EconDefense
IND-33 / Property, construction and housing

Acquire and construct authorized military facilities

Undertake congressionally authorized construction, site preparation, land acquisition, utilities and integral equipment, with planning/design authority.

Action briefPDF dossier · original 168Download record
Authority / instrument · IND-33

Military construction

Property, construction and housing

Statute & instrument
Authority holder

Secretary concerned

What this does not authorize / hard limit

MILCON authority is not permission for any unrelated commercial structure

Recorded executor

USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Continue to actor →

Recorded executing role; this record-specific route is not an additional institutional office.

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedMILCON appropriations; §2807 design is separately permitted within appropriated amounts; current design-notice threshold amended to $5M. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProcess sourcedMILCON is a government authorization, budgeting and construction-agent process; public project delivery does not create an external capital application. Program check: 2026-10-04; see each route for intake status.

Public evidence describes the institution and instrument; it is not approval of an individual transaction.

At a glance

Possible toolIND-33 · Other statutory tools

Authority holder: Secretary concerned

Other statutory tools

Mechanism tags describe the source text; they do not expand the authority.

Availability and verification

Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Program process and intake

Checked 2026-10-04 · process documented. Program evidence is separate from legal authority, available funds and transaction approval.

MILCON is a government authorization, budgeting and construction-agent process; public project delivery does not create an external capital application.

Military construction programming and execution

Who this route serves
Installation project sponsors and contractors competing for subsequently solicited work
Administering office / routing lead
Military department/Defense Agency sponsor; designated USACE or NAVFAC construction agent; component comptroller
Direct implementation

DoDD 4270.5 assigns military-construction execution roles; use the current statutory record for later amended limits.

What this evidence label means
Process and completed project documented

FMR publishes budget instructions; USACE reported completion of Yokota’s combat-arms facility in September 2025.

Status reference date: 2025-09-09 · research checked 2026-10-04

Yokota’s new combat arms facility enhances warfighter readiness in the Indo-Pacific · Completed facility and USACE Japan District construction roleofficial agency news · published 2025-09-09 · Evidence record

Program eligibility

Steps and preparation

Funding, limits and authority relationship

Funding and financial terms

  • budget formulation · Published process; checked 2026-10-04

    MILCON budget documents request project funding; a request does not establish an award or remaining balance.

    DoD FMR Volume 2B Chapter 6, February 2025 · Military Construction/Family Housing budget submission; DD Form 1391 exhibitsofficial financial regulation · Evidence record

Exclusions and limits

Authority relationship source

DoDD 4270.5 Military Construction, Change 1 · Military-department responsibilities and designated construction agentsofficial implementing directive · published 2018-08-31 · Evidence record

Military construction budget instructions →

government budget process: DD 1391 and budget justification requirements; vendors use an actual project solicitation.

Source access and verification notes
  • 10 U.S.C. § 2802 · 2024 edition (GovInfo) · 10 U.S.C. § 2802statute · Evidence record

    Legal record read from current corpus; historical fallback and currentness qualifications retained.

  • DoD FMR Volume 2B Chapter 6, February 2025 · Military Construction/Family Housing budget submission; DD Form 1391 exhibitsofficial financial regulation · Evidence record

    February 2025 Chapter 6 located in indexed consolidated Volume 2B. Direct retrieval returned HTTP 403. Replaces standalone chapter URL returning 404 in main audit and exposing old June 2013 indexed text. Official discovery: https://comptroller.defense.gov/FMR/.

  • DoDD 4270.5 Military Construction, Change 1 · Military-department responsibilities and designated construction agentsofficial implementing directive · published 2018-08-31 · Evidence record

    Official indexed text inspected; direct PDF/page retrieval returned HTTP 403 on 2026-10-04.

Research scope and sources checked

Examined construction directive, FMR budget procedure and an actual USACE project report; did not infer all authority elements from construction news.

What remains unverified

  • Individual project authorization/appropriation, DD 1391, scope approvals and procurement record must be checked separately; the 2025 financial manual predates FY 2026 amendments.

A dated source check is not continuing monitoring. Recheck the linked official notice before preparing a submission. Browse program research →

Requirements and limits

Eligibility & prerequisites

  • Project authorized by law and appropriated
  • Applicable design, scope/cost and supervision rules
  • FY26 changes permit approved military department or government-agency construction supervision

Limits & exclusions

  • MILCON authority is not permission for any unrelated commercial structure
  • Material scope/cost changes governed by §2853

Funding conditions

  • MILCON appropriations; §2807 design is separately permitted within appropriated amounts; current design-notice threshold amended to $5M.

Read the funding and execution guide

Who contributes what

Need & planning

  • Installation commander and Service facilities/real-estate staff
  • Service installation secretariat / ASD(EI&E) policy

Resources

  • Military Department installation budgets / project sponsor

Approval

  • Secretary concerned or properly delegated real-estate/construction official

Execution

  • USACE district real-estate/construction offices
  • NAVFAC real-estate and facilities engineering commands
  • AFCEC installations/facility engineering directorates

Partners & review

  • Landowners / developers / local governments
  • Environmental regulators and real-estate counsel

Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.

Coordination pathway

Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Actor and execution-role sources

Legal basis

What this research establishes

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedMILCON appropriations; §2807 design is separately permitted within appropriated amounts; current design-notice threshold amended to $5M. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProcess sourcedMILCON is a government authorization, budgeting and construction-agent process; public project delivery does not create an external capital application. Program check: 2026-10-04; see each route for intake status.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

Review scope: Original research target October 2, 2026; no record-specific last-review date supplied. Publication is not legal-currentness certification.

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