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.

Action briefPDF dossier · original 168Download record
Authority / instrument · IND-35

Urgent construction

Property, construction and housing

Statute & instrument
Authority holder

Secretary concerned for §2803; Secretary of Defense for §2808

What this does not authorize / hard limit

Not unlimited emergency transfer power

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 recordedExisting unobligated MILCON only under each section’s rules; §2808 excludes family housing funds. 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.
EngagementUse documentedUSACE publicly attributes BMGR-1 barrier construction to § 2803; this documents use, not a blanket finding that every emergency-construction prerequisite is satisfied. 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-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.

Program process and intake

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

USACE publicly attributes BMGR-1 barrier construction to § 2803; this documents use, not a blanket finding that every emergency-construction prerequisite is satisfied.

Urgent military construction: BMGR-1 documented example

Who this route serves
Government urgent-construction sponsors and their competitively/otherwise lawfully selected contractors
Administering office / routing lead
Secretary-level approval chain and Army/USACE South Pacific Border Task Force project execution
Documented use

The official project record explicitly identifies § 2803. It does not disclose the underlying finding or notification package.

What this evidence label means
Construction publicly documented

USACE’s February 9, 2026 caption identifies BMGR-1 work and expressly cites § 2803.

Status reference date: 2026-02-09 · research checked 2026-10-04

USACE South Pacific Division: Oversight, BMGR-1 · Photo caption and VIRIN 260209-A-RY318-1003; expressly identifies 10 USC 2803official agency project record · Evidence record

Program eligibility

Steps and preparation

Funding, limits and authority relationship

Funding and financial terms

  • government construction appropriations · Published process; checked 2026-10-04

    Urgent and emergency routes retain their statutory fiscal caps and appropriation restrictions; the photo supplies no award value.

    10 U.S.C. § 2803 · 2024 edition (GovInfo) · 10 U.S.C. § 2803statute · Evidence record

Exclusions and limits

Authority relationship source

USACE South Pacific Division: Oversight, BMGR-1 · Photo caption and VIRIN 260209-A-RY318-1003; expressly identifies 10 USC 2803official agency project record · Evidence record

Read USACE BMGR-1 project record →

historical project record: Evidence of work underway; not a contractor intake page.

Source access and verification notes
Research scope and sources checked

Searched urgent/emergency MILCON examples and inspected USACE BMGR-1 records; rejected older guidance using superseded statutory notice periods.

What remains unverified

  • No underlying approval, congressional notification, contract value or legal challenge disposition obtained; no separately verified current § 2808 project found in this bounded search.

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

  • §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 basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedExisting unobligated MILCON only under each section’s rules; §2808 excludes family housing funds. 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.
EngagementUse documentedUSACE publicly attributes BMGR-1 barrier construction to § 2803; this documents use, not a blanket finding that every emergency-construction prerequisite is satisfied. 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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