gas
The term ‘‘natural gas’’ means either nat-
ural gas unmixed, or any mixture of natural
and artificial gas.
(2) Well
The term ‘‘well’’ means any well for the dis-
covery or production of natural gas, crude oil,
or both.
(3) New well
The term ‘‘new well’’ means any well—
(A) the surface drilling of which began on
or after February 19, 1977; or
(B) the depth of which was increased, by
means of drilling on or after February 19,
1977, to a completion location which is lo-
cated at least 1,000 feet below the depth of
the deepest completion location of such well
attained before February 19, 1977.
(4) Old well
The term ‘‘old well’’ means any well other
than a new well.
(5) Marker well
(A) General rule
The term ‘‘marker well’’ means any well
from which natural gas was produced in
commercial quantities at any time after
January 1, 1970, and before April 20, 1977.
(B) New wells
The term ‘‘marker well’’ does not include
any new well under paragraph (3)(A) but in-
cludes any new well under paragraph (3)(B) if
such well qualifies as a marker well under
subparagraph (A) of this paragraph.
(6) Reservoir
The term ‘‘reservoir’’ means any producible
natural accumulation of natural gas, crude
oil, or both, confined—
(A) by impermeable rock or water barriers
and characterized by a single natural pres-
sure system; or
(B) by lithologic or structural barriers
which prevent pressure communication.
(7) Completion location
(A) General rule
The term ‘‘completion location’’ means
any subsurface location from which natural
gas is being or has been produced in com-
mercial quantities.
(B) Marker well
The term ‘‘completion location’’, when
used with reference to any marker well,
means any su
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 3301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 637. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 637. Additional powers
(a) Procurement contracts; subcontracts to dis-
advantaged small business concerns; per-
formance bonds; contract negotiations; defi-
nitions; eligibility; determinations; publica-
tion; recruitment; construction subcontracts;
annual estimates; Indian tribes
(1) It shall be the duty of the Administration
and it is hereby empowered, whenever it deter-
mines such action is necessary or appropriate—
(A) to enter into contracts with the United
States Government and any department, agen-
cy, or officer thereof having procurement pow-
ers obligating the Administration to furnish
articles, equipment, supplies, services, or ma-
terials to the Government or to perform con-
struction work for the Government. In any
case in which the Administration certifies to
any officer of the Government having procure-
ment powers that the Administration is com-
petent and responsible to perform any specific
Government procurement contract to be let by
any such officer, such officer shall be author-
ized in his discretion to let such procurement
contract to the Administration upon such
terms and conditions as may be agreed upon
between the Administration and the procure-
ment officer. Whenever the Administration
and such procurement officer fail to agree, the
matter shall be submitted for determination
to the Secretary or the head of the appro-
priate department or agency by the Adminis-
trator. Not later than 5 days from the date the
Administration is notified of a procurement
officer’s adverse decision, the Administration
may notify the contracting officer of the in-
tent to appeal such adverse decision, and with-
in 15 days of such date the Administrator shall
file a written request for a reconsideration of
the adverse decision with the Secreta
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 637. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Goals** Any application for a grant under this part shall describe measurable goals for the institution’s financial management and academic programs, and include a plan of how the applicant intends to achieve those goals.
**(b) Continuation requirements** Any continuation application shall demonstrate the progress made toward achievement of the goals described pursuant to subsection (a).
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1059c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1059c. American Indian tribally controlled col-
leges and universities
(a) Program authorized
The Secretary shall provide grants and related
assistance to Tribal Colleges and Universities to
enable such institutions to improve and expand
their capacity to serve Indian students.
(b) Definitions
In this section:
(1) Indian
The term ‘‘Indian’’ has the meaning given
the term in section 2 of the Tribally Con-
Page 279
TITLE 20—EDUCATION
§ 1059c
1 See References in Text note below.
trolled Colleges and Universities Assistance
Act of 1978 [25 U.S.C. 1801].
(2) Indian tribe
The term ‘‘Indian tribe’’ has the meaning
given the term in section 2 of the Tribally
Controlled Colleges and Universities Assist-
ance Act of 1978 [25 U.S.C. 1801].
(3) Tribal College or University
The term ‘‘Tribal College or University’’
means an institution that—
(A) qualifies for funding under the Tribally
Controlled Colleges and Universities Assist-
ance Act of 1978 (25 U.S.C. 1801 et seq.) or the
Navajo Community College Act (25 U.S.C.
640a note); 1 or
(B) is cited in section 532 of the Equity in
Educational Land-Grant Status Act of 1994
(7 U.S.C. 301 note).
(4) Institution of higher education
The term ‘‘institution of higher education’’
means an institution of higher education as
defined in section 1001(a) of this title, except
that paragraph (2) of such section shall not
apply.
(c) Authorized activities
(1) In general
Grants awarded under this section shall be
used by Tribal Colleges or Universities to as-
sist such institutions to plan, develop, under-
take, and carry out activities to improve and
expand such institutions’ capacity to serve In-
dian students.
(2) Examples of authorized activities
The activities described in paragraph (1)
may include—
(A)
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1059c. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Administrator shall keep the appropriate congressional committees fully and currently informed with respect to all of the Administration’s activities.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5878a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5878a. Funding and encouragement of small
business; information for inclusion in report
The Secretary of Energy shall,1 include, in the
report required by section 204(b) of the Depart-
ment of Energy Act of 1978—Civilian Applica-
tions (42 U.S.C. 7256, note; 92 Stat. 60), informa-
tion detailing the extent to which small busi-
ness and nonprofit organizations are being fund-
ed by the nonnuclear research, development, and
demonstration programs of the Secretary of En-
ergy, and the extent to which small business in-
volvement pursuant to section 5801(d) of this
title is being encouraged by the Secretary of En-
ergy.
(Pub. L. 94–187, title III, § 308, Dec. 31, 1975, 89
Stat. 1074; Pub. L. 96–470, title II, § 203(e), Oct. 19,
1980, 94 Stat. 2243.)
Page 6624
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5879
Editorial Notes
REFERENCES IN TEXT
Section 204(b) of the Department of Energy Act 1978—
Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60),
referred to in text, is section 204(b) of Pub. L. 95–238,
title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a
note under section 7256 of this title.
CODIFICATION
Section was not enacted as a part of the Energy Reor-
ganization Act of 1974 which comprises this chapter.
AMENDMENTS
1980—Pub. L. 96–470 substituted ‘‘include, in the re-
port required by section 204(b) of the Department of En-
ergy Act of 1978—Civilian Applications, information’’
for ‘‘by June 30, 1976, and by the end of each fiscal year
thereafter, submit a report to the Committee on
Science and Technology of the House of Representa-
tives and the Committee on Interior and Insular Affairs
of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin-
istrator’’ wherever appearing.
§ 5879. Transfer of funds
The Administrator, when authorize
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5878a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of carrying out the provisions of this chapter, the Secretary, or his duly authorized agent or agents, shall have the same powers and authorities as the Federal Trade Commission under [section 49 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section49&num=0&edition=prelim) with respect to all functions vested in, or transferred or delegated to, the Secretary or such agents by this chapter. For purposes of carrying out its responsibilities under the Natural Gas Policy Act of 1978 [[15 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3301&num=0&edition=prelim) et seq.], the Commission shall have the same powers and authority as the Secretary has under this section.