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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Presidential Documents]
[Pages 5469-5489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01395]



                        Presidential Documents 



Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 5469]]

                Executive Order 14141 of January 14, 2025

                
Advancing United States Leadership in Artificial 
                Intelligence Infrastructure

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Purpose. Artificial intelligence (AI) is a 
                defining technology of our era. Recent advancements in 
                AI demonstrate its rapidly growing relevance to 
                national security, including with respect to logistics, 
                military capabilities, intelligence analysis, and 
                cybersecurity. Building AI in the United States will 
                help prevent adversaries from gaining access to, and 
                using, powerful future systems to the detriment of our 
                military and national security. It will also enable the 
                United States Government to continue harnessing AI in 
                service of national-security missions while preventing 
                the United States from becoming dependent on other 
                countries' infrastructure to develop and operate 
                powerful AI tools.

                Advances at the frontier of AI will also have 
                significant implications for United States economic 
                competitiveness. These imperatives require building AI 
                infrastructure in the United States on the time frame 
                needed to ensure United States leadership over 
                competitors who, already, are racing to take the lead 
                in AI development and adoption. Building AI in the 
                United States requires enormous private-sector 
                investments in infrastructure, especially for the 
                advanced computing clusters needed to train AI models 
                and the energy infrastructure needed to power this 
                work. Already, AI's electricity and computational needs 
                are vast, and they are set to surge in the years ahead. 
                This work also requires secure, reliable supply chains 
                for critical components needed to build AI 
                infrastructure, from construction materials to advanced 
                electronics.

                This order sets our Nation on the path to ensure that 
                future frontier AI can, and will, continue to be built 
                here in the United States. In building domestic AI 
                infrastructure, our Nation will also advance its 
                leadership in the clean energy technologies needed to 
                power the future economy, including geothermal, solar, 
                wind, and nuclear energy; foster a vibrant, 
                competitive, and open technology ecosystem in the 
                United States, in which small companies can compete 
                alongside large ones; maintain low consumer electricity 
                prices; and help ensure that the development of AI 
                infrastructure benefits the workers building it and 
                communities near it.

                With this order, I provide a plan for protecting 
                national security, preserving our economic 
                competitiveness, revitalizing our energy 
                infrastructure, and ensuring United States leadership 
                in AI.

                Sec. 2. Policy. It is the policy of the United States 
                to enable the development and operation of AI 
                infrastructure, including data centers, in the United 
                States in accordance with five guiding principles. When 
                undertaking the actions set forth in this order, 
                executive departments and agencies (agencies) shall 
                adhere to these principles, as appropriate and 
                consistent with applicable law:

                    (a) The development of AI infrastructure should 
                advance United States national security and leadership 
                in AI. Meeting this goal will require steps by the 
                Federal Government, in collaboration with the private 
                sector, to advance AI development and use AI for future 
                national-security missions, including through the work 
                described in National Security Memorandum 25 of October 
                24, 2024 (Advancing the United States' Leadership in 
                Artificial

[[Page 5470]]

                Intelligence; Harnessing Artificial Intelligence to 
                Fulfill National Security Objectives; and Fostering the 
                Safety, Security, and Trustworthiness of Artificial 
                Intelligence) (NSM-25). It will also require the use of 
                safeguards to improve the cyber, supply-chain, and 
                physical security of the laboratories at which powerful 
                AI is developed, stored, and used. Additionally, 
                protecting United States national security will require 
                further work to evaluate and manage risks related to 
                the powerful capabilities that future frontier AI may 
                possess.
                    (b) The development of AI infrastructure should 
                advance United States economic competitiveness, 
                including by fostering a vibrant technology ecosystem. 
                Already, AI is creating new jobs and industries, and 
                its effects are being felt in sectors across the 
                economy. The Federal Government must ensure that the 
                United States remains competitive in the global 
                economy, including through harnessing the benefits of 
                this technology for all Americans. It must also promote 
                a fair, open, and competitive AI ecosystem so that 
                small developers and entrepreneurs can continue to 
                drive innovation--a priority highlighted in both 
                Executive Order 14110 of October 30, 2023 (Safe, 
                Secure, and Trustworthy Development and Use of 
                Artificial Intelligence), and NSM-25--as well as to 
                support secure, reliable supply-chain infrastructure 
                for AI activities.
                    (c) The United States can and should lead the world 
                in operating the next generation of AI data centers 
                with clean power. Meeting this goal will require 
                building on recent successes to modernize our Nation's 
                energy infrastructure; improve permitting processes; 
                and support investments in, and expeditious development 
                of, both currently available and emerging clean energy 
                technologies, such as geothermal energy, nuclear 
                energy, and long-duration energy storage used to store 
                clean energy, as well as relevant supply chains. The 
                United States must not be surpassed in its support for 
                the development, commercialization, and operation of 
                clean energy technologies at home and abroad, and the 
                rapid buildout of AI infrastructure offers another 
                vital opportunity to accelerate and deploy these energy 
                technologies. To help ensure that new data center 
                electricity demand does not take clean power away from 
                other end users, result in resource adequacy issues, or 
                increase grid emissions, the construction of AI 
                infrastructure must be matched with new, clean 
                electricity generation resources.
                    (d) The development of AI infrastructure should 
                proceed without raising energy costs for American 
                consumers and businesses, and it should have strong 
                community support. The companies developing, 
                commercializing, and deploying AI must finance the cost 
                of building the infrastructure needed for AI 
                operations, including the development of next-
                generation power infrastructure built for these 
                operations.
                    (e) The development of AI infrastructure should 
                benefit those working to build it. Meeting this goal 
                will require high labor standards and safeguards for 
                the buildout of AI infrastructure, consultation and 
                close collaboration with communities affected by this 
                infrastructure's development and operation, and 
                continuous work to mitigate risks and potential harms. 
                The American people more broadly must safely enjoy the 
                gains and opportunities from technological innovation 
                in the AI ecosystem.

                Sec. 3. Definitions. For purposes of this order:

                    (a) The term ``agency'' means each agency described 
                in 44 U.S.C. 3502(1), except for the independent 
                regulatory agencies described in 44 U.S.C. 3502(5).
                    (b) The term ``AI data center'' means a data center 
                used primarily with respect to developing or operating 
                AI.
                    (c) The term ``AI infrastructure'' refers 
                collectively to AI data centers, generation and storage 
                resources procured to deliver electrical energy to data 
                centers, and transmission facilities developed or 
                upgraded for the same purpose.

[[Page 5471]]

                    (d) The term ``AI model'' means a component of an 
                information system that implements AI technology and 
                uses computational, statistical, or machine-learning 
                techniques to produce outputs from a given set of 
                inputs.
                    (e) The term ``clean energy'' or ``clean energy 
                generation resources'' means generation resources that 
                produce few or no emissions of carbon dioxide during 
                operation, including when paired with clean storage 
                technologies. This term includes geothermal, nuclear 
                fission, nuclear fusion, solar, wind, hydroelectric, 
                hydrokinetic (including tidal, wave, and current), and 
                marine energy; and carbon capture, utilization, and 
                storage technologies (for which the carbon capture 
                equipment meets the definition set forth in 26 C.F.R. 
                1.45Q-2(c)) that operate with fossil fuel generation 
                resources, that achieve carbon dioxide capture rates of 
                90 percent or higher on an annual basis, and that 
                permanently sequester the captured carbon dioxide.
                    (f) The term ``clean power'' means electricity 
                generated by the generation resources described in 
                subsection (e) of this section.
                    (g) The term ``clean repowering'' means the 
                practice of siting new clean generation sources at a 
                site with an existing point of interconnection and 
                generation sources operating with fossil fuels, such 
                that some output or capacity from existing generation 
                sources is replaced by the new clean generation 
                sources.
                    (h) The term ``critical electric infrastructure 
                information'' has the same meaning as set forth in 18 
                C.F.R. 388.113(c).
                    (i) The term ``data center'' means a facility used 
                to store, manage, process, and disseminate electronic 
                information for a computer network, and it includes any 
                facility that is composed of one or more permanent or 
                semi-permanent structures, or that is a dedicated space 
                within such structure, and operates persistently in a 
                fixed location; that is used for the housing of 
                information technology equipment, including servers, 
                mainframe computers, high-performance computing 
                devices, or data-storage devices; and that is actively 
                used for the hosting of information and information 
                systems that are accessed by other systems or by users 
                on other devices.
                    (j) The term ``distributed energy resource'' has 
                the same meaning as set forth in 18 C.F.R. 
                35.28(b)(10).
                    (k) The term ``Federal Permitting Agencies'' refers 
                to the agency members of the Federal Permitting 
                Improvement Steering Council (Permitting Council) 
                established under section 41002 of the Fixing America's 
                Surface Transportation (FAST) Act, 42 U.S.C. 4370m-1, 
                as well as any other agency with authority to issue a 
                Federal permit or approval required for the development 
                or operation of AI infrastructure.
                    (l) The term ``Federal Risk and Authorization 
                Management Program'' refers to the program established 
                to provide an approach for the adoption and use of 
                cloud services by the Federal Government, as codified 
                in 44 U.S.C. 3607-3616 (as enacted by the FedRAMP 
                Authorization Act, section 5921 of Public Law 117-263).
                    (m) The term ``frontier AI data center'' means an 
                AI data center capable of being used to develop, within 
                a reasonable time frame, an AI model with 
                characteristics related either to performance or to the 
                computational resources used in its development that 
                approximately match or surpass the state of the art at 
                the time of the AI model's development.
                    (n) The term ``frontier AI infrastructure'' means 
                AI infrastructure for which the relevant data center is 
                a frontier AI data center.
                    (o) The term ``frontier AI training'' refers to the 
                act of developing an AI model with characteristics 
                related either to performance or to the computational 
                resources used in its development that approximately 
                match or surpass the state of the art at the time of 
                the AI model's development.
                    (p) The term ``generation resource'' means a 
                facility that produces electricity.

[[Page 5472]]

                    (q) The terms ``interconnection,'' 
                ``interconnection facilities,'' and ``point of 
                interconnection'' refer to facilities and equipment 
                that physically and electrically connect generation 
                resources or electrical load to the electric grid for 
                the purpose of the delivery of electricity, for which 
                grid operators have granted all appropriate approvals 
                required for those facilities and equipment to operate.
                    (r) The term ``lab-security measures'' refers to 
                steps to detect, prevent, or mitigate physical, cyber, 
                or other threats to the operation of a data center, to 
                the integrity of information or other assets stored 
                within it, or of unauthorized access to such 
                information or assets.
                    (s) The term ``leading-edge logic semiconductors'' 
                refers to semiconductors produced at high volumes using 
                extreme ultraviolet lithography tools as defined by the 
                CHIPS Incentives Program Notice of Funding Opportunity, 
                2023-NIST-CHIPS-CFF-01.
                    (t) The term ``model weight'' means a numerical 
                parameter within an AI model that helps determine the 
                model's outputs in response to inputs.
                    (u) The term ``new source review'' refers to the 
                permitting program with this name in 40 C.F.R. parts 51 
                or 52.
                    (v) The term ``non-Federal parties'' refers to 
                private-sector entities that enter into a contract with 
                the Department of Defense or the Department of Energy 
                pursuant to section 4(g) of this order.
                    (w) The term ``priority geothermal zone'' refers to 
                lands with high potential for the development of 
                geothermal power generation resources, as designated by 
                the Secretary of the Interior, including pursuant to 
                section 4(c) of this order.
                    (x) The term ``project labor agreement'' means a 
                pre-hire collective bargaining agreement that 
                establishes the terms and conditions of a construction 
                project.
                    (y) The term ``surplus interconnection service'' 
                has the same meaning as set forth in Federal Energy 
                Regulatory Commission Order No. 845.
                    (z) The terms ``transmission facilities'' and 
                ``transmission infrastructure'' mean equipment or 
                structures, including transmission lines and related 
                facilities, used for the purpose of delivering 
                electricity.
                    (aa) The term ``transmission organization'' refers 
                to a Regional Transmission Organization or an 
                Independent System Operator.
                    (bb) The term ``transmission provider'' means an 
                entity that manages or operates transmission facilities 
                for the delivery of electric energy used primarily by 
                the public and that is not a transmission organization.
                    (cc) The term ``waters of the United States'' has 
                the same meaning as set forth in 33 C.F.R. 328.3(a).

                Sec. 4. Establishing Federal Sites for AI 
                Infrastructure. (a) By February 28, 2025, the Secretary 
                of Defense and the Secretary of Energy shall, if 
                possible, each identify a minimum of 3 sites on Federal 
                land managed by their respective agencies that may be 
                suitable for the agencies to lease to non-Federal 
                entities for the construction and operation of a 
                frontier AI data center, as well as for the 
                construction and operation of clean energy facilities 
                to serve the data center, by the end of 2027. In 
                identifying these sites, each Secretary shall, as 
                feasible and appropriate, seek to prioritize sites that 
                possess the following characteristics, as consistent 
                with the objective of fully permitting and approving 
                work to construct a frontier AI data center at each 
                site by the end of 2025:

(i) inclusion of sufficient terrain with appropriate land gradients, soil 
durability, and other topographical characteristics for frontier AI data 
centers;

(ii) minimized adverse effects from AI infrastructure development or 
operation on local communities' health, wellbeing, and resource access; 
natural

[[Page 5473]]

or cultural resources; threatened or endangered species; and harbors or 
river improvements not associated with hydropower generation resources;

(iii) proximity to any communities seeking to host AI infrastructure, 
including for reasons related to local workers' access to jobs involved in 
designing, building, maintaining, and operating data centers;

(iv) ready access and proximity to high-voltage transmission infrastructure 
that minimizes the scale of, cost of, and timeline to develop any 
transmission upgrades or development needed to interconnect AI 
infrastructure, in consideration of access and proximity to:

(A) high-capacity transmission infrastructure with unused capacity, as 
identified by collection activities described in section 6 of this order;

(B) any planned generation facilities that can enable delivery of 
electricity to an AI data center on the site managed by each Secretary's 
respective agency, that possess an executed interconnection agreement with 
a transmission provider, that do not possess an executed power purchase 
agreement, and for which construction has not yet begun;

(C) any lands that the Secretary of the Interior identifies pursuant to 
subsection (c) of this section; and

(D) any power generation facilities with high clean repowering potential;

(v) location within geographic areas that are not at risk of persistently 
failing to attain National Ambient Air Quality Standards, and where the 
total cancer risk from air pollution is at or below the national average 
according to the Environmental Protection Agency's (EPA's) 2020 
AirToxScreen;

(vi) lack of proximity to waters of the United States for purposes of 
permitting requirements;

(vii) lack of extensive restrictions on land uses associated with 
constructing and operating AI infrastructure or on access to necessary 
rights-of-way for such activities;

(viii) ready access to high-capacity telecommunications networks;

(ix) suitability for the development of access roads or other temporary 
infrastructure necessary for the construction of AI infrastructure; and

(x) absence of other characteristics that would, if the site was used or 
repurposed for AI infrastructure, compromise a competing national security 
concern as determined by the relevant Secretary in consultation with the 
Assistant to the President for National Security Affairs.

                    (b) By March 15, 2025, the Secretary of the 
                Interior, acting through the Director of the Bureau of 
                Land Management (BLM), in consultation with the 
                Secretary of Defense, the Secretary of Energy, and the 
                Chair of the Federal Energy Regulatory Commission, 
                shall identify sites managed by BLM that the Secretary 
                of the Interior, acting through the Director of BLM, 
                deems may be suitable for granting or issuing rights of 
                way to private-sector entities to construct and operate 
                additional clean energy facilities that are being or 
                may be built as components of frontier AI 
                infrastructure developed pursuant to this section. In 
                performing this work, the Secretary of the Interior, in 
                consultation with the Secretary of Defense and the 
                Secretary of Energy, shall take steps to ensure where 
                feasible and appropriate that any such sites identified 
                under this subsection include sufficient acreage for 
                developing clean generation resources that can deliver 
                sufficient electricity to each site identified under 
                subsection (a) of this section for matching the 
                capacity needs of frontier AI data centers on the 
                latter sites. The sites identified under this 
                subsection shall include any land managed by the 
                Department of the Interior that is within a region 
                designated by the Secretary of the Interior under 
                subsection (c) of this section, or a region 
                preliminarily identified as a candidate for such 
                designation. In determining the suitability of sites, 
                the Secretary of the Interior, acting through the 
                Director of BLM, shall prioritize identification of 
                sites that:

[[Page 5474]]

(i) contain completed, permitted, or planned clean generation projects that 
can enable delivery of electricity as described in this subsection and 
possess an executed interconnection agreement with a transmission provider;

(ii) have been allocated as available for solar applications in the Final 
Programmatic Environmental Impact Statement and Proposed Resource 
Management Plan Amendments for Utility-Scale Solar Energy Development, 
published by BLM, or that have otherwise been allocated as available for 
clean-energy applications in a BLM resource management plan;

(iii) have reasonable access to and are located nearby existing high-
voltage transmission lines that have at least one gigawatt of additional 
capacity available, or for which such capacity can be reasonably developed 
through reconductoring, grid-enhancing technologies, or transmission 
upgrades;

(iv) possess the characteristics described in subsections (a)(i)-(x) of 
this section, in a manner that is consistent with the objective of fully 
permitting and approving work to construct utility-scale power facilities 
on a timeline that allows for the operation of those facilities by the end 
of 2027 or as soon as feasible thereafter; and

(v) possess other characteristics conducive to enabling new clean power 
development at such sites to contribute to lower regional electricity 
prices or to bring other community benefits.

                    (c) By March 15, 2025, the Secretary of the 
                Interior, acting through the Director of BLM and in 
                consultation with the Secretary of Energy, shall, if 
                possible, designate at least five regions composed of 
                lands or subsurface areas managed by the Department of 
                the Interior as Priority Geothermal Zones (PGZs). The 
                Secretary of the Interior shall designate those regions 
                based on their potential for geothermal power 
                generation resources, including hydrothermal and next-
                generation geothermal power and thermal storage; 
                diversity of geological characteristics; and possession 
                of the characteristics described in subsections (a)(i)-
                (x) and (b)(i)-(v) of this section.
                    (d) The Secretary of Defense, the Secretary of 
                Energy, and the Secretary of the Interior shall each 
                make a legal determination as to whether each site 
                identified pursuant to subsections (a) and (b) of this 
                section is available for lease or for the issuance of a 
                right of way, as appropriate, pursuant to the authority 
                of the Secretary that made the identification, and as 
                to whether the Secretary has the legal authority to 
                lease or grant a right of way over or upon each site 
                identified for the construction of frontier AI 
                infrastructure. For purposes of this order, a site 
                shall be considered ``cleared'' under this subsection 
                if the relevant Secretary has determined that the site 
                is available for lease and the Secretary concerned has 
                the authority to lease it.
                    (e) By March 31, 2025, the Secretary of Defense and 
                the Secretary of Energy, in coordination with the heads 
                of any other agencies that either Secretary deems 
                appropriate, shall coordinate to design, launch, and 
                administer competitive public solicitations of 
                proposals from non-Federal entities to lease Federal 
                land to construct frontier AI infrastructure, including 
                frontier AI data centers, on sites identified under 
                subsection (a) of this section and cleared under 
                subsection (d) of this section, if any. When issuing 
                the solicitations, the Secretaries shall announce the 
                sites identified under subsection (a) of this section 
                and cleared under subsection (d) of this section, if 
                any, and additional relevant information including the 
                sites' geographic coordinates, technical 
                characteristics, proximity to sites identified 
                consistent with subsection (b) of this section and 
                cleared under subsection (d) of this section, if any, 
                and other relevant information. The solicitations 
                shall, to the extent consistent with applicable law and 
                to the extent the Secretaries agree that such 
                requirements promote national defense, national 
                security, or the public interest, as appropriate, 
                require applicants to identify particular sites on 
                which they propose to construct and operate frontier AI 
                infrastructure; submit a detailed plan specifying 
                proposed timelines, financing methods, and technical 
                construction plans associated with such construction

[[Page 5475]]

                work, including a contingency plan for decommissioning 
                infrastructure on Federal sites; submit a plan that 
                describes proposed frontier AI training work to occur 
                at the site once operational; submit a plan for 
                detailing the extent of the use of high labor and 
                construction standards as described in subsection 
                (g)(viii) of this section; and submit a plan with 
                proposed lab-security measures, including personnel and 
                material access requirements, that could be associated 
                with the operation of frontier AI infrastructure. These 
                requirements should be designed to ensure adequate 
                collection of information from applicants regarding the 
                criteria in subsections (g)(i)-(xvi) of this section. 
                The solicitations shall close within 30 days of their 
                issuance.
                    (f) By March 31, 2025, the Secretary of the 
                Interior, in consultation with the Secretary of Defense 
                and the Secretary of Energy, shall publicize the sites 
                identified under subsection (b) of this section and 
                cleared under subsection (d) of this section, if any, 
                and additional relevant information including the 
                sites' geographic coordinates, technical 
                characteristics, proximity to sites identified 
                consistent with subsection (a) of this section and 
                cleared under subsection (d) of this section, if any, 
                and other relevant information.
                    (g) By June 30, 2025, the Secretary of Defense and 
                the Secretary of Energy shall announce any winning 
                proposals identified through solicitations described in 
                subsection (e) of this section. In selecting any 
                winning proposals, the Secretary of Defense and the 
                Secretary of Energy shall, in consultation with each 
                other, assign winners the opportunity to apply for any 
                Federal permits needed to build and operate frontier AI 
                infrastructure pursuant to the frameworks described in 
                subsection (h) of this section on any sites included in 
                the solicitations issued under subsection (e) of this 
                section, as the Secretaries deem appropriate. The 
                Secretaries shall consult with the Attorney General on 
                the implications of selections on the competition and 
                market-structure characteristics of the broader AI 
                ecosystem. The Chair of the Federal Trade Commission is 
                encouraged to participate in these consultations. The 
                Secretaries shall, to the extent consistent with 
                applicable law and to the extent that the Secretaries 
                assess that the requirement promotes national defense, 
                national security, or the public interest, as 
                appropriate, select at least one proposal developed and 
                submitted jointly by a consortium of two or more small- 
                or medium-sized organizations--as determined by those 
                organizations' market capitalization, revenues, or 
                similar characteristics--provided that the Secretaries 
                receive at least one such proposal that meets the 
                appropriate qualifications. The Secretaries shall 
                provide technical assistance, as appropriate, to small- 
                or medium-sized organizations seeking to submit 
                proposals. The criteria for selecting winning proposals 
                shall include, at a minimum, consideration of the 
                following characteristics of the applicants and any 
                identified partner organizations, to the extent 
                consistent with applicable law and to the extent that 
                the Secretaries agree that the listed characteristics 
                promote national defense, national security, or the 
                public interest, as appropriate:

(i) proposed financing mechanisms and sources of funds secured or likely to 
be secured for work to be performed at the site;

(ii) plans for ensuring high-quality AI training operations to be executed 
at the site by the applicant or third-party partners;

(iii) plans for maximizing energy, water, and other resource efficiency, 
including waste-heat utilization in constructing and operating the AI data 
center at the site, the strength of the proposed energy master plan for the 
site, and the quality of analysis of potential strains on local 
communities;

(iv) safety and security measures, including cybersecurity measures, 
proposed to be implemented at the site, and capabilities for such 
implementation;

(v) capabilities and acumen of applicable AI scientists, engineers, and 
other workforce essential to the operation of AI infrastructure;

[[Page 5476]]

(vi) plans for commercializing or otherwise deploying or advancing 
deployment of appropriate intellectual property, including AI model 
weights, developed at the site, as well as plans for commercializing or 
otherwise deploying or advancing deployment of innovations related to power 
generation and transmission infrastructure developed in the course of 
building or operating AI infrastructure;

(vii) plans to help ensure that the construction and operation of AI 
infrastructure does not increase electricity costs to other ratepayers or 
water costs to consumers, including, as appropriate, through appropriate 
proposed or recommended future engagement with any applicable regulatory 
authorities and State, Tribal, or local governments;

(viii) plans to use high labor standards that help ensure continuous and 
high-quality work performed on the site, such as paying prevailing wages; 
hiring registered apprentices; promoting positive labor-management 
relations through a project labor agreement; and otherwise adopting high 
job quality and labor standards for the construction and operations 
workforce as set forth in Executive Order 14126 of September 6, 2024 
(Investing in America and Investing in American Workers), and a plan to 
address labor-related risks associated with the development and use of AI;

(ix) design features and operational controls and plans that mitigate 
potential environmental effects and implement strong community health, 
public safety, and environmental protection measures;

(x) other benefits to the community and electric grid infrastructure 
surrounding the site;

(xi) experience completing comparable construction projects;

(xii) experience in compliance with Federal, State, and local permits and 
environmental reviews relevant to construction and operation of AI 
infrastructure or, in the alternative, other evidence of an ability to 
obtain and comply with such permits or reviews in an efficient manner;

(xiii) the presence of organizational and management structures to help 
ensure sound governance of work performed at the site;

(xiv) the effect of the selection of an applicant on the emergence of an 
interoperable, competitive AI ecosystem;

(xv) whether an applicant has already been assigned an opportunity, or is 
being assigned another opportunity, to build a frontier AI data center on a 
Federal site through the solicitation process described in this section; 
and

(xvi) other considerations of national defense, national security, or the 
public interest, including economic security, as the Secretary of Defense 
and the Secretary of Energy deem appropriate.

                    (h) By June 30, 2025, the Secretary of Defense and 
                the Secretary of Energy, in consultation with the 
                Secretary of the Interior, shall each develop a 
                framework through which any winning applicants selected 
                under subsection (g) of this section may apply to lease 
                sites respectively identified under subsection (a) of 
                this section, and cleared under subsection (d) of this 
                section, to construct and operate AI infrastructure, 
                and by which the applicants may own the AI 
                infrastructure facilities on those sites, subject to 
                the conditions described in subsections (i)-(x) of this 
                subsection. To the extent that the Secretaries assess 
                that it is consistent with national defense, national 
                security, or the public interest, as appropriate, these 
                frameworks shall allow for winning applicants to 
                cooperate with other appropriate private-sector 
                entities on construction and operation activities, 
                including through contracting and subcontracting 
                relationships, and the frameworks shall not require 
                that parties proposing to own AI infrastructure be 
                identical to those proposing to operate the 
                infrastructure or perform work at the sites on which 
                the infrastructure is located. Actions taken by Federal 
                entities pursuant to the frameworks shall conform to 
                any applicable requirements of Appendix B of Office of 
                Management and Budget (OMB) Circular A-

[[Page 5477]]

                11 and any other appropriate budget-scoring practices; 
                applicable in-kind consideration shall be taken into 
                account in calculating the cost to lessees of any such 
                leases. As part of the foregoing work, the Secretary of 
                Defense and the Secretary of Energy shall, to the 
                extent consistent with their respective authorities and 
                with national defense, national security, or the public 
                interest, as appropriate, require lease or contract 
                terms that accomplish the following:

(i) establish a target of the applicant's beginning construction of a 
frontier AI data center by January 1, 2026, and commencing full-capacity 
operation of the AI infrastructure by December 31, 2027, subject to 
fulfillment of relevant statutory and regulatory requirements, and in a 
manner consistent with opportunities to operate the infrastructure at or 
below full capacity at an earlier date;

(ii) require that, concurrent with operating a frontier AI data center on a 
Federal site, non-Federal parties constructing, owning, or operating AI 
infrastructure have procured sufficient new clean power generation 
resources with capacity value to meet the frontier AI data center's planned 
electricity needs, including by providing power that matches the data 
center's timing of electricity use on an hourly basis and is deliverable to 
the data center;

(iii) clarify that non-Federal parties bear all responsibility for paying 
any costs that parties to the frameworks described in subsection (h) of 
this section, as well as transmission providers or transmission 
organizations or other entities not party to the contract, incur from work 
pursuant to it, including costs of work performed by agencies to complete 
necessary environmental reviews, any costs related to the procurement of 
clean power generation resources and capacity in accordance with subsection 
(g)(ii) of this section, any costs of decommissioning AI infrastructure on 
Federal sites, any costs of developing transmission infrastructure needed 
to serve a frontier AI data center on a Federal site, and the fair market 
value of leasing and using applicable Federal lands;

(iv) require adherence to technical standards and guidelines for cyber, 
supply-chain, and physical security for protecting and controlling any 
facilities, equipment, devices, systems, data, and other property, 
including AI model weights, that are developed, acquired, modified, used, 
or stored at the site or in the course of work performed on the site. The 
Secretary of Commerce, acting through the Director of the National 
Institute of Standards and Technology (NIST) and the Director of the AI 
Safety Institute (AISI) at NIST, in consultation with the Secretary of 
Defense, the Secretary of Energy, and the Director of National 
Intelligence, shall identify available standards and guidelines to which 
adherence shall be required under this subsection. The identified standards 
should reflect and incorporate guidelines and best practices developed by 
the Secretary of Commerce, acting through the Director of NIST, pursuant to 
Executive Order 14028 of May 12, 2021 (Enhancing United States 
Cybersecurity), and Executive Order 14110 of November 1, 2023 (Safe, 
Secure, and Trustworthy Development and Use of Artificial Intelligence). 
The Secretary of Commerce, acting through the Director of AISI at NIST, 
shall support the ongoing improvement of the framework described in this 
subsection by developing security guidelines for frontier AI training and 
operation and, as part of this work, shall comprehensively evaluate the 
security implications of publicly available AI models that the Secretary of 
Commerce, acting through the Director of AISI at NIST, deems globally 
significant;

(v) require that non-Federal parties owning or operating frontier AI data 
centers sign a memorandum of understanding with the Secretary of Commerce, 
acting through the Director of AISI at NIST, to facilitate collaborative 
research and evaluations on AI models developed, acquired, modified, run, 
or stored at the site or in the course of work performed on the site, for 
the purpose of assessing the national-security or other significant risks 
of those models;

[[Page 5478]]

(vi) require non-Federal parties to report information about investments or 
financial capital from any person used or involved in the development 
(including construction), ownership, or operation of AI infrastructure on 
the site and in the development, operation, or use of AI models operating 
in such AI infrastructure, as appropriate to evaluate risks to national 
security; and require non-Federal parties to limit the involvement in any 
such activities of, or the use or involvement in any such activities of 
investments or financial capital from, any person whom the Secretaries of 
Defense or Energy deem appropriate on national security grounds;

(vii) require non-Federal parties owning or operating AI data centers on 
Federal sites to take appropriate steps to advance the objective of 
harnessing AI, with appropriate safeguards, for purposes of national 
security, military preparedness, and intelligence operations, including 
with respect to the objectives and work outlined in NSM-25. Such steps 
shall, as consistent with applicable legal authorities, include 
collaborating with the Federal Government on regularly recurring 
assessments of the national-security implications of AI models developed on 
Federal sites, as appropriate. In addition, as appropriate and consistent 
with any relevant Federal procurement laws and regulations, the non-Federal 
parties shall be required to commit to providing access to such models, and 
critical resources derivative of such models, to the Federal Government for 
national-security applications at terms at least no less favorable than 
current market rates, consistent with NSM-25 and the associated Framework 
to Advance AI Governance and Risk Management in National Security. To the 
extent feasible, AI models and resources derived from them shall be 
developed and provided to the Federal Government in a manner that prevents 
vendor lock-in and supports interoperability, including as consistent with 
the measures in section 5 of OMB Memorandum M-24-18;

(viii) require that non-Federal parties owning or operating frontier AI 
data centers on Federal sites develop plans to make available computational 
resources that are not dedicated to supporting frontier AI training, or 
otherwise allocated under another provision, for commercial use by startups 
and small firms on nondiscriminatory terms and in a manner that minimizes 
barriers to interoperability, entry, or exit for users;

(ix) require non-Federal parties owning or operating AI infrastructure on 
Federal sites to explore the availability of clean energy resources--such 
as geothermal power generation resources and thermal storage, long-duration 
storage paired with clean energy, and carbon capture and sequestration as 
described in section 3(e) of this order, as well as beneficial uses of 
waste heat--at any appropriate sites that those parties lease for purposes 
of constructing frontier AI data centers on Federal sites or procuring 
power generation capacity to serve these data centers; and

(x) require AI developers owning and operating frontier AI data centers on 
Federal sites either to procure, for use in the development of their data 
centers, an appropriate share (as measured by monetary value) of leading-
edge logic semiconductors fabricated in the United States to the maximum 
extent practicable; or to develop and implement a plan, subject to the 
respective approval of the Secretary of Defense or the Secretary of Energy, 
to qualify leading-edge logic semiconductors fabricated in the United 
States for use in the developer's data centers as soon as practicable. The 
Secretary of Defense and the Secretary of Energy shall develop any such 
requirements--including any determinations about amounts of leading-edge 
logic semiconductors that may be considered ``appropriate''--in 
consultation with the Secretary of Commerce.

                    (i) Within 1 year of the date of this order and 
                consistent with applicable law, the Secretary of 
                Defense, in consultation with the Secretary of 
                Commerce, the Secretary of Energy, the Secretary of 
                Homeland Security, the Director of National 
                Intelligence, and the Assistant to the President for 
                National Security Affairs, shall issue regulations that 
                prescribe heightened safeguards to protect computing 
                hardware acquired, developed, stored, or

[[Page 5479]]

                used on any sites on which frontier AI infrastructure 
                is located and that are managed by the Department of 
                Defense, as needed to implement or build upon the 
                objectives of, or the requirements established pursuant 
                to, subsection 4(g)(iv). The regulations shall include 
                requirements to conform with appropriate high-impact 
                level standards identified through the Federal Risk and 
                Authorization Management Program, and they shall 
                further provide for appropriate penalties consistent 
                with applicable authorities. No less than annually the 
                Secretary of Defense, in consultation with the 
                aforementioned individuals, shall review the need for 
                updates to the regulations, and promulgate any 
                necessary revisions. The Secretary of Energy shall 
                impose substantively the same requirements with respect 
                to frontier AI infrastructure on sites managed by the 
                Department of Energy, to the extent authorized by law.
                    (j) To enable the use--for advancing geothermal 
                power development, including the development of thermal 
                storage--of Federal lands already subject to leases:

(i) Within 180 days of the date of this order, the Secretary of the 
Interior shall establish a program with personnel dedicated to providing 
technical assistance for, streamlining, and otherwise advancing direct-use 
leasing of geothermal projects on BLM lands, including as consistent with 
the policies set forth in 43 C.F.R. subpart 3205, and leases of geothermal 
projects on lands subject to mining claims or under an oil and gas lease.

(ii) When issuing leases and related authorizations for geothermal 
projects, the Secretary of the Interior shall consider the extent to which 
the requirements of the National Environmental Policy Act (NEPA), 42 U.S.C. 
4321 et seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and other 
appropriate statutes have been satisfied by prior analyses of the lease 
area.

                    (k) In performing the work described in section 4 
                of this order, including as related to the selection 
                and management of sites, the head of each respective 
                Federal agency shall:

(i) consult, as appropriate and consistent with applicable law, Executive 
Order 13175 of November 6, 2000 (Consultation and Coordination with Indian 
Tribal Governments), and the Presidential Memorandum of November 30, 2022 
(Uniform Standards for Tribal Consultation), with Tribal Nations for which 
such work may have implications or who otherwise request such consultation;

(ii) seek input from, as appropriate and consistent with applicable law and 
Administration policies, with State and local governments and other 
stakeholders and communities for which such work may have implications; and

(iii) consider taking actions that present the greatest opportunities to 
support the goals described in Safely and Responsibly Expanding U.S. 
Nuclear Energy: Deployment Targets and A Framework for Action (November 
2024).

                Sec. 5. Protecting American Consumers and Communities. 
                (a) Within 180 days of the date of this order, the 
                Secretary of Energy, in consultation with the Chair of 
                the Council of Economic Advisors and the heads of other 
                agencies that the Secretary deems appropriate, shall 
                submit a report to the President on the potential 
                effects of AI data centers on electricity prices for 
                consumers and businesses. This report shall include 
                electricity-rate-structure best practices for 
                appropriate Federal agencies, State regulators, and 
                transmission providers and transmission organizations 
                to promote procurement of clean energy generation 
                resources as components of AI infrastructure without 
                increasing costs for other customers through cost-
                allocation processes or other mechanisms--particularly 
                in regions that have or are expected to have high 
                concentrations of AI infrastructure--as well as 
                regional analyses of key data center hubs. The report 
                shall further account for any existing approaches 
                developed by Federal agencies to engage transmission 
                providers and State regulators regarding electricity 
                prices. After submitting the report, the Secretary of 
                Energy shall engage appropriate private-sector

[[Page 5480]]

                entities, to include the winning applicants selected 
                under subsection 4(g) of this order, on the report's 
                findings and recommendations.

                    (b) The Secretary of Energy shall provide technical 
                assistance to State public utility commissions to 
                consider rate structures, including clean transition 
                tariffs and any other appropriate structures identified 
                under subsection (a) of this section, to enable new AI 
                infrastructure to use clean energy without causing 
                unnecessary increases in electricity or water prices.
                    (c) The Secretary of Energy and the heads of other 
                appropriate agencies as the Secretary of Energy deems 
                appropriate, shall coordinate to expand research-and-
                development efforts related to AI data center 
                efficiency. Supported research and development shall 
                cover, as appropriate, efficiency considerations 
                associated with data center buildings, including the 
                data center shell; electrical systems; heating, 
                ventilation, and cooling infrastructure; software; and 
                beneficial use cases for wastewater heat from data 
                center operations. As part of this work, the Secretary 
                of Commerce and the Secretary of Energy shall submit a 
                report to the President identifying appropriate ways 
                that agencies can advance industry-wide data center 
                energy efficiency through research and development, 
                including server consolidation; hardware efficiency; 
                virtualization; optimized cooling and airflow 
                management; and power management, monitoring, and 
                capacity planning.
                    (d) In implementing this order with respect to AI 
                infrastructure on Federal sites, the heads of relevant 
                agencies shall prioritize taking appropriate measures 
                to keep electricity costs low for households, 
                consumers, and businesses.
                    (e) Within 180 days of the date of this order, the 
                Director of OMB, in consultation with the Chair of the 
                Council on Environmental Quality (CEQ), shall evaluate 
                best practices for public participation and 
                governmental engagement in the development of potential 
                siting and energy-related infrastructure for data 
                centers, to include practices for seeking input on 
                potential health, safety, and environmental impacts and 
                mitigation measures for nearby communities. The 
                Director shall present recommendations to the Secretary 
                of Defense and the Secretary of Energy, who shall--as 
                feasible and appropriate, and to advance the goals of 
                assuring effective governmental engagement and 
                meaningful public participation--implement and 
                incorporate these recommendations into their siting and 
                related decision-making processes regarding AI 
                infrastructure.

                Sec. 6. Facilitating Electric Grid Interconnections for 
                Federal Sites. (a) Within 60 days of the date of this 
                order, for the purpose of supporting any winning 
                applicants of the solicitations described in subsection 
                4(e) of this order, the Secretary of Energy shall 
                establish requirements for transmission providers and 
                transmission organizations to report to the Secretary 
                information regarding surplus interconnection service; 
                available transmission capacity for interconnecting 
                generators; opportunities for clean repowering; and 
                proposed, planned, or initiated projects to build clean 
                power generation capacity for which construction is not 
                complete, but which have executed generation 
                interconnection agreements. Information requested 
                regarding these proposed, planned, or initiated 
                projects shall include the size, location, and 
                generation technology for each such clean power 
                generation project, as well as the status and estimated 
                cost of any transmission upgrades necessary to enable 
                that project's interconnection consistent with the 
                interconnection agreement. The Secretary shall 
                facilitate communication, as appropriate, among the 
                owners of such surplus interconnection service, 
                facilities with opportunities for clean repowering, or 
                clean power generator projects and winning applicants 
                to the solicitations described in subsection 4(e) of 
                this order. The Secretary shall further establish 
                appropriate requirements for transmission providers and 
                transmission organizations to continue reporting 
                information described in this subsection on an ongoing 
                basis, and in any event no less than annually.

                    (b) Within 120 days of the date of this order, the 
                Secretary of Energy shall identify and communicate, as 
                appropriate, a prioritized list of underutilized points 
                of interconnection that are relevant to AI 
                infrastructure on Federal sites and that demonstrate 
                the highest potential for uses associated

[[Page 5481]]

                with AI infrastructure. In developing this list, the 
                Secretary shall direct transmission providers and 
                transmission organizations to identify areas of the 
                transmission network best suited to serve as points of 
                interconnection for either data centers or other AI 
                infrastructure that will use electricity from the 
                transmission system--and locations best suited for 
                interconnection of clean generators to serve such data 
                centers--considering criteria such as minimizing the 
                need for transmission upgrades necessary to accommodate 
                such interconnection and access to clean energy 
                generation resources.
                    (c) By June 30, 2025, the Secretary of Energy, in 
                coordination with the Secretary of Defense and in 
                consultation, as appropriate, with the Secretary of the 
                Interior and the Secretary of Agriculture, shall engage 
                with transmission providers and transmission 
                organizations owning, operating, or maintaining 
                transmission infrastructure located near Federal sites 
                selected for AI infrastructure to identify any grid 
                upgrades, deployment of advanced transmission 
                technologies such as high-performance conductors or 
                grid-enhancing technologies, operational changes, or 
                other steps expected to be required for extending 
                interconnection services to AI infrastructure by the 
                end of 2027. Such engagements shall continue as the 
                parties deem appropriate, and they shall prioritize, as 
                appropriate, efforts to enable use of surplus 
                interconnection services, clean repowering, and other 
                methods of accelerated shifts toward clean power and 
                beneficial use of waste heat. The engagements shall 
                also include consideration of ways that the performance 
                of such work as described in this subsection can most 
                contribute to lower regional electricity prices.
                    (d) The Secretary of Energy shall conduct an 
                analysis of currently available transmission 
                infrastructure serving potential sites, and the likely 
                cost and feasibility of, and timeline for, developing 
                additional such infrastructure needed for constructing 
                and operating a frontier AI data center on sites 
                identified under subsection 4(a) of this order, and 
                cleared under subsection 4(d) of this order, including 
                by providing the frontier AI data center with clean 
                energy and capacity. The Secretary shall identify and 
                collect from transmission providers and transmission 
                organizations information that the Secretary deems 
                necessary for the analysis required under this 
                subsection. The Secretary shall, as appropriate, treat 
                such information as critical electric infrastructure 
                information.

                Sec. 7. Expeditiously Processing Permits for Federal 
                Sites. (a) The heads of Federal Permitting Agencies 
                shall prioritize work and exercise all applicable 
                authorities, as appropriate, to expedite the processing 
                of permits and approvals required for the construction 
                and operation of AI infrastructure on Federal sites, 
                with the goal of issuing all permits and approvals 
                required for construction by the end of 2025 or as soon 
                as they can be completed consistent with applicable 
                law. As part of this work, the Permitting Council may 
                provide coordination of permitting for AI 
                infrastructure on Federal sites, as appropriate and to 
                the extent that the relevant developers of AI 
                infrastructure submit a notice of the initiation of a 
                proposed covered project under 42 U.S.C. 4370m-2 and 
                the project is determined to be such a covered project 
                by the Permitting Council.

                    (b) To facilitate expeditious implementation of the 
                requirements under NEPA with respect to Federal sites:

(i) The Secretary of Defense, the Secretary of the Interior, and the 
Secretary of Energy shall identify, within their respective agencies, 
personnel dedicated to performing NEPA reviews of projects to construct and 
operate AI infrastructure on Federal sites.

(ii) The Secretary of Defense, in consultation with the Secretary of the 
Interior, the Secretary of Agriculture, the Secretary of Commerce, and the 
Secretary of Energy, shall undertake a programmatic environmental review, 
on a thematic basis, of the environmental effects--and opportunities to 
mitigate those effects--involved with the construction and operation of AI 
data centers, as well as of other components of AI infrastructure as the 
Secretary of Defense deems appropriate. The review shall conclude, with all 
appropriate documents published, on the date of the close of

[[Page 5482]]

the solicitations described in subsection 4(e) of this order, or as soon 
thereafter as possible. The review shall, as applicable, incorporate by 
reference previously developed environmental studies, surveys, and impact 
analyses, including the analysis described in subsection 4(b)(ii) of this 
order.

(iii) After the conclusion of the programmatic review described in 
subsection (b)(ii) of this section, the Secretary of Defense, the Secretary 
of the Interior, the Secretary of Energy, and the heads of other relevant 
agencies, as appropriate, shall commence any further environmental reviews 
that are required under NEPA for the construction and operation of AI 
infrastructure on Federal sites, including by applying any available 
categorical exclusions. Such reviews shall, as appropriate, build on or 
incorporate by reference the programmatic environmental review conducted 
under subsection (b)(ii) of this section, as well as any other studies, 
surveys, and impact analyses that the Secretaries deem appropriate.

                    (c) To advance expeditious preconstruction 
                permitting and ensure full compliance with air-quality 
                permit requirements for AI infrastructure, the 
                Administrator of the EPA, in consultation with the 
                Secretary of Defense and the Secretary of Energy, 
                shall:

(i) within 30 days of the selection of winning applications under 
subsection 4(g) of this order, engage State and local permitting 
authorities with jurisdiction over sites selected for AI infrastructure, as 
appropriate, to enhance relevant authorities' understanding of the 
technical characteristics of AI infrastructure projects as relevant to new 
source reviews under the Clean Air Act, 42 U.S.C. 7401 et seq., and to 
enhance the public's understanding of the same, as well as to facilitate 
the acquisition of information by AI developers operating on Federal sites 
regarding best practices for expeditiously obtaining air-quality permits;

(ii) continue engagements with State and local permitting authorities, and 
provide technical assistance to AI developers operating on Federal sites, 
on an ongoing basis and as appropriate, to help advance expeditious 
conclusion of, and compliance with, new source reviews; and

(iii) following the acquisition of all preconstruction air-quality permits 
by developers, take steps to ensure, on an ongoing basis and as 
appropriate, that AI developers operating on Federal sites adhere to all 
requirements of operational air-quality permits applicable to their 
respective projects; that information needed to demonstrate compliance, 
possibly including air-monitoring data, is made publicly available and 
regularly updated; and that best practices are identified for air-emissions 
reduction and air-quality monitoring regarding AI infrastructure on Federal 
sites.

                    (d) To help ensure expeditious permitting or 
                permission processes related to waters of the United 
                States and harbor and river improvements, the Secretary 
                of Defense shall prioritize work, as appropriate, to 
                process applications for permits administered by the 
                United States Army Corps of Engineers (USACE) under the 
                Clean Water Act, 33 U.S.C. 1251 et seq., and to process 
                applications for permission for appropriate projects 
                under section 14 of the Act of March 3, 1899 (33 U.S.C. 
                408), as consistent with the statutes' requirements, in 
                order to render determinations on any such permits or 
                permissions associated with AI infrastructure on 
                Federal sites by the end of 2025, or as soon as 
                feasible consistent with statutory requirements. The 
                Secretary shall, consistent with applicable law, 
                prioritize allocation of resources toward USACE 
                district offices, and direct the allocation of 
                resources within such offices, as needed to comply with 
                this directive. The Secretary shall further apply all 
                general permits applicable to AI infrastructure where 
                appropriate to promote expeditious permitting on such 
                Federal sites.
                    (e) Within 30 days of the selection of any winning 
                applications under subsection 4(g) of this order, the 
                Secretary of Defense and the Secretary of Energy shall 
                initiate Tribal consultations as applicable and 
                appropriate based on the sites selected. Upon receipt 
                of sufficient project information, the Secretary of 
                Defense and the Secretary of Energy shall further 
                initiate

[[Page 5483]]

                consultations with the Secretary of the Interior, 
                acting through the Director of the United States Fish 
                and Wildlife Service (USFWS), to ensure that the 
                construction and operation of AI infrastructure on each 
                site that is identified under subsection 4(a) of this 
                order, cleared under subsection 4(d) of this order, and 
                subsequently chosen as the location for the 
                construction and operation of AI infrastructure 
                pursuant to a winning application under subsection 4(g) 
                of this order are not likely to jeopardize the 
                continued existence of any endangered species or 
                threatened species or result in the destruction or 
                adverse modification of a critical habitat of such 
                species. The Secretary of Defense and the Secretary of 
                Energy shall conclude such consultations with USFWS, to 
                the maximum extent practicable, within 90 days of the 
                initiation of such consultations when feasible and 
                consistent with statutory requirements.
                    (f) To advance the development of geothermal energy 
                production and thermal storage, including in support of 
                AI infrastructure on Federal sites:

(i) Within 60 days of the date of this order, the Secretary of the Interior 
shall undertake a programmatic environmental review, on a thematic basis, 
of the environmental impacts and associated mitigations involved with the 
construction and operation of a geothermal power plant.

(ii) By the date on which the review described in subsection (f)(i) of this 
section is completed, the Secretary of the Interior shall establish a 
target cumulative capacity of permitted or operational geothermal projects 
by a year that the Secretary shall designate.

(iii) Within 60 days of the date of this order, the Secretary of the 
Interior shall assess existing categorical exclusions that are listed in 
the NEPA procedures of other agencies and could apply to actions taken in 
connection with geothermal energy development. The Secretary shall propose 
adopting such categorical exclusions as the Secretary, after consultation 
with the heads of agencies whose NEPA procedures list the categorical 
exclusions, deems appropriate, and, after considering all comments received 
through applicable public comment processes, take any actions to adopt 
categorical exclusions that are appropriate given the received comments, as 
consistent with the requirements of NEPA and 40 C.F.R. parts 1500-1508. The 
Secretary shall prioritize the expeditious permitting of geothermal 
projects, including the application of any appropriate categorical 
exclusions adopted under this subsection, on PGZs. The Secretary shall 
prioritize work to expeditiously permit geothermal projects on PGZs above 
the work described in subsection (f)(i) of this section.

(iv) When issuing leases and related authorizations for geothermal projects 
on PGZs, the Secretary of the Interior shall fulfill the requirements of 
NEPA and the Endangered Species Act in a manner that allows for the 
earliest possible operation of geothermal power plants consistent with 
applicable law.

(v) The Secretary of Defense, the Secretary of the Interior, and the 
Secretary of Energy shall, as appropriate, coordinate to determine and 
clarify appropriate procedures for the execution of leases or subleases for 
developing or expanding clean energy generation resources, including 
geothermal energy generation resources, on withdrawn lands subject to the 
jurisdiction of the Department of Defense or the Department of Energy.

                Sec. 8. Ensuring Adequate Transmission Infrastructure 
                for Federal Sites. (a) The Secretary of Energy, in 
                consultation with the Secretary of Defense and the 
                Secretary of the Interior, shall take steps to enable 
                AI infrastructure on Federal sites to have reliable 
                access to transmission facilities adequate for the 
                operation of frontier AI data centers by the end of 
                2027.

                    (b) To promote any needed upgrades and development 
                of transmission infrastructure that is located on or 
                that is necessary to support Federal sites with AI 
                infrastructure, the Secretary of Energy, in 
                consultation with the Secretary of the Interior, acting 
                through the Director of BLM and the Director of USFWS, 
                shall:

[[Page 5484]]

(i) by September 30, 2025, identify and initiate use of all appropriate 
authorities to construct, finance, facilitate, and plan such upgrades and 
development, including through the Transmission Infrastructure Program 
administered by the Western Area Power Administration; and

(ii) prioritize the allocation of staff and resources for developing 
transmission infrastructure needed to support AI infrastructure on Federal 
sites--and in doing so, as appropriate, allocate relevant staff and 
resources from any component within the Department of Energy for this 
purpose--consistent with the requirements and objectives of this order and 
applicable law.

                    (c) Because of the importance of frontier AI 
                infrastructure, including transmission capacity, to the 
                defense industrial base, critical infrastructure, and 
                military preparedness:

(i) The Secretary of Energy shall consider expected use of frontier AI data 
centers on Federal sites as part of the Secretary's triennial study of 
electric transmission capacity constraints and congestion under section 
216(a)(1) of the Federal Power Act (16 U.S.C. 824p(a)(1)).

(ii) Consistent with the requirements of section 216(a)(2) of the Federal 
Power Act (16 U.S.C. 824p(a)(2)), and based on any findings made in future 
studies of electric transmission capacity constraints and congestion as 
described in subsection (c)(i) of this section, the Secretary shall 
consider whether to designate geographic areas around frontier AI 
infrastructure on Federal sites as national interest electric transmission 
corridors.

                    (d) The Secretary of Energy shall, as appropriate, 
                help ensure that transmission facilities upgraded or 
                developed to support AI data centers on Federal sites:

(i) are designed to support all reasonably foreseeable electric loads, 
including through the deployment of grid-enhancing technologies, high-
performance conductors, and other advanced transmission technologies, 
including those described in the Department of Energy's Innovative Grid 
Deployment Liftoff report, that will increase the capabilities of the 
transmission facilities on a timely and cost-effective basis; and

(ii) conform to conductor efficiency standards or other technical standards 
or criteria that the Secretary determines will optimize facilities' 
performance and cost-effectiveness.

                    (e) To improve the timely availability of critical 
                grid equipment for frontier AI infrastructure, such as 
                electrical transformers, circuit breakers, switchgears, 
                and cables, and to protect electricity consumers from 
                exposure to rising equipment prices:

(i) Within 90 days of the date of this order, the Secretary of Defense, the 
Secretary of Commerce, and the Secretary of Energy shall jointly consult 
with domestic suppliers of such technologies on the expected needs of AI 
infrastructure on Federal sites, suppliers' current production plans, and 
opportunities for Government support in helping suppliers meet market 
demands.

(ii) Within 180 days of the date of this order, the Secretary of Energy 
shall facilitate industry-led convenings on transformers and other critical 
grid components, which shall include appropriate representatives from 
agencies, transmission providers and transmission organizations, domestic 
suppliers of transformers, data center developers, and other private-sector 
organizations. On an ongoing basis, the Secretary, after consulting with 
participants in the industry-led convenings, shall:

(A) on at least an annual basis, develop and publish supply and demand 
forecasts for transformers, including forecasts for different transformer 
variants and analyses of supply and demand trends under different future 
scenarios, which shall include scenarios for growth in electricity demand 
from AI infrastructure and other sources of demand; and

[[Page 5485]]

(B) consider and, as appropriate, execute purchases of transformers and 
other critical grid components in order to provide demand certainty for 
domestic manufacturers to invest in capacity for meeting the needs of AI 
infrastructure. Any decision to execute such purchases shall be based on 
economic or other industry data, including the capacity utilization of 
domestic suppliers of transformers or other components, that the Secretary 
deems relevant to evaluating the status of the domestic industry. The 
Secretary shall subsequently execute sales of any purchased transformers or 
other critical grid components at times that the Secretary deems 
appropriate based on such data.

                    (f) Within 180 days of the date of this order, the 
                Secretary of Energy shall establish requirements for 
                transmission providers and transmission organizations 
                to report to the Secretary transmission-related 
                information to assist in siting and accelerating the 
                interconnection of generation resources to serve 
                frontier AI data centers on sites identified under 
                section 4(a) of this order and cleared under subsection 
                4(d) of this order. Such information may include data 
                on transmission congestion to help identify where 
                additional transmission investments could enable the 
                development of additional transmission capacity to 
                serve such AI data centers.
                    (g) Within 180 days of the date of this order, the 
                heads of agencies that possess loan or loan-guarantee 
                authorities shall evaluate whether any such authorities 
                could be used to support the development of AI 
                infrastructure on Federal sites--including the 
                production of critical grid equipment as described in 
                subsection (e) of this section, or other actions to 
                strengthen the AI infrastructure supply chain. In cases 
                in which any authorities are available and appropriate 
                for this purpose, the heads of relevant agencies shall 
                provide that information to developers of AI 
                infrastructure on Federal sites or other appropriate 
                private-sector entities.

                Sec. 9. Additional Efforts to Improve Permitting and 
                Power Procurement Nationwide. (a) The heads of Federal 
                Permitting Agencies shall designate, with respect to 
                each of their component agencies, dedicated staff to 
                handle all matters related to permits and approvals for 
                AI infrastructure. Such designations shall include 
                personnel dedicated to coordinating with and addressing 
                the needs of applicants for permits under the 
                respective agency's purview. In designating such 
                personnel, the heads of Federal Permitting Agencies 
                shall, as appropriate, implement staffing arrangements 
                and other mechanisms that accelerate permitting for AI 
                infrastructure to the maximum extent possible.

                    (b) To improve review practices pursuant to NEPA:

(i) Within 60 days of the date of this order, the heads of Federal 
Permitting Agencies, in coordination with the Chair of CEQ, shall assess 
existing categorical exclusions and identify opportunities to establish new 
categorical exclusions to support AI infrastructure on Federal sites, 
consistent with the requirements of NEPA and 40 C.F.R. parts 1500-1508. The 
heads of agencies whose NEPA regulations include categorical exclusions 
related to fiber-optic cables are encouraged, in undertaking these 
assessments, to evaluate whether such categorical exclusions may be applied 
to the development of fiber-optic cables as used for AI infrastructure.

(ii) Within 120 days of the date of this order, the heads of Federal 
Permitting Agencies shall, as appropriate and consistent with applicable 
law, propose any new categorical exclusions and, after considering all 
comments received through applicable public comment processes, take any 
actions to establish categorical exclusions that are appropriate given the 
received comments.

(iii) Within 120 days of the date of this order, and consistent with the 
directives described in section 7 of this order, the Secretary of Defense, 
the Secretary of the Interior, the Secretary of Agriculture, and the 
Secretary of Energy shall identify any existing categorical exclusions that 
are listed in the NEPA procedures of other agencies and that are relevant 
to the development of clean energy, electric transmission, or AI data 
centers

[[Page 5486]]

and take any appropriate steps to adopt such categorical exclusions where 
appropriate and consistent with the requirements of NEPA and 40 C.F.R. 
parts 1500-1508. The Secretary of Defense, the Secretary of the Interior, 
the Secretary of Agriculture, and the Secretary of Energy shall take any 
appropriate steps to adopt and apply such categorical exclusions to AI 
infrastructure on Federal sites where consistent with the requirements of 
NEPA and 40 C.F.R. parts 1500-1508.

                    (c) Within 180 days of the date of this order, the 
                Secretary of Energy shall issue a request for 
                information on opportunities for accelerated 
                interconnection at existing power plants, including as 
                related to surplus interconnection service and clean 
                repowering. The request shall seek details on the 
                ownership of such plants with surplus interconnection 
                service and the plants' suitability for colocation of 
                new clean power generation resources with shared grid 
                access.
                    (d) Within 90 days of the date of this order, the 
                Secretary of Energy shall issue a request for 
                information from private-sector entities including 
                transmission providers, transmission organizations, and 
                clean energy developers regarding load interconnection 
                processes. The Secretary shall subsequently engage with 
                transmission providers and transmission organizations 
                regarding best practices to improve the transparency 
                and efficiency of such processes, including through 
                adopting new technologies, software, and procedures. 
                The Secretary shall provide technical assistance and 
                financial assistance to facilitate such adoption, as 
                appropriate. The Secretary shall publish a report 
                describing the results of this work within 1 year of 
                the date of this order.
                    (e) To promote the expeditious, responsible 
                development of nuclear power generation resources, the 
                Secretary of Defense and the Secretary of Energy shall:

(i) seek to facilitate the deployment of additional nuclear power and, as 
relevant, supply-chain services on lands owned by, respectively, the 
Department of Defense and the Department of Energy--including Department of 
Defense installations and sites owned or managed by the Department of 
Energy National Laboratories--by, as appropriate and consistent with 
applicable law, identifying opportunities for such deployment on specific 
lands to the extent such opportunities exist and, in the case of the 
Secretary of Energy only, by evaluating whether financial support for such 
deployment is appropriate;

(ii) within 180 days of the date of this order, coordinate to publish a 
joint list of ten high-priority sites--or, if fewer than ten appropriate 
sites exist, as many sites as possible--which may overlap with sites 
identified and cleared under section 4 of this order, that are most 
conducive to expeditious, safe, and responsible deployment of additional 
nuclear power capacity readily available to serve AI data center 
electricity demand by December 31, 2035, taking into account factors 
including Federal, State, Tribal, and local ordinances; permitting and 
other regulatory requirements; water access; climate resilience and 
natural-hazard risks; and transmission and interconnection dynamics; and

(iii) within 1 year of the date of this order, publish either a joint plan 
or their own respective plans describing how each Secretary will facilitate 
deployment of additional nuclear power capacity as described in this 
subsection on any such sites. Any such plan shall address selection of 
appropriate nuclear reactor technologies; the licensing and permitting of 
relevant technologies or facilities; the approach that each Secretary would 
take to ensure the safe and responsible transportation of uranium and any 
other radioactive material to the site; the approach that each Secretary 
would take to ensure the safe and responsible storage or disposal of any 
spent nuclear fuel; remediation of the site after the plant ceases 
operation as needed; and any other steps necessary to ensure the deployment 
will protect public health, safety, and the environment, consistent with 
all applicable legal requirements and the principles of the document

[[Page 5487]]

entitled Safely and Responsibly Expanding U.S. Nuclear Energy: Deployment 
Targets and a Framework for Action (November 2024); and

(iv) when carrying out actions under this subsection, comply with the 
directives of section 4(k) of this order.

                    (f) Within 180 days of the date of this order, the 
                Secretary of Commerce, in consultation with the 
                Secretary of Defense, the Secretary of Energy, and the 
                White House Council on Supply Chain Resilience, shall 
                submit a report to the President on supply chain risks 
                applicable to the United States data center industry. 
                The report shall include analysis of supply chain risks 
                associated with the materials used to construct and 
                maintain data centers, the electronics necessary to 
                operate a data center, and emerging data center 
                technologies, as well as recommended steps for the 
                Federal Government to take to address identified risks. 
                The report shall also include analysis on supply chain 
                risks applicable to the generation and transmission 
                infrastructure needed to power AI data centers. On an 
                ongoing basis, as appropriate, the Secretary of 
                Commerce shall engage with the private sector to 
                identify emerging supply chain risks that have the 
                potential to undermine the success of the United States 
                AI infrastructure industry--with such success defined 
                to include the industry's commercialization of emerging 
                technologies--and to recommend policy solutions to 
                address identified risks.
                    (g) Within 180 days of the date of this order, to 
                promote the expeditious, responsible development and 
                deployment of distributed energy solutions that support 
                the development and operation of AI infrastructure, the 
                Secretary of Energy shall develop model contracts for 
                using distributed energy resources (DERs) to increase 
                the local grid's capacity to support AI infrastructure. 
                In developing such contracts, the Secretary shall 
                consider options for cost-effective uses of DERs, 
                including distribution-sited generation resources, 
                energy storage assets, and opportunities for flexible 
                management of electricity demand. The model contracts 
                shall, as appropriate, include clauses providing for 
                the owners of data centers to finance costs incurred by 
                other entities in developing, installing, and operating 
                DERs, consistent with the objective of utilities 
                accounting for these financing activities when 
                processing data center owners' interconnection 
                applications.
                    (h) By July 31, 2025, the Permitting Council shall 
                engage with developers of AI infrastructure to advance 
                their understanding of resources available under title 
                41 of the Fixing America's Surface Transportation Act 
                (Public Law 114-94) to accelerate permitting processes 
                and reviews for clean energy projects that are part of 
                AI infrastructure on Federal sites. As part of this 
                work, the Permitting Council, in consultation with the 
                White House Task Force on AI Datacenter Infrastructure 
                announced on October 29, 2024, shall endeavor to engage 
                small developers of AI infrastructure.
                    (i) Within 180 days of the date of this order, the 
                Secretary of the Army, acting through the Chief of 
                Engineers and Commanding General of the USACE, shall, 
                consistent with applicable law, assess existing 
                nationwide permits (NWPs) to determine how they may be 
                applied to facilitate the construction of AI data 
                centers and develop and publish a list of NWPs that 
                could facilitate such construction. The Secretary of 
                the Army, acting through the Chief of Engineers and 
                Commanding General of the USACE, shall, as appropriate 
                and consistent with applicable law, subsequently 
                establish such new NWPs as expediently as possible.
                    (j) Within 60 days of the date of this order, the 
                Secretary of Energy shall release for public comment 
                draft reporting requirements for AI data centers 
                covering all phases of AI data centers' development and 
                operation--including material extraction, component 
                fabrication, transportation, construction, operation, 
                recycling, and retirement --regarding embodied 
                greenhouse gas emissions, water usage, and excess heat 
                or energy expenditures, as distinct from operational 
                intensity of greenhouse gas emissions.
                    (k) Within 60 days of the date of this order, the 
                Secretary of Energy, in coordination with the 
                Administrator of the EPA and the Chair of CEQ,

[[Page 5488]]

                shall establish a grand challenge, serving as a call to 
                voluntary action for appropriate private-sector and 
                other stakeholders, for the purpose of:

(i) setting targets for minimizing the power usage effectiveness ratio and 
water usage effectiveness ratio of AI data centers, with a goal of bringing 
the power usage effectiveness ratio of AI data centers on Federal sites 
below 1.1;

(ii) promoting best practices for the beneficial use of waste heat and 
other efforts to maximize efficiency;

(iii) promoting best practices for data center energy management and 
sustainable design and operational practices for data centers that avoid or 
reduce adverse effects on natural and cultural resources and communities, 
and that protect public health and the environment;

(iv) raising AI developer and user awareness regarding the comparative 
energy intensities of different computational tasks; and

(v) developing best practices and standards for software and algorithmic 
efficiency.

                Sec. 10. Engagement Abroad. (a) Within 90 days of the 
                date of this order, the Secretary of State, in 
                consultation with the Secretary of Defense, the 
                Secretary of Commerce, the Secretary of Energy, the 
                Administrator of the United States Agency for 
                International Development, the Assistant to the 
                President for National Security Affairs, and the heads 
                of other relevant agencies as the Secretary of State 
                may deem appropriate, shall develop a plan for engaging 
                allies and partners on accelerating the buildout of 
                trusted AI infrastructure around the world. Such a plan 
                shall include measures to advance collaboration on the 
                global buildout of trusted AI infrastructure; mitigate 
                and prevent harms to local and affected communities; 
                engage the private sector and investor community to 
                identify and mitigate barriers to AI infrastructure 
                investments; support the deployment of commercially 
                available reliable clean power sources and the 
                development and commercialization of emerging clean 
                energy technologies, such as small modular nuclear 
                reactors; exchange best practices for permitting, power 
                procurement, and cultivating talent to build, operate, 
                and maintain trusted AI infrastructure; and strengthen 
                cyber, physical, and supply chain security safeguards 
                related to AI infrastructure. Within 1 year of the date 
                of this order, the Secretary of State shall submit to 
                the Assistant to the President for National Security 
                Affairs a report on actions taken pursuant to this 
                plan.

                    (b) Within 120 days of the date of this order, the 
                Assistant to the President for National Security 
                Affairs shall convene heads of appropriate agencies, to 
                include the Secretary of State, the Secretary of the 
                Treasury, the Secretary of Commerce, the Secretary of 
                Energy, the Chief Executive Officer of the United 
                States International Development Finance Corporation, 
                and the President of the Export-Import Bank of the 
                United States, to identify and implement actions to 
                facilitate United States exports and engagements abroad 
                related to advanced nuclear technologies and relevant 
                supply-chain services.

                Sec. 11. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 5489]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 14, 2025.

[FR Doc. 2025-01395
Filed 1-16-25; 8:45 am]
Billing code 3395-F4-P
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