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II
119th CONGRESS
2d Session
S. 5658
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.