Accelerating Federal Permitting of Data Center Infrastructure
This Executive Order (EO 14318) directs federal agencies to speed the permitting and development of AI data center infrastructure and related components by reorganizing regulatory procedures, prioritizing federal lands and resources for data center projects, and aligning environmental reviews with a streamlined process. It defines data center projects and related components, sets thresholds for what counts as a qualifying project, and creates mechanisms to accelerate financing, permitting, and site availability—while revoking a prior AI infrastructure-focused EO (EO 14141). The order also leverages FAST-41 and the Federal Permitting Improvement Steering Council to increase transparency, reduce review timelines, and expand the use of categorical exclusions (i.e., exemptions from some environmental review) for qualifying projects. In short, the EO aims to accelerate the buildout of AI data center infrastructure by expediting regulatory approvals, expanding federal land use options, and providing financial and logistical support for qualifying projects. It seeks to balance speed with environmental and national security considerations through targeted streamlining and coordination across multiple federal agencies.
Key Points
- 1Defining and targeting qualifying projects
- 2- Data Center Project: a facility with more than 100 MW of new load dedicated to AI inference, training, simulation, or synthetic data generation.
- 3- Covered Components: critical components such as energy infrastructure, dispatchable power sources, semiconductors, networking equipment, and data storage.
- 4- Qualifying Project: criteria include at least $500 million in capital expenditures, more than 100 MW incremental load, or certain national security designations, enabling accelerated processing and potential support.
- 5Financing and incentives for Qualifying Projects (Sec. 3)
- 6- The Secretary of Commerce, with OSTP input, will coordinate financial support (loans, loan guarantees, grants, tax incentives, offtake agreements) and identify existing federal funding that can assist Qualifying Projects, while protecting national security.
- 7Regulatory revocation and policy shift (Sec. 4)
- 8- EO 14141 (Advancing United States Leadership in Artificial Intelligence Infrastructure) is revoked, signaling a shift in approach and emphasis under the new order.
- 9Environmental review streamlining (Sec. 5)
- 10- Agencies must identify existing NEPA categorical exclusions that could facilitate Qualifying Projects.
- 11- CEQ coordinates creation of new categorical exclusions for qualifying actions with minimal environmental impact.
- 12- Federal financial assistance that lacks substantial project-specific control may not be treated as a “major Federal action” under NEPA, with a presumption that projects funded with less than 50% federal support do not constitute substantial federal control.
- 13Transparency and FAST-41 integration (Sec. 6)
- 14- FPISC’s Executive Director can designate Qualifying Projects as transparency projects and publish them on the Permitting Dashboard (FAST-41), including expedited schedules.
- 15- Projects can transition from transparency to FAST-41 “covered projects” as appropriate, enabling further streamlined review.
- 16Permitting review streamlining (Sec. 7)
- 17- EPA will accelerate permitting on federal and non-federal lands across major environmental regimes (Clean Air Act, Clean Water Act, CERCLA, TSCA, etc.), to support Qualifying Projects.
- 18Biological and water permitting efficiencies (Sec. 8)
- 19- Programmatic ESA consultations and expedited review for common construction activities over the next decade.
- 20- Army nationwide permits review to determine whether an activity-specific nationwide permit is needed for Qualifying Projects.
- 21Federal lands and military bases availability (Sec. 9)
- 22- Interior and Energy will offer suitable site authorizations on federal lands consistent with applicable laws.
- 23- DoD may identify sites on military installations for Covered Component infrastructure and lease lands to support DoD energy/mission needs, with security considerations.
- 24General provisions (Sec. 10)
- 25- The order preserves statutory authority of agencies, requires implementing laws and appropriations, clarifies no new legal rights are created, and assigns publication costs to the DOE.