Accelerating Federal Permitting of Data Center Infrastructure

This executive order directs federal agencies to accelerate permitting and construction of AI data centers and related infrastructure, covering "Qualifying Projects" such as data centers requiring over 100 MW of new load or involving at least $500 million in committed capital expenditures. It directs the Secretary of Commerce to launch a financial support initiative, the Council on Environmental Quality to coordinate new NEPA categorical exclusions, the EPA Administrator to streamline permitting and identify Brownfield and Superfund sites within 180 days, and the Secretaries of the Interior, Energy, and Defense to make federal lands, including military installations, available for such projects. It also revokes EO 14141 (Advancing United States Leadership in Artificial Intelligence Infrastructure), issued January 14, 2025.

• Department of Commerce
• Department of Energy
• Department of the Interior
• Department of Defense
• Environmental Protection Agency (EPA)
• Department of the Army (through the Assistant Secretary for Civil Works)
• Department of Transportation (via FAST-41 implementation)
• Council on Environmental Quality (CEQ)
• Federal Permitting Improvement Steering Council (FPISC)
• Office of Science and Technology Policy (OSTP)
• Office of Management and Budget (OMB)

Within 10 days; 30 days; within 180 days; ongoing

Within 10 days: Each relevant agency must identify existing categorical exclusions under NEPA to the CEQ. Within 30 days: FPISC Executive Director may designate Qualifying Projects for transparency and publish them on the Permitting Dashboard. Within 180 days: EPA must develop guidance to expedite environmental reviews for Brownfield and Superfund site reuse. Within 180 days: Secretary of the Army (via Assistant Secretary for Civil Works) must review section 404 and section 10 permits to determine need for activity-specific nationwide permit. Ongoing: CEQ must coordinate with agencies to create new categorical exclusions for Qualifying Projects. Executive Director of FPISC must expedite transition of projects to FAST-41 “covered project” status. DOI, DOE, and DOD must identify and authorize use of federal lands for Qualifying Projects. Agencies must streamline environmental permitting under ESA, CWA, and other relevant laws.

No known legal challenges.