49 U.S.C. § 47117 — Use of apportioned amounts

(a) Grant Purpose — Except as this section provides otherwise, money apportioned under section 47114(c)(1) or (d)(2) can be used for grants for any purpose section 48103 allows.

(b) Period of Availability — (1) Money apportioned under section 47114 can be obligated for grants only during the fiscal year it was apportioned plus the next 2 fiscal years, or the next 3 fiscal years for a nonhub airport or any airport that is not a commercial service airport. Except as (2) allows, unobligated money rolls into the discretionary fund once that period ends. (2) Expired general-aviation apportionments: (A) generally, unspent money apportioned under section 47114(d) that expires still rolls into the discretionary fund under section 47115, but (i) it must be used for projects at airports eligible under section 47114(d)(2), following section 47115(d)(2)'s rules, and (ii) any of it still unused by July 1 of the fiscal year it expires becomes available for any project under section 47115(d)(2). (B) But if the money was apportioned to an airport under section 47114(d)(2)(A) in a state participating in the State block grant program, it instead goes to that state, under the same conditions as money apportioned under section 47114(d)(2)(B).

(c) Primary Airports — (1) Money apportioned to a primary airport's sponsor under section 47114(c)(1) can fund grants at any public-use airport of that same sponsor listed in the national plan of integrated airport systems. (2) Waiver — a sponsor may agree with the Secretary to give up its claim to part of its money apportioned under sections 47114(c) and 47114(d)(2)(A), if the Secretary agrees to send that amount instead to another public-use airport in the same state or geographical area.

(d) State Use — Money apportioned to a state under (1) section 47114(d)(2)(B)(i) can fund grants for airports located in that state; and (2) section 47114(d)(2)(B)(ii) or (iii) can fund grants for the airports those clauses describe, located in that state.

(e) Special Apportionment Categories — (1) Each fiscal year, the Secretary must use discretionary-fund money as follows: (A) at least 35 percent, but no more than $200,000,000, for noise-compatibility planning and programs, noise-mitigation projects approved in certain environmental decisions, several listed categories of airport development, and water-quality mitigation projects tied to environmental decisions under the Clean Water Act; the Secretary may count matching grants made from regular section 47114 apportionments toward meeting this requirement in that year, and must provide at least two-thirds of this category's money, plus paragraph (3) money, to small, medium, and large hub airport sponsors. (B) at least 4 percent to sponsors of current or former military airports designated under section 47118(a) for capacity-boosting development, and to noncommercial-service airport sponsors for operating and maintenance grants of no more than $30,000 a year, if the Secretary finds the airport is hurt by a military base closure or realignment and the sponsor certifies the airport would otherwise close. (2) If the Secretary decides a required (1) amount cannot be used in a year because there are not enough qualified applications, the leftover money is available that year for grants to other airports or for other purposes authorized under section 48103. (3) Special rule — starting fiscal year 2026, if the prior year's (1)(A) spending was less than $150,000,000, the Secretary must issue additional grants, from unneeded section 47114 apportionment money, of at least $150,000,000 minus what was spent under (1)(A) the year before.

(f) Discretionary Use of Apportionments — (1) If the Secretary finds that part of a section 47114 apportionment is not needed that year to fund an eligible grant, the Secretary may use the leftover for any grant purpose allowed under section 48103, based on sponsor notifications or other information. (2) Restoration: (A) if that finding happens before the apportionment's last year of availability, the Secretary must restore the amount used back to the apportionment once enough new section 48103 money becomes available; (B) if restored in the same year or the next fiscal year, the restored amount keeps its original expiration under subsection (b); if restored later, its availability is extended by the number of years the restoration was delayed. (3) An amount of newly available money equal to what was restored cannot also be used for discretionary grant obligations under section 47115, though this does not stop the Secretary from later using a restored amount for discretionary grants if it turns out not to be needed for its original apportionment. (4) Nothing in this subsection lets the Secretary obligate more grant money in a fiscal year than section 48103 actually provided for that year.

(g) Limiting Authority of Secretary — The Secretary's authority to make grants in a year from money apportioned in an earlier year, and still available under subsection (b), can be limited only by a law enacted after September 3, 1982, that expressly restricts that authority.