H.R. 2783 — Infrastructure Project Acceleration Act

This section defines a priority manufacturing project as the construction or expansion of a U.S. manufacturing facility costing at least $1 billion that requires one or more specified federal approvals. Notwithstanding any other provision of law, such projects are exempt from permit requirements under (1) section 404 of the Clean Water Act (i.e., dredge and fill permits in U.S. waters and wetlands) or (2) sections 7 (agency consultation to avoid jeopardizing listed species or adversely modifying critical habitat), 9 (prohibitions on take of listed species), or 10 (incidental take permits) of the Endangered Species Act of 1973. (Thus, federal agencies need not consult with the Secretary of the Interior or Commerce on these projects, and the projects may proceed without ESA compliance.) This section further amends section 106(a) of the National Environmental Policy Act of 1969 by adding a new paragraph (5) allowing a lead agency to exclude a project from NEPA review if it is subject to a state or tribal environmental review statute determined to be a functional equivalent (i.e., one that considers relevant environmental information with public involvement). Finally, this section bars all courts from reviewing federal or state approvals of priority manufacturing projects, vesting original and exclusive jurisdiction over challenges to the section's validity or scope in the U.S. Court of Appeals for the District of Columbia Circuit.