§ 2802. Military construction projects

Type Statute

Publication 2026-03-26

State In force

Department United States Congress

Source OLRC

§ 2802. Military construction projects

(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under section 210 of title 23) as are authorized by law.

(b) Authority provided by law to carry out a military construction project includes authority for—

(1) surveys and site preparation;

(2) acquisition, conversion, rehabilitation, and installation of facilities;

(3) acquisition and installation of equipment and appurtenances integral to the project;

(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project;

(5) planning, supervision, administration, and overhead incident to the project; and

(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).

(c) In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to section 1105 of title 31 for the fiscal year in which a contract is proposed to be awarded for the project.

[(d) Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b), Dec. 23, 2016, 130 Stat. 2716.]

(e)

(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) will be carried out pursuant to a provision of law other than a Military Construction Authorization Act, the Secretary concerned shall—

(A) comply with the congressional notification requirement contained in the provision of law under which the construction project, land acquisition, or defense access road project will be carried out and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement; or

(B) in the absence of such a congressional notification requirement, submit to the congressional defense committees, in an electronic medium pursuant to section 480 of this title, a report describing the construction project, land acquisition, or defense access road project at least 15 days before commencing the construction project, land acquisition, or defense access road project.

(2) Except as provided in paragraph (3), a construction project, land acquisition, or defense access road project subject to the notification requirement imposed by paragraph (1) is a construction project, land acquisition, or defense access road project that—

(A) is not specifically authorized in a Military Construction Authorization Act;

(B) will be carried out by a military department, Defense Agency, or Department of Defense Field Activity; and

(3) This subsection does not apply to a construction project, land acquisition, or defense access road project described in paragraph (2) whose cost is less than or equal to the threshold amount specified in section 2805(b) of this title.

(f)

(1) In addition to any other applicable consultation requirement pursuant to law or Department of Defense policy, if a proposed military construction project is likely to significantly impact tribal lands, known sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe—

(A) to determine the nature and extent of such impact;

(B) to determine whether such impact can be avoided or mitigated in the design and implementation of the project; and

(C) if such impact cannot be avoided, to develop feasible measures consistent with applicable law to mitigate the impact and estimate the cost of the mitigation measures.

(2) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned, to the extent possible at the time of such submission, shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph.

(3) The requirement under paragraph (1) does not affect the obligation of the Secretary concerned to comply with any other applicable consultation requirement pursuant to law or Department of Defense policy.

(4) In this subsection:

(A) The term “Indian tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(B) The term “tribal government” means the recognized governing body of an Indian tribe.

(C) The term “sacred site” has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.

Editorial Notes

References in Text

Executive Order No. 13007, referred to in subsec. (f)(4)(C), is Ex. Ord. No. 13007, May 24, 1996, 61 F.R. 26771, which is set out as a note under section 1996 of Title 42, The Public Health and Welfare.

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (f)(4)(C), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.

Amendments

2025—Subsec. (b)(6). Pub. L. 119–60 added par. (6).

2019—Subsec. (e)(1). Pub. L. 116–92, § 1731(a)(53), substituted “shall—” for “shall” and inserted subpar. (A) designation before “comply with the congressional notification requirement”.

Subsec. (f). Pub. L. 116–92, § 2802, added subsec. (f).

2018—Subsec. (e)(1). Pub. L. 115–232 substituted “Secretary concerned shall” for “Secretary concerned shall—”, struck out subpar. (A) designation before “comply with the congressional notification requirement”, and inserted “and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement” after “road project will be carried out”.

2017—Subsec. (d). Pub. L. 115–91, § 1081(d)(15), amended Pub. L. 114–328, § 2811(c). See 2016 Amendment note below.

2016—Subsec. (d). Pub. L. 114–328, § 2811(b), struck out subsec. (d) which related to requirements for military construction projects funded through payments-in-kind or in-kind contributions, inclusion of such projects in budget justification documents, and exceptions to those requirements.

Pub. L. 114–328, § 2811(c), as amended by Pub. L. 115–91, § 1081(d)(15), repealed Pub. L. 113–291, § 2803(b). See 2014 Amendment note below.

2014—Subsec. (d). Pub. L. 113–291, § 2803(b), which substituted “payments-in-kind or in-kind contributions” for “payment-in-kind contributions” in par. (1), added par. (3) and struck out former par. (3) which described certain military construction projects to which subsec. (d) did not apply, and substituted “paragraph (3), by reference to section 2687a(f)(4)(D) of this title,” for “paragraph (3)(C)” in par. (4), was repealed by Pub. L. 114–328, § 2811(c), as amended by Pub. L. 115–91, § 1081(d)(15).

Subsec. (e). Pub. L. 113–291, § 2801, added subsec. (e).

2013—Subsec. (d). Pub. L. 113–66 added subsec. (d).

2008—Subsec. (a). Pub. L. 110–181 inserted “, land acquisitions, and defense access road projects (as described under section 210 of title 23)” after “military construction projects”.

Subsec. (c). Pub. L. 110–417 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(15) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted.

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Multiyear Contracting Authority for Certain Military Construction Projects

Pub. L. 119–60, div. B, title XXVIII, § 2814, Dec. 18, 2025, 139 Stat. 1302, provided that: “(a) Authority for Multiyear Contracting.—Subject to section 3501 of title 10, United States Code, each Secretary of a military department may enter into one or more multiyear contracts for any procurement relating to one or more authorized military construction projects for facilities at one or more military installations if the Secretary concerned—“(1) has identified such project as a multiyear contract in the budget submitted to Congress by the Secretary of Defense pursuant to section 1105 of title 31, United States Code—“(A) a list of locations included in the multiyear contract; “(B) the total number of facilities included such [sic] contract; and “(C) the total anticipated cost of the such [sic] contract; “(2) has determined the use of such contract will result in significant savings of the total anticipated cost for carrying out projects under the contract as compared to other contract types; “(3) has determined that the minimum need for such projects is expected to remain substantially unchanged during the proposed contract period; and “(4) has a reasonable expectation that throughout the proposed contract period funding for the contract will be available. “(b) Conditions for Out-year Contract Payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after the fiscal year in which the contract is awarded is subject to the availability of appropriations or funds for that purpose for such later fiscal year. “(c) Authority for Advance Procurement.—A Secretary of a military department may enter into one or more contracts for an advance procurement associated with a military construction project for which authorization to enter into a multiyear contract is provided under subsection (a), which may include procurement of economic order quantities of materials or components for such a project when cost savings are achievable. “(d) Additional Requirements.—“(1) Cost savings certification.—A Secretary of a military department desiring to award a multiyear contract under the authority of this section shall—“(A) submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a certification that such contract will result in cost savings of at least ten percent compared to a similar one-year contract; and “(B) not award such contract until the end of the 14-day period beginning on the date of submission of the certification described in subparagraph (A). “(2) Limitations.—A Secretary of a military department may only use the authority under this section for military construction projects that—“(A) are included in the future-years defense program submitted under section 221 of title 10, United States Code; and “(B) use standardized and repeatable designs.”

Designation of Official Responsible for Coordination of Defense Sites Within Area of Responsibility of Joint Region Marianas

Pub. L. 119–60, div. B, title XXVIII, § 2884, Dec. 18, 2025, 139 Stat. 1330, provided that: “(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Commander of Joint Region Marianas shall designate an official to be responsible for, in coordination with appropriate officials of the military departments (as defined in section 101 of title 10, United States Code) and the United States Indo-Pacific Command—“(1) coordinating Department of Defense-wide efforts with respect to the management of defense sites within the Joint Region Marianas area of responsibility; “(2) ensuring the continuity of such efforts at such defense sites, including necessary infrastructure investments; and “(3) ensuring clear and consistent communication to such Federal, State, and local officials with respect to the needs and priorities of the Department of Defense for such defense sites. “(b) Selection.—In making the designation under subsection (a), the Commander of Joint Region Marianas may appoint an individual with a significant background and expertise in—“(1) relevant legal and technical aspects related to land use or real estate issues; and “(2) working with officials at all levels of government. “(c) Notification.—Not later than 30 days after the date on which the Commander of Joint Region Marianas designates an individual pursuant to subsection (a), the Commander shall submit to the Committees on Armed Services of the House of Representatives and the Senate and appropriate officials of the defense sites within the Joint Region Marianas area of responsibility a notification that includes the name and contact information of such individual. “(d) Defense Site Defined.—In this section, the term ‘defense site’ has the meaning given such term in section 2710 of title 10, United States Code.”

Pilot Program on Use of Advanced Manufacturing Construction Technologies at Military Installations

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