Home | News & Events | The Trump Administration’s Progress to Site Data Centers on Federal Lands: Initial Steps but Work Remains

Legal Alerts | December 4, 2025 12:00 pm The Trump Administration’s Progress to Site Data Centers on Federal Lands: Initial Steps but Work Remains

In July 2025, President Trump issued an executive order setting forth a presidential priority “to facilitate the rapid and efficient buildout” of data centers and associated infrastructure, including power generation sources and associated transmission lines. To further this goal, the order directs the utilization of “federally owned land and resources for the expeditious and orderly development of data centers.” Additionally, the order calls for the identification of Brownfield and Superfund sites for data center development.

Federal agencies’ implementation of these directives to date is mixed. The Department of Energy (DOE) and U.S. Air Force are already accepting proposals for projects at certain sites within their jurisdiction. Despite its vast land holdings, however, the Department of the Interior (DOI) has not yet identified any sites on public lands for data center development. Agencies’ progress is detailed below, with an analysis of the potential impacts of delays.

Overview of the Executive Order.

The executive order applies to “data center projects” that require more than 100 megawatts of new load dedicated to artificial intelligence (AI) and certain “components” of these projects—namely, the materials, products, and infrastructure necessary to build data center projects, including energy infrastructure, transmission, and natural gas, coal, nuclear, and geothermal power sources. To be considered a “qualifying project” under the order, a data center project or its components must involve commitments of at least $500 million in capital expenditures, incrementally add more than 100 megawatts of electric load, protect national security, or otherwise be designated a qualifying project by one of several federal agencies.

Relevant to this update, the order calls for the Department of Defense (now known as the Department of War) (DoD), DOE, and DOI to identify sites for projects on lands within their jurisdiction. Additionally, the order directs the Environmental Protection Agency (EPA) to identify Brownfield sites and Superfund sites suitable for the development of qualifying data center projects.

Finally, the order sets forth numerous paths to streamline federal agencies’ permitting of data center projects.

Although Federal Lands Are Targeted for Data Center Projects, No Sites Have Been Identified on Public Lands.

DOE and DoD are implementing the order’s directive to identify sites for data center projects, but DOI has not yet publicly taken any steps to implement the order to promote the development of data center projects on federal public lands.

DOE Lands. The day after the President issued the order, DOE announced it had selected four sites—the Idaho National Laboratory, Oak Ridge Reservation in Tennessee, Paducah Gaseous Diffusion Plant in Kentucky, and the Savannah River Site in South Carolina—for data center development and energy generation projects. Then, in the fall of 2025, offices within DOE issued requests for application or proposal for projects at three of these sites; the National Nuclear Security Administration issued a request for offer for a project at the Paducah Gaseous Diffusion Plant. These application periods are either open or have recently closed. DOE has not identified a timeframe as to when it will announce which projects it will select.

DoD Lands. In October 2025, the U.S. Air Force issued a solicitation for proposals to develop “underutilized” lands at Arnold Air Force Base in Tennessee, Edwards Air Force Base in California, Joint Base McGuire-Dix-Lakehurst in New Jersey, Davis-Monthan Air Force Base in Arizona, and Robins Air Force Base in Georgia. Offers were due on November 14, 2025. The Air Force has not indicated when it will make decisions on proposals.

DOI Lands. DOI has not identified any sites for data center projects or sought public input on potential sites on federal public lands. Federal public lands include the vast expanse of lands the Bureau of Land Management (BLM) manages in western states for multiple uses, including energy development.

DOI’s inaction is notable for several reasons. First, the agency is the nation’s largest landholder; DOI manages more than 530 million acres of onshore surface lands and, of these, BLM manages approximately 245 million acres. Second, presidential administrations historically have used public lands to advance national objectives; for example, President Biden relied on public lands to increase large-scale renewable energy production. Finally, because many BLM lands can also be used for energy production, data centers can be co-located with energy sources.

And, timing compounds DOI’s inaction to date. BLM may be unable to move as nimbly as other federal agencies to authorize data center projects. BLM manages its lands in accordance with resource management plans, which are often developed through a multi-year public process. To accommodate data center development, BLM may need to amend or revise governing plans. Thus, data center development on BLM lands may require more process, and thus more time, than lands managed by other federal agencies.

Action on Brownfield Sites and Superfund Sites Is Forthcoming.

EPA has not yet identified Brownfield and Superfund sites for data center projects covered by the order. In November 2025, Inside EPA reported that EPA is developing criteria to identify suitable data center sites.

The order also calls for EPA, within 180 days of the order (i.e., by January 19, 2026), to develop guidance to expedite environmental reviews for qualified reuse of Brownfield and Superfund sites and to assist state governments and private parties to expeditiously return these sites to productive use. Presumably, this guidance will follow in a timely manner.

Conclusion

Much work remains before federal agencies can authorize the construction of data center projects on federal lands. 2026 will be a pivotal year for federal agencies to secure agreements for these projects so that they can be timely constructed.

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