EconDefense
IND-45 / Energy, environment and communities

Convey utility systems and contract for long-term service and upgrades

Transfer military utility systems to utility entities; procure services and contribute authorized project funds toward system improvements. FY26 broadens post-conveyance monetary contributions.

Action briefPDF dossier · original 168Download record
Authority / instrument · IND-45

Utility privatization

Energy, environment and communities

Statute & instrument
Authority holder

Secretary of military department

What this does not authorize / hard limit

Utility ownership does not transfer military mission authority

Recorded executor

DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

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: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC. 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-45 · Contracts & purchases

Authority holder: Secretary of military department

Contracts & purchasesProperty & leases

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

  • Competition or valid exception
  • Business-case cost-effectiveness for terms >10 years
  • Reliability, resilience/cybersecurity, health/safety and utility regulation
  • Authorized/appropriated improvement project for §2688(k)

Limits & exclusions

  • Service terms normally10years, up to50years on finding
  • Army civil works systems excluded
  • Utility ownership does not transfer military mission authority

Funding conditions

  • Utility service appropriations; authorized MILCON contributions under(h)/(k); receipts merged into specified appropriations.

Read the funding and execution guide

Who contributes what

Need & planning

  • Installation energy manager
  • Service energy office / ASD(EI&E)

Resources

  • Installation utility/O&M accounts or authorized project funds

Approval

  • Secretary concerned; Secretary of Defense approval when statute requires
    Office profile

Execution

  • DLA Energy Installation Energy or Utility Services as appropriate
  • Service contracting officers / USACE / NAVFAC / AFCEC
    Office profile

Partners & review

  • Utility / energy-service company
  • DOE technical assistance; State utility regulator where required

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: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC. 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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