Other statutory tools

Authority holder

Secretary of military department

Eligibility gate

• Authorized military purpose or specific low-cost/urgent statutory route
• Appraisal, title, notice and acquisition findings
• Condemnation alternatives/negotiation and 21-day notice, unless vital-security exception

Funding condition

• Applicable MILCON/O&M only where section authorizes; options capped at 12% of appraised value.

All recorded limits

• No general power to speculate in real estate
• Scope/price thresholds and anti-parcel-splitting rules apply
• Just compensation and court process for condemnation

Authority holder

Service Secretary; Secretary of Defense for Defense Agency property

Eligibility gate

• Defense/public-interest finding
• Fair-market-value consideration subject to specific exceptions
• Competition for covered leases unless statutory exception applies

Funding condition

• Receipts used only through statutory accounts/appropriation rules; at least half ordinarily reserved for originating installation; in-kind consideration has express exemptions from §§2662/2802.

All recorded limits

• Five-year normal term; longer term requires finding
• Not a general sale authority
• Leaseback/annual-payment limit $500,000
• Oil, mineral and phosphate lands excluded

Authority holder

Secretary of military department

Eligibility gate

• Finding not against public interest
• Only land necessary for easement
• Interior receives copies for public-land grants

Funding condition

• Cash/in-kind consideration governed through §2667(c),(e); no free general revenue account.

All recorded limits

• Nonuse/abandonment/noncompliance termination conditions
• Grant must protect installation mission; not transfer of full ownership

Authority holder

Secretary of military department

Eligibility gate

• Military-purpose structure/associated property
• Real-estate review and applicable host-nation agreements
• Notice requirements where triggered

Funding condition

• O&M or construction appropriations authorized; yearly rent paid from that year’s funds.

All recorded limits

• Generally maximum 10 years; Korea 15 years
• Military family housing uses different authority
• Does not override host-nation sovereignty

Authority holder

Secretary concerned

Eligibility gate

• Project authorized by law and appropriated
• Applicable design, scope/cost and supervision rules
• FY26 changes permit approved military department or government-agency construction supervision

Funding condition

• MILCON appropriations; §2807 design is separately permitted within appropriated amounts; current design-notice threshold amended to $5M.

All recorded limits

• MILCON authority is not permission for any unrelated commercial structure
• Material scope/cost changes governed by §2853

Authority holder

Secretary concerned

Eligibility gate

• Approved-cost ceiling and location adjustment
• Advance Secretarial approval over statutory threshold
• FY26 >$6M notification within 90 days after obligation replaces old general 14-day waiting rule

Funding condition

• Authorized minor-MILCON amounts; O&M only within allowed limits and project definitions.

All recorded limits

• Ordinary approved-cost ceiling $9M and O&M ceiling $4M, subject to statutory adjustments
• No new family-housing units
• Laboratory provisions have distinct conditions; modernization program moved to §2810(f)

Authority holder

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

Eligibility gate

• §2803 vital national-security/health/safety/environment and urgency findings; five-day notification
• §2808 armed-forces necessity and direct project support; required notifications

Funding condition

• Existing unobligated MILCON only under each section’s rules; §2808 excludes family housing funds.

All recorded limits

• §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

Authority holder

Secretary concerned

Eligibility gate

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

Funding condition

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

All recorded limits

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

Authority holder

Secretary concerned

Eligibility gate

• Housing acquisition/construction suitability
• Eligible entity and military occupancy/purchase preference agreement
• Project capital-cost valuation

Funding condition

• Authorized housing funds and current funds controls; temporary higher percentage is not an appropriation.

All recorded limits

• Temporary BOTH cash and land-inclusive investment cap 60% from July4,2025 through Sep30,2029; ordinary caps33⅓%/45% thereafter
• This is sector-specific equity authority, not a general venture fund

Authority holder

Secretary concerned

Eligibility gate

• Military preference agreement; protective terms
• Competition conditions for reconveyance/lease
• Ground-lease extension notices and portfolio information

Funding condition

• Proceeds/funds only for housing subchapter purposes; not unrestricted receipts.

All recorded limits

• Cannot use for installations approved for closure
• Tenant protections and program oversight continue
• Exemption from §2667 is housing-specific

Authority holder

Secretary concerned

Eligibility gate

• Advantage-to-U.S. or applicable BRAC property
• Equivalent fair-market value or cash equalization, subject to narrow zoning exception
• Public and congressional notice;14or45day statutory wait

Funding condition

• Property-value exchange; equalization receipts to specified foreign-currency-fluctuation construction appropriation, subject to appropriation rules.

All recorded limits

• BRAC exchanges consistent with redevelopment plan
• Services/new-facility exchange is eight-year pilot from guidance issuance; current window not established here

Authority holder

GSA Administrator for general surplus regime; Service Secretary for specific defense conveyances

Eligibility gate

• Excess/surplus screening and applicable disposal delegation
• Advertising or valid negotiated/public-benefit exception
• Conservation transfers require eligible recipient and perpetual-use/reversion protections

Funding condition

• Receipts handled under controlling disposal/appropriation law; no general self-financing authority.

All recorded limits

• DoD does not freely sell any needed asset or retain any proceeds
• BRAC, environmental and homeless-assistance conditions may apply; exceptions action-specific