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10 U.S.C. § 2802 — Military construction projects
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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**(d)** Repealed.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) wil
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Stable record: federal_law:legal_authorities:record_usc_2995d06b6de0a8a5db52f494
Source file: Laws/federal/codes/united-states-code/title-10/section-2802-military-construction-projects--070b4205f7.md
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Source location: Title 10, Chapter 169, § 2802; chapter-169-military-construction-and-military-family-housing.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), 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
(C) will be located on a military installation.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inventory Required.—**
(1) The Secretary of Defense shall develop and maintain an inventory of defense sites that are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constituents.
(2) The information in the inventory for each defense site shall include, at a minimum, the following:
(A) A unique identifier for the defense site.
(B) An appropriate record showing the location, boundaries, and extent of the defense site, including identification of the State and political subdivisions of the State, including the county, where applicable, in which the defense site is located and any Tribal lands encompassed by the defense site.
(C) Known persons and entities, other than a military department, with any current ownership interest or control of lands encompassed by the defense site.
(D) Any restrictions or other land use controls currently in place at the defense site that might affect the potential for public and environmental exposure to the unexploded ordnance, discarded military munitions, or munitions constituents.
**(b) Site Prioritization.—**
(1) The Secretary shall develop, in consultation with representatives of the States and Indian Tribes, a proposed protocol for assigning to each defense site a relative priority for response activities related to unexploded ordnance, discarded military munitions, and munitions constituents based on the overall conditions at the defense site. After public notice and comment on the proposed protocol, the Secretary shall issue a final protocol and shall apply the protocol to defense sites listed on the inventory. The level of response priority assigned the site shall be included with the information required by subsection (a)(2).
(2) In assigning the response priority
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2710
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** To the extent that funds are otherwise available for obligation, the head of an agency may enter into multiyear contracts for the purchase of property whenever the head of that agency finds each of the following:
(1) That the use of such a contract will result in—
(A) savings of the total anticipated costs of carrying out the program through annual contracts; or
(B) necessary defense industrial base stability not otherwise achievable through annual contracts.
(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.
(4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.
(5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic.
(6) In the case of a purchase by the Department of Defense, that the use of such a contract will promote the national security of the United States.
(7) In the case of a contract in an amount equal to or greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of subsection (i)(3) will be met, in accordance with the Secretary’s certification and determination under such subsection, by such contract.
**(b) Regulations.—**
(1) Each official named in paragraph (2) shall prescribe acquisition regulations for the agency or agencies under the jurisdiction o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Carry Out Unspecified Minor Military Construction Projects.—**
(1) Within an amount equal to 125 percent of the amount authorized by law for such purpose, the Secretary concerned may carry out unspecified minor military construction projects not otherwise authorized by law.
(2) An unspecified minor military construction project is a military construction project, land acquisition, or demolition project that has an approved cost equal to or less than $9,000,000.
(3) Notwithstanding the requirements of this section, the Secretary concerned may use amounts authorized pursuant to another law or regulation to carry out a demolition project described in paragraph (2).
**(b) Approval and Congressional Notification.—**
(1) An unspecified minor military construction project costing more than $750,000 may not be carried out under this section unless approved in advance by the Secretary concerned. This paragraph shall apply even though the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.
(2) When a decision is made to carry out an unspecified minor military construction project to which paragraph (1) is applicable and which costs more than $6,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), to the appropriate committees of Congress a notification of that decision not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include a description of the project, a justification for the project, and an estimation of the total cost of the project.
**(c)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2805
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Federal law — U.S. Code and appendices · legal_authorities
On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1996
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
**(b)**
(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 221
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Energy Policy.—** The Secretary of Defense shall ensure the readiness of the armed forces for their military missions by pursuing energy security and energy resilience.
**(b) Authorities.—** In order to achieve the policy set forth in subsection (a), the Secretary of Defense may—
(1) establish metrics and standards for the assessment of energy resilience;
(2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense;
(3) require the Secretary of a military department to establish and maintain an energy resilience master plan for an installation;
(4) authorize the use of energy security and energy resilience, including the benefits of on-site generation resources that reduce or avoid the cost of backup power, as factors in the cost-benefit analysis for procurement of energy; and
(5) in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide power directly to a military facility or into the installation electrical distribution network.
**(c) Energy Performance Goals.—**
(1) The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities.
(2) The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtm
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2911
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization.—**
(1) **In general.—** — When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—
(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—
(i) military reservations;
(ii) defense industry sites;
(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
(iv) sources of raw materials;
(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and
(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—
(i) military reservations;
(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
(iii) defense industry sites.
(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact. The Secretary of Defense, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 210
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
**(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form.
**(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480
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