Requirements for authorizing hyperscale data centers on public lands

(a) Applicability of NEPA The issuance, amendment, modification, renewal, or revision by the Director of the Bureau of Land Management of any permit, lease, or other authorization for the use, occupancy, or development of public lands for a hyperscale data center shall be considered a major Federal action that significantly affects the quality of the human environment under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) Public engagement The Director of the Bureau of Land Management shall offer the public an opportunity to provide feedback on a draft version of each environmental impact statement prepared pursuant to subsection (a) through a written comment period of not less than 45 days and at least one public hearing in the affected community. (c) Additional required analysis The Director of the Bureau of Land Management shall, in addition to the analysis otherwise required by the National Environmental Policy Act of 1969 (U.S.C. 4321 et seq.), include in each environmental impact statement prepared pursuant to subsection (a) analysis on— (1) as applicable, the amount of water expected to be consumed in the on-site generation of electricity serving the hyperscale data center during the period of 10 years beginning on the date on which the permit, lease, or other authorization is issued, amended, modifiied, renewed, or revised; (2) the amount of electric energy and water expected to be consumed by the cooling system of the hyperscale data center during such period of 10 years; and (3) the effect, including cumulative effect, of the hyperscale data center on— (A) the short- and long-term supply of water in the region in which the hyperscale data center is proposed to be, or is, located; (B) the drought resilience of such region; and (C) the source of water the hyperscale data center relies upon or is expected to rely upon. (d) Inapplicability of categorical exclusions The Director of the Bureau of Land Management may not apply a categorical exclusion with respect to issuing, amending, modifying, renewing, or revising any permit, lease, or other authorization for the use, occupancy, or development of public lands for a hyperscale data center. (e) Definitions In this section: (1) Hyperscale data center The term hyperscale data center means a commercial or industrial consumer of electric energy that— (A) is located at a single site behind one or more points of interconnection; (B) has a peak load of 50 megawatts or greater; and (C) requires electric energy primarily to operate information technology infrastructure, and related systems, pertaining to data storage or computational applications and services. (2) Public lands The term public lands has the meaning given such term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).