SenateS. 5658119th Congress

A bill to prohibit the construction of data centers on Federal land, and for other purposes.

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5658 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5658

 To prohibit the construction of data centers on Federal land, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To prohibit the construction of data centers on Federal land, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF CONSTRUCTION OF DATA CENTERS ON FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Data center.--The term ``data center'' has the meaning 
        given the term in section 453(a) of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17112(a)).
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means--
                            (i) National Forest System land; and
                            (ii) land managed by the Secretary of the 
                        Interior.
                    (B) Exclusions.--The term ``Federal land'' does not 
                include--
                            (i) any land located within the boundaries 
                        of an Indian reservation, pueblo, or rancheria; 
                        or
                            (ii) any land not located within the 
                        boundaries of an Indian reservation, pueblo, or 
                        rancheria, the title to which is held--
                                    (I) in trust by the United States 
                                for the benefit of an Indian Tribe or 
                                an individual Indian;
                                    (II) by an Indian Tribe or an 
                                individual Indian, subject to 
                                restriction against alienation under 
                                laws of the United States; or
                                    (III) by a dependent Indian 
                                community.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
    (b) Prohibition on Construction of Data Centers.--Notwithstanding 
any other provision of law, the construction of data centers on Federal 
land is prohibited.
    (c) Reversionary Clause Required for Federal Land Conveyances.--Any 
conveyance of Federal land occurring on or after the date of enactment 
of this Act shall include a reversionary clause to ensure that the 
conveyed Federal land shall revert to the United States if the conveyed 
Federal land is used for a data center, unless the use of the conveyed 
Federal land for a data center is specifically authorized by an Act of 
Congress.
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