Accelerating Federal Permitting of Data Center Infrastructure

The order revokes EO 14141 and establishes a comprehensive framework to expedite federal permitting for "Qualifying Projects" — AI data centers exceeding 100 MW or $500 million in investment, plus associated energy, semiconductor, and networking infrastructure. It directs the Secretary of Commerce to launch a financial support initiative covering loans, grants, tax incentives, and offtake agreements. It tells each relevant agency to identify existing NEPA categorical exclusions that could speed construction within 10 days, and instructs the Council on Environmental Quality to help develop new categorical exclusions. It directs the EPA to modify regulations under the Clean Air Act, Clean Water Act, and other statutes to expedite permitting, and to develop guidance for reusing Brownfield and Superfund sites.

The order also directs the Army to review whether new Clean Water Act nationwide permits are needed for data center construction activities, instructs the Departments of Interior and Energy to identify and authorize federal lands for data center use after industry consultation, and directs the Defense Department to identify suitable military installation sites for competitive leasing. It further establishes that federal financial assistance below 50 percent of total project costs is presumed not to constitute a "major Federal action" under NEPA, narrowing the scope of required environmental review.

Technology companies and investors planning large AI data centers, semiconductor manufacturers, energy infrastructure developers, state governments near proposed sites, and federal agencies directed to revise permitting procedures. Private parties seeking to redevelop Brownfield or Superfund sites for data center use are also reached.

Companies building AI data centers could see significantly shorter federal permitting timelines, reducing delays that currently span years. Opening federal and military lands as potential sites expands available locations. The NEPA threshold change may also reduce review burdens for federally subsidized projects below the 50% funding mark.

Agencies report existing NEPA categorical exclusions to CEQ within 10 days; CEQ then coordinates creation of new ones. The Federal Permitting Improvement Steering Council can place qualifying projects on the public Permitting Dashboard within 30 days of agency notification. EPA develops brownfield/superfund guidance and reviews environmental regulations within 180 days; the Army reviews Clean Water Act nationwide permits within the same window. Federal land authorizations flow from Interior and Energy after industry consultation. No dedicated enforcement mechanism is created — implementation relies on existing agency authorities and OMB oversight.