EconDefense
IND-35 / Property, construction and housing

Use tightly conditioned emergency or war construction authorities

§2803 addresses urgent projects that cannot await next authorization; §2808 covers war or a declared emergency requiring armed forces.

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At a glance

Possible toolIND-35 · Other statutory tools

Authority holder: Secretary concerned for §2803; Secretary of Defense for §2808

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.

Requirements and limits

Eligibility & prerequisites

  • §2803 vital national-security/health/safety/environment and urgency findings; five-day notification
  • §2808 armed-forces necessity and direct project support; required notifications

Limits & exclusions

  • §2803 $50M annual obligation cap
  • §2808 emergency total ordinarily $500M, or $100M if only domestic; eligible unobligated cancellation/cost-savings funds only
  • Not unlimited emergency transfer power

Funding conditions

  • Existing unobligated MILCON only under each section’s rules; §2808 excludes family housing funds.

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 powerSource and conditions recorded
EligibilityProject-specific check needed
Available fundsBalances not verified
DelegationValid signature authority must be checked
ExecutionOffice capacity and approvals must be checked

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.

Research target: October 2, 2026. A record-specific last-review date is not supplied. Publication date is not legal-currentness certification.

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