A bill to prohibit the construction of data centers on Federal land, and for other purposes.
- Sponsor
- Sen. Wyden, Ron [D-OR]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Sep 30, 2026
Bottom line
The bill aims to permanently protect Federal lands from data center development through a direct ban and a long-term safeguard on conveyed lands.
What it actually does
This bill enacts a direct prohibition on the construction of data centers on Federal land, which includes National Forest System land and land managed by the Secretary of the Interior, while explicitly excluding various categories of Indian land. Additionally, it mandates that any future conveyance of Federal land must include a reversionary clause, ensuring the land reverts to the United States if it is subsequently used for a data center without specific Congressional authorization.
Proponents argue
Supporters would argue that this bill is essential for preserving the ecological integrity, natural beauty, and recreational value of Federal lands, which are held in public trust. They contend that data centers, with their significant energy and water demands and industrial footprint, are incompatible with the primary conservation and public use purposes of these lands, and that this prohibition ensures their protection for future generations.
Opponents contend
Opponents might argue that this bill imposes an overly broad restriction that could hinder economic development and job creation in areas that might otherwise benefit from data center investments. They could also contend that it limits options for critical technological infrastructure expansion, potentially increasing costs for operators and making it more challenging to find suitable sites, especially if private land alternatives are scarce or more expensive.
The bill is exceptionally short and clear, allowing for a quick and comprehensive understanding of its provisions and implications.
Section 1(b)
Prohibition on Construction of Data Centers on Federal Land
This section directly prohibits the construction of any new data centers on Federal land. Federal land is defined to include National Forest System land and land managed by the Secretary of the Interior, encompassing areas like national forests, national parks, and Bureau of Land Management (BLM) lands. However, the prohibition explicitly excludes lands within Indian reservations, pueblos, or rancherias, or lands held in trust for Indian Tribes or individual Indians, ensuring that tribal sovereignty over their lands is maintained.
Supporters argue
Supporters argue this provision is crucial for preserving the ecological integrity, recreational value, and scenic beauty of Federal lands, which are often held in public trust for conservation and public enjoyment. They emphasize that data centers are industrial facilities with significant environmental footprints (energy, water, heat) that are incompatible with these public land values.
Critics contend
Critics might contend that this blanket prohibition is overly broad and could prevent economically beneficial development in certain remote or less sensitive Federal land parcels where data centers might otherwise be suitable, especially if such locations offer strategic advantages like access to renewable energy or fiber optic networks. They may also argue it limits options for technological infrastructure expansion.
Tradeoffs
The provision balances the desire for economic development and technological infrastructure expansion against the imperative to conserve natural resources and public access on Federal lands. It prioritizes conservation and traditional public land uses over industrial development.
Section 1(c)
Reversionary Clause Required for Federal Land Conveyances
This section mandates that any Federal land conveyed (sold or transferred) on or after the bill's enactment date must include a specific reversionary clause. This clause stipulates that if the conveyed land is subsequently used for a data center, ownership of that land will automatically revert back to the United States government. This reversion would only be avoided if an Act of Congress specifically authorizes the use of that particular conveyed land for a data center, acting as a long-term safeguard against circumvention of the primary prohibition.