EconDefense
IND-38 / Property, construction and housing

Repair or convert existing facilities with O&M funds

Restore existing facilities or convert their use without enlarging external dimensions.

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Authority / instrument · IND-38

Facility repair

Property, construction and housing

Statute & instrument
Authority holder

Secretary concerned

What this does not authorize / hard limit

Cannot build new facilities or additions under repair authority

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 recordedThe record states funding rules and conditions; no program amount is attributed to this action.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementRole recordedRecorded executing role: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates. Use the responsible program’s process.

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

At a glance

Possible toolIND-38 · 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.

Requirements and limits

Eligibility & prerequisites

  • Major repair approval and report over $7.5M
  • All phases count toward total project cost
  • Force-structure consistency and repair/replacement cost assessment

Limits & exclusions

  • Cannot build new facilities or additions under repair authority
  • If repair exceeds 75% replacement cost, explain why replacement is not preferred

Funding conditions

  • O&M appropriations; no evasion of construction rules by relabeling new construction as repair.

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 recordedThe record states funding rules and conditions; no program amount is attributed to this action.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementRole recordedRecorded executing role: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates. Use the responsible program’s process.

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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