The initial “advance appropriations” provided by Division J of the 2021 bipartisan infrastructure law (the IIJA) for the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and the National Highway Traffic Safety Administration will expire in 12 days. Per the original text of the law, unless legally obligated by the execution of a project agreement or other payment promise, the fiscal 2022 advance appropriations for those three modal administrations lapse on September 30, 2025.

Transportation for America has been pointing out that this gives the Trump Administration an easy out for some projects funded with IIJA Division J money that the new Administration does not like – if the projects still haven’t had their grant agreements executed, then 12 more days of foot-dragging effectively repeals the money and kills the project, without the Administration having to do anything.

The expiring funds are $9.45 billion in FHWA Highway Infrastructure Programs appropriations, $135 million in various FMCSA programs, and $322 million in various NHTSA programs.

The bulk of the money was $5.5 billion for the formula portion of the new bridge program, and there is every reason to believe that the states have obligated the entirety of that money. However, it is the $1.0 billion in NEVI electric vehicle charging money, and the $100 million for the Reconnecting Communities pilot, that has T4A and others worried.

For reference, here are the “obligate by” expiration dates for the FY 2022 tranche of IIJA Division J advance appropriations for all USDOT accounts. Just add one year to the dates for the expiration of the FY 2023 funding tranche, et cetera.