HR2783-119

2. Expedited approval of priority manufacturing projects In this section, the term priority manufacturing project means the construction or expansion of a manufacturing facility in the United States— the cost of which is at least $1,000,000,000; and which requires one or more Federal approvals described in subsection (c). Congress finds that— the timely completion of priority manufacturing projects will strengthen the economy and industrial manufacturing capacity of the United States, enhance the technological competitiveness of the United States, and reduce the reliance of the United States on foreign manufacturing; and priority manufacturing projects will support critical sectors, including sectors related to defense, healthcare, and communications, while fostering economic growth and job creation in the United States. Notwithstanding any other provision of law, a priority manufacturing project shall not be required to obtain any permit that would otherwise be required pursuant to— section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); or section 7, 9, or 10 of the Endangered Species Act of 1973 (16 U.S.C. 1536, 1538, or 1539). Section 106(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336(a)) is amended— in paragraph (3), by striking or; in paragraph (4), by striking action. and inserting action; or; and by adding at the end of the following: the proposed agency action relates to a project or action that is subject to a State or Tribal environmental review statute that the lead agency determines is the functional equivalent of this Act. A lead agency shall determine the functional equivalence of this Act is satisfied if the State or Tribal agency considered relevant environmental information and the public has been informed regarding the decision-making process. Notwithstanding any other provision of law, no court shall have jurisdiction to review any action or inaction taken by a Federal agency or a State administrative agency acting pursuant to Federal law that approves the construction or expansion of a priority manufacturing project. The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any claim alleging the invalidity of this section or that an action described in paragraph (1) is beyond the scope of authority conferred by this section. (5)the proposed agency action relates to a project or action that is subject to a State or Tribal environmental review statute that the lead agency determines is the functional equivalent of this Act. A lead agency shall determine the functional equivalence of this Act is satisfied if the State or Tribal agency considered relevant environmental information and the public has been informed regarding the decision-making process. .