In conjunction with the recent release of an AI Action Plan, President Donald Trump signed an executive order (EO) tied to federal permitting for artificial intelligence (AI) data centers and related energy infrastructure.
The EO revokes EO 14141 signed by former President Joe Biden on January 14, 2025, regarding AI policy and infrastructure.
Section 5 of the EO directs the following regarding environmental reviews under the National Environmental Policy Act (NEPA):
• Agencies must identify established or adopted NEPA categorical exclusions (CEs) and report to the Council on Environmental Quality (CEQ) within 10 days of the order.
• CEQ will work with agencies to establish new CEs for data centers and supporting infrastructure.
• Projects receiving less than 50 percent federal funding are generally exempt from the NEPA process unless an agency has significant control over the project.
Section 6 of the EO extends authority to the executive director of the Federal Permitting Improvement Steering Council to designate a project as a “transparency project” even if it is not covered under FAST-41. The executive director is required to post projects within 30 days of designation on the FAST-41 Permitting Dashboard.
Section 7 directs the administrator of the Environmental Protection Agency to develop and promulgate rules under various applicable laws to streamline permitting on federal and non-federal lands.
It also directs EPA to identify Brownfield and Superfund sites suitable for constructing data centers and related infrastructure within 180 days.
Section 8 of the EO focuses on Endangered Species Act (ESA) reviews and Nationwide Permits (NWP) under the Clean Water Act and the Rivers and Harbors Appropriation Act of 1899.
This section:
• Directs the Secretaries of the Interior and Energy to identify sites where “common construction activities” will occur over the next 10 years for programmatic consultation under ESA Section 7. Programmatic consultations allow agencies to evaluate recurring or similar actions on a broader scale.
• Directs the Secretary of the Army to review and determine whether a new NWP is needed to streamline permitting for data centers and related infrastructure.
Section nine facilitates the use of federally owned lands for data center and energy infrastructure, including military installations, provided the actions align with national defense priorities.
The White House on July 23 released “America’s AI Action Plan,” a comprehensive action plan intended to increase U.S. development of artificial intelligence.
The plan includes dozens of policy recommendations across the government, including topics like AI workforce, AI regulation, and AI diplomacy. Notably, for public power is Pillar II: Build American AI Infrastructure, which addresses barriers to building AI data centers and semiconductor manufacturing, and the necessary electric infrastructure to support it.
