Presidential Actions

In southeastern California, where the Mojave and Colorado Deserts intersect, ancient trails weave through a land of canyon-carved mountain ranges bound together by radiating alluvial bajadas and dark tendrils of dry wash woodlands.  Sharing a name with the wide-bodied lizard that is commonly found here and derived from the Cahuilla word “čáxwal,” the Chuckwalla region is a place of wonder that lies within the traditional homelands of the Iviatim (Cahuilla), Nüwü (Chemehuevi), Pipa Aha Macav (Mojave), Kwatsáan (Quechan), Maara’yam and Marringayam (Serrano), and other Indigenous peoples.  It is imbued with religious, spiritual, historic, and cultural significance for Tribal Nations that trace their origins to these lands.  The area contains an abundance of artifacts attesting to its connection to diverse human communities over thousands of years.  The region’s mosaic of habitats is also home to a remarkable array of plant and animal species.  The dramatic contortions of its mountain ranges embody a fundamental story about the shaping of our world that scientists are still learning to decipher.  The cultural, geologic, and ecological resources on Federal lands in the Chuckwalla region will continue to inspire and fascinate people and provide a scientific research trove for generations to come.

The Chuckwalla region comprises five geographically discrete areas located between Joshua Tree National Park and the Palen/McCoy Wilderness to the north, California State Route 78 to the east, the Chocolate Mountain Aerial Gunnery Range to the south, and the western boundary of the Mecca Hills Wilderness to the west.  Woven together by the physical threads of Indigenous trails that radiate outward connecting peoples and places throughout the Southwest, the region carries significant cultural and sacred meaning for many Tribal Nations.  The southern area is a vast and intact expanse of austere, beautiful mountain ranges and desert valleys stretching from the Mecca Hills and Orocopia Mountains in the northwest, to the Mule and Palo Verde Mountains in the northeast, and to the mesquite-studded draws of the Milpitas Wash in the southeast.  The other four areas, which lie in the transition zone between the Mojave and Colorado deserts, are located at the base of the Cottonwood, Eagle, Coxcomb, and Palen Mountains.

The imprints of generations of Indigenous peoples are found throughout the region in the trails, tools, habitation sites, and spectacular petroglyphs and pictographs they left behind.  The Chuckwalla region has also been marked by the passage of people on the major prehistoric and historic travel corridors that connected the region to the Pacific coast and the interior southwest.  While only a small fraction of the region has been formally inventoried, myriad cultural resources have been documented, and there are likely similar historic sites and objects yet to be discovered.  A few sites are well-known and easily accessible to the public; many others are concealed in labyrinths of rugged canyons and have not yet been formally studied.

Trails within the area helped to link important resources and people across the Indigenous homelands of the Chuckwalla region.  For centuries, they facilitated trade and cultural exchange between peoples throughout the Southwest.  Weaving through canyons, the trails connected indispensable water and other resources throughout the area.  They were, and are, essential to the people who trace their origins to these lands, and provide a sense of connection between generations and between the physical and spiritual worlds.

In some places, the footfalls of past generations have etched these trails into the region’s surface, wearing a clear path into desert pavement.  Ceramics and lithic scatter are also commonly found along trail routes within the Chuckwalla region.  The endless shifting of sand and alluvium have likely obscured artifacts in some locations.  A prehistoric travel route ran through the core of the northern area between the Eagle and Coxcomb Mountains, connecting the Pinto Basin, where some of California’s oldest artifacts have been found, and the Chuckwalla Valley.  The relatively narrow gap between the Eagle and Coxcomb Mountains traversed by the corridor also creates the conditions for flash floods; as a result, artifacts are likely to be found below the surface of the wash rather than on its surface.

At least two trails that traverse the Chuckwalla region are sacred to Tribal Nations and bind their members to the land and to generations past.  These trails, of which physical traces remain, are both ancient and modern, tangible places and passages that Tribes and Indigenous peoples evoke and visit through songs and dreams.  Two versions of the Salt Song Trail pass through the region, connecting it to Tribal communities and sacred sites throughout the Southwest physically and through songs describing corridors, viewsheds, and the related geography and resources.  While the Salt Song Trail can be traveled by foot, traditional singers also travel this trail by voice through songs passed down across generations and that Tribes and Indigenous peoples believe assist the transport of the spirits of the recently deceased.  

The Xam Kwatchan Trail, which parallels the Colorado River in the vicinity of the Mule and Palo Verde Mountains along the eastern edge of the southern area, is maintained by the Quechan people and recognized by many other Tribes of the Lower Colorado River.  Portions of the Xam Kwatchan Trail are still visible and may be traveled physically as the trail weaves through the area and links together three sacred peaks of the Southwest:  Avi Kwa Ame to the north of the Chuckwalla region near Lake Mead, Palo Verde Peak within the southern Chuckwalla region and overlooking the Colorado River, and Pilot Knob to the south of the Chuckwalla region near Yuma, Arizona.  It is a belief of the Quechan people that they also travel this trail through dreams to transport the living and deceased, and to tie them to these lands and to their origin at Avi Kwa Ame.  The Palo Verde and Mule Mountains encompass sites of particular significance along this trail.  The eastern side of the Palo Verde Mountains is particularly dense with evidence of human habitation, including trails, camp spots, and ceremonial fire hearths. 

The Chuckwalla region has no perennial streams or lakes, but hidden within the southern area’s mountain ranges are springs and natural seasonal water catchments (often referred to as tanks).  Knowledge of these water sources has allowed Indigenous people to survive within this arid environment for thousands of years.  The locations surrounding these springs and tanks are replete with artifacts, including stone tools, ceramics, remnants of habitations, and a dazzling array of petroglyphs and pictographs.  In some places, the patina of naturally created desert pavement has been scraped away to form circles and images known as geoglyphs.

In a wide canyon at the heart of the Chuckwalla Mountains lies Corn Springs, a well-known cultural site.  Amid the mountain range’s rugged peaks and dry washes, the oasis at Corn Springs, which supports a stand of more than 60 California fan palms, has long been a beacon to the area’s human occupants. Corn Springs contains extensive petroglyphs encompassing a diverse array of elements and representing contributions by many people over thousands of years.  These petroglyphs, which are listed on the National Register of Historic Places, are carved into flat planes on the golden rocks found near Corn Springs.  

Jutting from the desert floor north of Corn Springs, in an area just south of the community of Desert Center, sits Alligator Rock.  A salient ridge containing dikes of aplite, Alligator Rock was both a milestone on the major Indigenous travel and trade route that passed through Chuckwalla Valley and an important prehistoric source of lithic materials.  Flakes and tools crafted from the area’s distinctive speckled stone have been documented in sites throughout Chuckwalla Valley. 

In the eastern area, northeast of Alligator Rock and Corn Springs and north of the Little Chuckwalla Mountain Wilderness, Ford Dry Lake is now a sparsely vegetated playa in the Chuckwalla Valley at the base of the Palen and McCoy Mountains.  Dense cultural sites have been documented along the lake’s ancient shorelines, attesting to its use by generations of Indigenous peoples.  Artifacts uncovered here include a variety of stone tools, ceramics, and other evidence of Indigenous habitation sites. 

While seemingly inhospitable to humans, the Chuckwalla region has provided sustenance and material resources to the Indigenous peoples who have inhabited and traversed it for generations.  Many of the region’s native plants were gathered for food, including mesquite and ironwood seeds, wild grasses, and cacti.  Mesquite, which thrives in the dry washes of the southern area between the Chocolate and Palo Verde Mountains, was a particularly important source of sustenance.  Large quantities of the beans were collected in the summer and stored for use throughout the year.  In 1972, a large ceramic olla (an earthenware vessel) containing mesquite beans was discovered in a rock shelter in the canyon-striated Mecca Hills of the far western corner of the southern area.

By the mid-1800s, the Chuckwalla region had caught the attention of non-Indigenous Americans seeking wealth in the underbelly of its mountains.  In the 1860s, the Mule Mountains — near the California-Arizona border — were the site of one of the first discoveries of gold in Riverside County.  Two decades later, the largest gold rush in Riverside County’s history occurred when gold and silver were discovered in the Chuckwalla Mountains.  Relics of historic mines, including shafts, trenches, equipment, and remnants of buildings, are present throughout the region’s mountain ranges.  A mining shaft, conveyor, and loading dock associated with the Model Mine, which operated around the turn of the last century, are located in the western foothills of the Chuckwalla Mountains.  

In 1862, as gold seekers spread throughout the region, a miner named William Bradshaw sought to develop a route to connect the Coachella Valley with expanding mines on the east side of the Colorado River.  A Cahuilla leader and another Indigenous trail runner provided Bradshaw with a map of existing Indigenous routes linking springs and tanks along the southern edge of the Orocopia, Chuckwalla, and Little Chuckwalla Mountains.  He used the knowledge shared with him of these existing Indigenous trails to identify what became known as the “Bradshaw Trail,” an overland route that traverses the Chuckwalla Bench through the heart of the southern area.  Some of the springs and tanks, which had long been used by Indigenous peoples, became stagecoach stations associated with the Bradshaw Trail.  Intrepid visitors can still drive the unpaved Bradshaw Trail, which the Bureau of Land Management (BLM) designated as a National Backcountry Byway in 1992.

In 1942, shortly after the United States entered World War II, the Department of the Army established a presence in the Chuckwalla region, reminders of which can still be seen across the terrain.  In March of 1942, Major General George Patton selected a large swath of desert in California and Nevada, including a substantial amount of land in the Chuckwalla Valley, for a Desert Training Center to prepare United States Army units for desert combat.  By the end of World War II, over a million soldiers had been trained at the facility.  Small unit training exercises were held in Chuckwalla Valley, which the Army believed provided the best approximation of terrain they might face in parts of North Africa.  The scars of tank tracks across the southern area’s desert pavement can still be seen today, along with berms, trenches, and foxholes.

The Chuckwalla region includes the footprint of Camp Young, the Desert Training Center’s first camp and its administrative core.  Camp Young was primarily located south of present-day Joshua Tree National Park and north of Interstate 10 in the western area.  While none remain standing, Camp Young boasted almost 100 administrative buildings, two hospitals, 50 warehouses, a theater, an officers’ club, and a post office.  Traces of the soldiers’ lives at Camp Young can still be seen here, including rock-lined walkways and remnants of concrete foundations.

During his tenure at the Desert Training Center, General Patton lived at Camp Young but was in the field on a daily basis, including to review small unit training exercises in the Chuckwalla Valley.  He would often shout orders into a radio while observing tank maneuvers from a hill overlooking the valley between the Orocopia and Chuckwalla Mountains, in the center of the Chuckwalla region’s southern area.  The road bulldozed for Patton’s use to the top of this hill, known as “The King’s Throne,” remains clearly visible.

Against this backdrop of human history, the Chuckwalla region’s many and varied plant and animal inhabitants have continued to persevere in the harsh desert environment.  The region provides a refuge for more than 50 rare plants and animals, as well as 21 vulnerable vegetation communities.  The diversity of biota has attracted numerous scientists over many decades who have conducted research into topics as varied as testing translocation methods for bighorn sheep, studying ant colony forming behavior, and documenting the demographic patterns of the Orocopia sage, a shrub with delicate lavender flowers that is only known to grow in the Mecca Hills and Orocopia and Chocolate Mountains. 

The broad bajadas of the southern area radiate out from a series of small mountain ranges, whose sinuous canyons and ragged peaks provide habitat to a variety of species.  The washes and sandy slopes of the Orocopia Mountains are home to Orocopia sage.  The Mecca aster is endemic to only a small area, with more than half of its known occurrences located in the Mecca Hills.  Mountain areas in the Chuckwalla region are also the only known locations of the recently described Chuckwalla cholla, a relatively low-lying cactus with reddish flowers.

Desert bighorn sheep, a sensitive species with declining numbers, live year-round on the craggy slopes of the Orocopia and Chuckwalla Mountains and are occasionally glimpsed in the Palo Verde and Little Chuckwalla Mountains.  The broad, sandy washes that connect the mountains — unbroken by paved roads or large developments — provide the habitat connectivity necessary to preserve genetic diversity among bighorn sheep populations.

The region’s expanse of gently sloping shrubby terrain is also vital to the survival of the threatened Agassiz’s desert tortoise, encompassing key components of an essential corridor connecting the tortoise’s Chuckwalla and Chemehuevi populations.  Much of the region is critical habitat for this charismatic desert dweller.

Located in the southern area of the Chuckwalla region, the Chuckwalla Bench is an elevated area of alluvial fans that provided a setting for extensive study and monitoring of desert tortoises for decades.  It is also home to over 150 native plant species.  The specific species present change with elevation as the bench’s slopes climb to an 80,000-acre expanse that rises to approximately 2,000 feet in elevation, resulting in an environment that is notably cooler and wetter than is typical for the Sonoran Desert.  At the higher elevations, Mojave yucca and cholla become increasingly common.  The Munz’s cholla, a species endemic to the Chuckwalla Bench whose spiny, branching arms often reach a height of six feet, grows here.

In part because of the relative availability of forage and water, the Chuckwalla Bench is included in the United States Fish and Wildlife Service’s primary area of interest for Sonoran Desert pronghorn reintroduction in California.  In 1941, around the time that the United States Army began desert training in the area, the endangered Sonoran Desert pronghorn was last observed in the Colorado Desert in the vicinity of Salt Creek Wash, which runs between the Orocopia and Chocolate Mountains.

Dry washes in the Chuckwalla region are threaded with populations of desert trees including ironwood, blue palo verde, smoketree, and mesquite.  These are known as microphyll woodlands, and they provide migration corridors for desert wildlife, as well as crucial habitat for migratory birds.  Milpitas Wash, located south of the Palo Verde Mountains in the southern area near the Arizona border, is one of the largest remaining microphyll woodlands in the Colorado Desert.  It is identified as a component of the National Audubon Society’s Colorado Desert Microphyll Woodlands Important Bird Area.  Old-growth blue palo verde trees in Milpitas Wash provide nesting cavities for an important population of Gila woodpeckers, which are listed as endangered under the California Endangered Species Act.  Rare long-eared owls, Crissal thrashers, and black-tailed gnatcatchers also nest in Milpitas Wash.

Dense pockets of palo verde microphyll woodland occur in the northeast portion of the southern Chuckwalla region and are reported to have the highest winter bird densities in the California Desert.  Sand dunes have dammed several small washes in the area, creating relatively wet conditions that are conducive to dense vegetative growth.  These sand dunes in Chuckwalla Valley are fed by aeolian (windblown) sand transport corridors.  In addition to the rich cultural sites associated with Ford Dry Lake, the portion of the Chuckwalla Valley in the eastern Chuckwalla region protects part of these sand transport corridors.  The dunes in this area also provide habitat for the rare Mojave fringe-toed lizard.

Nightfall reveals another dimension of the Chuckwalla region.  Kit foxes and sensitive species such as burrowing owls and elf owls emerge from dens, while a variety of rare bats including the California leaf-nosed bat, the western mastiff bat, and the western yellow bat dart through the desert sky.  Mountain lions are also known to prowl the Chuckwalla region at night.  A population of mountain lions in southern California and the central coast of California, which includes those in the Chuckwalla region, is currently a candidate species under consideration for listing under the California Endangered Species Act.  

The Chuckwalla region encompasses striking geologic diversity, which both underpins the rich ecological and cultural values and is itself the focus of extensive research.  In the far western reach of the southern area of this region, the Mecca Hills, shaped by the unquiet presence of the San Andreas Fault, attract not only hikers eager to explore their intricate canyons but a long line of geologists seeking to better understand fault dynamics.  There is an exposure of Pliocene-Pleistocene terrestrial sedimentary rocks along the fault, and recent uplift and erosion have allowed the opportunity for its detailed analysis.  Researchers have analyzed the Painted Canyon Fault, which lies within the San Andreas strike-slip fault zone in the Mecca Hills, to better understand tectonic processes along faults as far away as Denmark.  

Just to the east of the Mecca Hills, the Orocopia Mountains have been the site of extensive study of the geologic mechanisms that shape the earth, including deposition, metamorphism, uplift, and exposure.  In the late 1960s and early 1970s, the Orocopia Mountains were the site of field training for the Apollo 13 and 15 crews, preparing them to observe and document lunar geology.

In 1986, scientists documented five new species of mollusks from the Eocene epoch that were found in samples taken from the Orocopia Mountains, which helped clarify scientists’ understanding of the timing of the westward migration of Eurasian mollusk species during the early Eocene and late Paleocene epochs.  In the Palo Verde Mountains, at the southeastern edge of the Chuckwalla region, outcroppings of the Bouse Formation are helping scientists unlock mysteries around the formation of the Colorado River. 

Protecting the Chuckwalla region will preserve an important spiritual, cultural, prehistoric, and historic legacy and protect places inscribed with history for future generations; maintain a diverse array of natural and scientific resources; and help ensure that the prehistoric, historic, and scientific resources and values of the region endure for the benefit of all Americans.  As described above, the region contains numerous objects of historic and scientific interest, and it provides exceptional outdoor recreational opportunities, including hiking, camping, backpacking, rockhounding, sightseeing, nature study, birding, horseback riding, hunting, climbing, mountain biking, and motorized recreation, all of which are important to the travel- and tourism-based economy of the region.

WHEREAS, section 320301 of title 54, United States Code (the “Antiquities Act”), authorizes the President, in the President’s discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and management of the objects to be protected; and

     WHEREAS, the Chuckwalla region has been profoundly sacred to Tribal Nations and Indigenous peoples with ties to the Colorado and Mojave Deserts since time immemorial; and

WHEREAS, it is in the public interest both to ensure the preservation, restoration, and protection of the objects of scientific and historic interest identified above and to advance renewable energy in Development Focus Areas (DFAs) that were identified by the Desert Renewable Energy Conservation Plan (DRECP) as of the date of this proclamation; and

     Whereas, I find that all the objects identified above, and objects of the type identified above within the area described herein, are objects of historic or scientific interest in need of protection under section 320301 of title 54, United States Code, regardless of whether they are expressly identified as objects of historic or scientific interest in the text of this proclamation; and

     Whereas, I find that there are threats to the objects identified in this proclamation, and, in the absence of a reservation under the Antiquities Act, the objects identified in this proclamation are not adequately protected by applicable law or administrative designations, thus making a national monument designation and reservation necessary to protect the objects of historic and scientific interest identified above for current and future generations; and

     Whereas, I find that the boundaries of the monument reserved by this proclamation represent the smallest area compatible with the proper care and management of the objects of historic or scientific interest identified above, as required by the Antiquities Act; and

     Whereas, it is in the public interest to ensure the preservation, restoration, and protection of the objects of historic and scientific interest identified above;

     Now, Therefore, I, Joseph R. Biden JR., President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Federal Government to be the Chuckwalla National Monument (monument) and, for the purpose of protecting those objects, reserve as part thereof all lands and interests in lands that are owned or controlled by the Federal Government within the boundaries described on the accompanying map, which is attached hereto and forms a part of this proclamation.  These reserved Federal lands and interests in lands encompass approximately 624,270 acres.  As a result of the distribution of the objects across the Chuckwalla region, the boundaries described on the accompanying map are confined to the smallest area compatible with the proper care and management of the objects of historic or scientific interest identified above.

     All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, or other disposition under the public land laws, other than by exchange that furthers the protective purposes of the monument or that facilitates the remediation, monitoring, or reclamation of historic mining operations on public or private land within the monument boundary; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing.

     The establishment of the monument is subject to valid existing rights.  If the Federal Government subsequently acquires any lands or interests in lands not currently owned or controlled by the Federal Government within the boundaries described on the accompanying map, such lands and interests in lands shall be reserved as a part of the monument, and objects of the type identified above that are situated upon those lands and interests in lands shall be part of the monument, upon acquisition of ownership or control by the Federal Government.

Nothing in this proclamation shall be construed to alter the valid existing water rights of any party, including the United States, or to alter or affect agreements governing the management and administration of the Colorado River, including any existing interstate water compact.  This proclamation does not reserve water as a matter of Federal law. 

     The Secretary of the Interior (Secretary), through the BLM, shall manage the monument pursuant to applicable legal authorities, as a unit of the National Landscape Conservation System, and in accordance with the terms, conditions, and management direction provided by this proclamation.

     For purposes of protecting and restoring the objects identified above, the Secretary shall within 3 years from the date of this proclamation prepare a management plan for the monument and shall promulgate such rules and regulations for the management of the monument as deemed appropriate.  The Secretary, through the BLM, shall consult with other Federal land management agencies or agency components in the local area, including the Bureau of Reclamation, Department of Defense, and National Park Service, in developing the management plan. 

The Secretary shall provide for maximum public involvement in the development of the management plan, as well as consultation with Tribal Nations affiliated culturally or historically with the Chuckwalla Region and conferral with State and local governments.  In preparing the management plan, the Secretary shall take into account, to the maximum extent practicable, maintaining the undeveloped character of the lands within the monument; minimizing impacts from surface-disturbing activities; providing appropriate and, where consistent with the proper care and management of the objects of historic or scientific interest identified above, improving access for recreation, hunting, dispersed camping, wildlife management, scientific research, and the permissible casual collection of rocks; and emphasizing the retention of natural quiet, dark night skies, and scenic attributes of the region.

The Secretary shall consider appropriate mechanisms to provide for temporary closures to the general public of specific portions of the monument to protect the privacy of cultural, religious, and gathering activities of members of Tribal Nations.

The Secretary, through the BLM, shall establish an advisory committee under chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), to provide advice or recommendations regarding the development of the management plan and, as appropriate, management of the monument.  The advisory committee shall consist of a fair and balanced representation of interested stakeholders, including State agencies and local governments; Tribal Nations; recreational users; conservation organizations; the scientific community; the renewable energy and electric utility industry; and the general public in the region.

In recognition of the value of collaboration with Tribal Nations for the proper care and management of the objects identified above and to ensure that management of the monument is informed by, integrates, and reflects Tribal expertise and Indigenous Knowledge, as appropriate, the Secretary shall meaningfully engage with Tribal Nations with cultural or historical affiliation to the Chuckwalla region, including by seeking opportunities for co-stewardship of the monument. 

If Tribal Nations with cultural or historical affiliation to the Chuckwalla region independently establish a commission or other similar entity (commission) comprised of elected officers or official designees from each participating Tribal Nation to engage in co-stewardship of the monument with the Federal Government through shared responsibilities or administration, then the Secretary shall meaningfully engage the commission in the development, revision, or amendment of the management plan and the management of the monument, including by considering and, as appropriate, integrating the Indigenous Knowledge and special expertise of the members of the commission in the planning and management of the monument.  The management plan for the monument shall also set forth parameters for continued meaningful engagement with the commission, if established, in the implementation of the management plan and, as appropriate, incorporate public education on and interpretation of traditional place names and the cultural significance of land within the monument.  The Secretary shall explore opportunities to provide support to the commission, if established, to enable participation in the planning and management of the monument.

The Secretary shall also explore entering into cooperative agreements or contracts, pursuant to the Indian Self-Determination and Education Assistance Act, 25 U.S.C. 5301 et seq. or other applicable authorities, with Tribes or Tribal organizations to perform administrative or management functions within the monument and providing technical and financial assistance to improve the capacity of Tribal Nations to develop, enter into, and carry out activities under such cooperative agreements or contracts.  The Secretary also shall explore opportunities for funding agreements with Tribal Nations relating to the management and protection of traditional cultural properties and other culturally significant programming associated with the monument.

Nothing in this proclamation shall be deemed to alter, modify, abrogate, enlarge, or diminish the rights or jurisdiction of any Tribal Nation, including off-reservation reserved rights.  The Secretary shall, to the maximum extent permitted by law and in consultation with Tribal Nations, ensure the protection of sacred sites and cultural properties and sites in the monument and shall provide access to Tribal members for traditional cultural, spiritual, and customary uses, consistent with the American Indian Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq.), Executive Order 13007 of May 24, 1996 (Indian Sacred Sites), and the November 10, 2021, Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Indigenous Sacred Sites.  Such uses shall include, but are not limited to, the collection of medicines, berries, plants, and other vegetation for cradle boards and other purposes, and firewood for ceremonial practices and personal noncommercial use, so long as each use is carried out consistent with applicable law and in a manner consistent with the proper care and management of the objects identified above.  The Secretary shall endeavor to prepare an ethnographic study and cultural resources survey of the monument to assess the importance of the land to Tribal Nations affiliated culturally or historically with the Chuckwalla Region and the religious, spiritual, and cultural practices of culturally affiliated Tribal Nations.

The Secretary shall explore mechanisms, consistent with applicable law, to enable the protection of Indigenous Knowledge or other information relating to the nature and specific location of cultural resources within the monument and, to the extent practicable, shall explain to the holders of such knowledge or information any limitations on the ability to protect such information from disclosure before it is shared with the BLM.

     Nothing in this proclamation shall be construed to preclude the renewal or assignment of, or interfere with the operation, maintenance, replacement, modification, upgrade, or access to, existing or previously approved flood control, utility, pipeline, and telecommunications sites or facilities; roads or highway corridors; seismic monitoring facilities; wildlife management structures installed by the BLM or the State of California; or water infrastructure, including wildlife water developments or water district facilities, within the boundaries of existing or previously approved authorizations within the monument.  Existing or previously approved flood control, utility (including electric transmission and distribution), pipeline, telecommunications, and seismic monitoring facilities; roads or highway corridors; wildlife management structures installed by the BLM or the State of California; and water infrastructure, including wildlife water developments or water district facilities, may be expanded, and new facilities of such kind may be constructed, to the extent consistent with the proper care and management of the objects identified above and subject to the Secretary’s authorities, other applicable law, and the provisions of this proclamation related to roads and trails.

For purposes of protecting and restoring the objects identified above, the Secretary shall prepare a transportation plan that designates the roads and trails on which motorized and non-motorized mechanized vehicle use will be allowed.  The transportation plan shall include management decisions necessary to protect the objects identified in this proclamation.  Except for emergency purposes and authorized administrative purposes, including management activities by appropriate California State agencies to maintain, enhance, or restore fish and wildlife populations and habitats, which are otherwise consistent with applicable law, motorized vehicle use in the monument may be permitted only on roads and trails documented as existing in BLM route inventories that exist as of the date of this proclamation.  Any additional roads or trails designated for motorized vehicle use by the general public must be designated only for public safety needs or if necessary for the protection of the objects identified above.

Livestock grazing has not been permitted in the monument area since 2002, and the Secretary shall not issue any new grazing permits or leases on such lands.

     Nothing in this proclamation shall affect the BLM’s ability to authorize access to and remediation or monitoring of contaminated lands within the monument, including for remediation of unexploded ordnance and mine, mill, or tailing sites or for the restoration of natural resources. 

Nothing in this proclamation shall preclude low-level overflights of military aircraft, the landing of military aircraft in accordance with aviation safety regulations in landing zones that have been or are designated in the future, military flight testing or evaluation, the designation of new units of special use airspace, the use of existing or the establishment of new military flight training routes, or low-level overflights and landings of aircraft by the BLM or its contractors for scientific or resource management purposes.  Nothing in this proclamation shall preclude the use of land within the monument for military training, or preclude air or ground access to existing or new electronic tracking or communications sites associated with special use airspace and military flight training routes, after appropriate coordination between the Department of Defense and the Department of the Interior.

As this monument is located near DFAs identified by the DRECP and is consistent with the goals of that plan, nothing in this proclamation shall be interpreted to require denial of proposals for renewable energy projects that are in DFAs identified by the DRECP and that comply with all applicable legal requirements.

Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction or authority of the State of California with respect to fish and wildlife management, including hunting and fishing, on the lands reserved by this proclamation.  The Secretary shall seek to develop and implement science-based habitat and ecological restoration projects within the monument and shall seek to collaborate with the State of California on wildlife management within the monument, including through the development of new, or the continuation of existing, agreements with the California Department of Fish and Wildlife.

The Secretary shall evaluate opportunities to enter into one or more agreements with governments, including State, local, and Tribal, regarding the protection of the objects identified above during wildland fire prevention and response efforts. Nothing in this proclamation shall be construed to alter the authority or responsibility of any party with respect to emergency response activities within the monument, including wildland fire response.

Nothing in this proclamation shall be deemed to limit the authority of the Secretary, consistent with applicable law, to undertake or authorize activities for the purpose of ensuring safe and continued recreational access to canyons in the Mecca Hills Wilderness.

Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation.

     Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of the monument and not to locate or settle upon any of the lands thereof.

     If any provision of this proclamation, including its application to a particular parcel of land, is held to be invalid, the remainder of this proclamation and its application to other parcels of land shall not be affected thereby.

     IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of January, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth.

                              JOSEPH R. BIDEN JR.

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TO THE CONGRESS OF THE UNITED STATES:

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to the situation in the West Bank declared in Executive Order 14115 of February 1, 2024, is to continue in effect beyond February 1, 2025.

The situation in the West Bank — in particular high levels of extremist settler violence, forced displacement of people and villages, and property destruction — has reached intolerable levels and constitutes a serious threat to the peace, security, and stability of the West Bank and Gaza, Israel, and the broader Middle East region.  These actions undermine the foreign policy objectives of the United States, including the viability of a two-state solution and ensuring Israelis and Palestinians can attain equal measures of security, prosperity, and freedom.  They also undermine the security of Israel and have the potential to lead to broader regional destabilization across the Middle East, threatening United States personnel and interests.

The situation in the West Bank continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  Therefore, I have determined that it is necessary to continue the national emergency declared in Executive Order 14115 with respect to the situation in the West Bank.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

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On February 1, 2024, by Executive Order 14115, I declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in the West Bank. 

The situation in the West Bank — in particular high levels of extremist settler violence, forced displacement of people and villages, and property destruction — has reached intolerable levels and constitutes a serious threat to the peace, security, and stability of the West Bank and Gaza, Israel, and the broader Middle East region.  These actions undermine the foreign policy objectives of the United States, including the viability of a two-state solution and ensuring Israelis and Palestinians can attain equal measures of security, prosperity, and freedom.  They also undermine the security of Israel and have the potential to lead to broader regional destabilization across the Middle East, threatening United States personnel and interests.

The situation in the West Bank continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  For this reason, the national emergency declared in Executive Order 14115 of February 1, 2024, must continue in effect beyond February 1, 2025.  Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 14115 with respect to the situation in the West Bank.

This notice shall be published in the Federal Register and transmitted to the Congress.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

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TO THE SENATE OF THE UNITED STATES:

     With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty between the Government of the United States of America and the Government of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters (the “Treaty”), signed at Abu Dhabi on February 24, 2022.  I also transmit, for the information of the Senate, the report of the Department of State with respect to the Treaty.

     The Treaty is one of a series of modern mutual legal assistance treaties negotiated by the United States to more effectively counter criminal activities.  The Treaty should enhance our ability to investigate and prosecute a wide variety of crimes.

     The Treaty provides for a broad range of cooperation in criminal matters.  Under the Treaty, the Parties agree to assist each other by, among other things:  taking the evidence, testimony, or statements of persons; providing and authenticating documents, records, and articles of evidence; locating or identifying persons or items; serving documents; transferring persons in custody temporarily for testimony or other assistance under the Treaty; executing requests for searches and seizures; and identifying, tracing, immobilizing, seizing, and forfeiting assets and assisting in related proceedings.

     I recommend that the Senate give early and favorable consideration to the Treaty and give its advice and consent to ratification.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

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TO THE CONGRESS OF THE UNITED STATES:

     I am pleased to transmit to the Congress, pursuant to subsections 123 b. and 123 d. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b), (d)) (the “Act”), the text of an Agreement for Cooperation Between the Government of the United States of America and the Government of the Kingdom of Thailand Concerning Peaceful Uses of Nuclear Energy (the “Agreement”). 

     I am also pleased to transmit my written approval, authorization, and determination concerning the Agreement and an unclassified Nuclear Proliferation Assessment Statement (NPAS) concerning the Agreement.  In accordance with section 123 of the Act, a classified annex to the NPAS, prepared by the Secretary of State, in consultation with the Director of National Intelligence, summarizing relevant classified information, will be submitted to the Congress separately.  The joint memorandum submitted to me by the Secretaries of State and Energy and a letter from the Chair of the Nuclear Regulatory Commission stating the views of the Commission are also enclosed.  An addendum to the NPAS containing a comprehensive analysis of the export control system of the Kingdom of Thailand with respect to nuclear-related matters, including interactions with other countries of proliferation concern and the actual or suspected nuclear, dual-use, or missile-related transfers to such countries, pursuant to section 102A(w) of the National Security Act of 1947 (50 U.S.C. 3024(w)), is being submitted separately by the Director of National Intelligence. 

     The Agreement has been negotiated in accordance with the Act and other applicable law.  In my judgment, it meets all applicable statutory requirements and will advance the nonproliferation and other foreign policy interests of the United States of America.

     The Agreement contains all of the provisions required by subsection 123 a. of the Act.  It provides a comprehensive framework for peaceful nuclear cooperation with the Kingdom of Thailand based on a mutual commitment to nuclear nonproliferation.  It would permit the transfer of material, equipment (including reactors), components, and information for peaceful nuclear purposes.  It would not permit the transfer of Restricted Data or sensitive nuclear technology.  Any special fissionable material transferred to the Kingdom of Thailand could only be in the form of low enriched uranium, with the exception of small quantities of special fissionable material for use as samples, standards, detectors, or targets, or for such other purposes as the parties may agree. 

     Through the Agreement, the Kingdom of Thailand would affirm its intent to rely on existing international markets for nuclear fuel services rather than acquiring sensitive nuclear technology (i.e., for enrichment and reprocessing), and the United States would affirm its intent to support these international markets to ensure nuclear fuel supply for the Kingdom of Thailand.

     The Agreement has a term of 30 years, although it can be terminated at any time by either party on 1 year’s advance written notice to the other party.  In the event of termination or expiration of the Agreement, key nonproliferation conditions and controls will continue in effect as long as any material, equipment, or components subject to the Agreement remains in the territory of the party concerned or under its jurisdiction or control anywhere, or until such time as the parties agree that such material, equipment, or components are no longer usable for any nuclear activity relevant from the point of view of safeguards.

     The Kingdom of Thailand is a party to the Treaty on the Non-Proliferation of Nuclear Weapons and has concluded a Comprehensive Safeguards Agreement and Additional Protocol thereto with the International Atomic Energy Agency.  The Kingdom of Thailand was also among the early sponsors of and is a State Party to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone.  A more detailed discussion of the Kingdom of Thailand’s domestic civil nuclear activities and its nuclear nonproliferation policies and practices is provided in the NPAS and its classified annex.

     I have considered the views and recommendations of the interested departments and agencies in reviewing the Agreement and have determined that its performance will promote, and will not constitute an unreasonable risk to, the common defense and security.  Accordingly, I have approved the Agreement and authorized its execution and urge that the Congress give it favorable consideration. 

     This transmission shall constitute a submittal for purposes of both subsections 123 b. and 123 d. of the Act.  My Administration is prepared to immediately begin the consultations with the Senate Foreign Relations Committee and the House Foreign Affairs Committee as provided in subsection 123 b.  Upon completion of the 30 days of continuous session review provided for in subsection 123 b., the 60 days of continuous session review provided for in subsection 123 d. shall commence.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

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Dear Mr. Speaker:   (Dear Madam President:)

Consistent with Section 204(e) of the Compact of Free Association Amendments Act of 2024 (Div. G, title II, P.L. 118‑42) and section 101(d)(2) of the Joint Resolution to approve the “Compact of Free Association” between the United States and the Government of Palau, and for other purposes (P.L. 99-658), I transmit here the 2024 Federal Programs and Services Agreement between the Government of the United States and the Government of the Republic of Palau (2024 Palau FPSA).

Consistent with section 101(f) of title I of the Compact of Free Association Amendments Act of 2003 (P.L. 108-188) and Section 204(e) of the Compact of Free Association Amendments Act of 2024 (Div. G, title II, P.L. 118-42) I transmit here the 2024 Federal Programs and Services Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands with Annexes (2024 Marshall Islands FPSA).

The reasons for these agreements with Palau and the Marshall Islands are to assist in their development and maintain our close relationship with each country.  The 2024 FPSA agreements with Palau and the Marshall Islands would continue most of the services specified in those agreements as they have been provided to each country under previous agreements, with some technical updates.  The 2024 FPSAs include significant changes to the provision of postal services for both Palau and the Marshall Islands, including more detailed specifications on the minimum level of services provided, allowing the United States Postal Service (USPS) to reduce the individual services within certain categories.  The 2024 FPSA with Palau would also make FDIC insurance available to Palau-chartered banks for the first time, such that existing and future Palau-chartered depository institutions would be eligible to apply for FDIC insurance.  A new component of the 2024 FPSA with the Marshall Islands would make FDIC insurance available to existing Marshall Islands‑chartered institutions, such that they could apply for FDIC insurance.  In addition, the 2024 FPSAs’ general provisions that apply to all U.S. Federal agencies providing programs and services in Palau and the Marshall Islands — not just those providing programs and services under the FPSAs — would last in perpetuity unless terminated by mutual agreement.  This ensures that benefits for U.S. Federal agencies, personnel, and contractors, including certain privileges and immunities, tax exemptions, and claims and dispute settlement procedures, will continue beyond 2043.  With regard to the 2024 FPSA with the Marshall Islands, significant changes relating to disaster assistance include a revision to the process for declaring disasters, increased contributions to the Disaster Assistance Emergency Fund, and changes to promote disaster preparedness.

I commend to the Congress the 2024 Palau FPSA between the United States of America and the Republic of Palau and the 2024 Marshall Islands FPSA between the United States of America and the Republic of the Marshall Islands.

                              Sincerely,

                              JOSEPH R. BIDEN JR.

The post Letter to the Speaker of the House and President of the Senate on the 2024 Federal Programs and Services Agreement between the Government of the United States and the Government of the Republic of Palau, and the 2024 Federal Programs and Services Agreement between the Government of the United States and the Government of the Republic of the Marshall Islands with Annexes appeared first on The White House.

NATIONAL SECURITY MEMORANDUM/NSM-29

MEMORANDUM FOR THE VICE PRESIDENT
               THE SECRETARY OF STATE
               THE SECRETARY OF THE TREASURY
               THE SECRETARY OF DEFENSE
               THE ATTORNEY GENERAL
               THE SECRETARY OF COMMERCE
               THE SECRETARY OF ENERGY
               THE SECRETARY OF HOMELAND SECURITY
               THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
               THE DIRECTOR OF THE OFFICE OF MANANGEMENT AND BUDGET
               THE UNITED STATES TRADE REPRESENTATIVE
               THE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS
               THE DIRECTOR OF NATIONAL INTELLIGENCE
               The DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
               THE ASSISTANT TO THE PRESIDENT FOR NATIONAL
                  SECURITY AFFAIRS
               THE COUNSEL TO THE PRESIDENT
               THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC
                  POLICY AND DIRECTOR OF THE NATIONAL ECONOMIC COUNCIL
               THE ASSISTANT TO THE PRESIDENT AND HOMELAND
                  SECURITY ADVISOR AND DEPUTY NATIONAL SECURITY ADVISOR
               THE CHAIR OF THE COUNCIL OF ECONOMIC ADVISERS
               THE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY
               THE NATIONAL CYBER DIRECTOR
               THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
               THE DIRECTOR OF THE NATIONAL SECURITY AGENCY
               THE DIRECTOR OF THE FEDERAL BUREAU OF
                  INVESTIGATION
               THE DIRECTOR OF THE NATIONAL COUNTERTERRORISM CENTER
               THE DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER

SUBJECT:            Revocation of National Security Presidential

                    Memorandum 5

The United States maintains as the core objective of our policy the need for more freedom and democracy, improved respect for human rights, and increased free enterprise in Cuba.  Achieving these goals will require practical engagement with Cuba and the Cuban people beyond what is outlined in NSPM-5, and that takes into account recent developments in Cuba and the changing regional and global context.

Accordingly, I hereby revoke NSPM-5.  

     Section 1.  Revocation.  NSPM-5 is hereby revoked.  Accordingly, the Secretary of State shall immediately rescind the list developed in accordance with Section 3(a)(i) of NSPM-5, and the Secretary of the Treasury shall initiate a process to adjust current regulations as a result of this revocation of NSPM-5.  

     Sec. 2.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department, 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 memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

     (c)  This memorandum 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.   

                              JOSEPH R. BIDEN JR.

The post Memorandum on the Revocation of National Security Presidential Memorandum 5 appeared first on The White House.

TO THE CONGRESS OF THE UNITED STATES:

     I transmit herewith a report to the Congress with respect to the proposed recission of Cuba’s designation as a state sponsor of terrorism.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

The post Message to the Congress on Transmitting a Report to the Congress with Respect to the Proposed Rescission of Cuba’s Designation as a State Sponsor of Terrorism appeared first on The White House.

Certification of Rescission of Cuba’s Designation

as a State Sponsor of Terrorism

Pursuant to the Constitution and the laws of the United States, and consistent with sections 1754(c) and 1768(c) of the National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4813(c) and 4826(c)), I hereby certify with respect to the rescission of the determination of January 12, 2021, regarding Cuba that:

     (i)  The Government of Cuba has not provided any support for international terrorism during the preceding 6-month period; and

     (ii)  The Government of Cuba has provided assurances that it will not support acts of international terrorism in the future.

This certification shall also satisfy the provisions of section 620A(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(c)(2)), section 40(f)(1)(B) of the Arms Export Control Act, Public Law 90-629, as amended (22 U.S.C. 2780 (f)(1)(B)), and, to the extent applicable, section 6(j)(4)(B) of the Export Administration Act of 1979, Public Law 96-72, as amended (50 U.S.C. App.2405(j)), and as continued in effect by Executive Order 13222 of August 17, 2001.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

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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 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.

(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.

(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 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:  

(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 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;

(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-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;

(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 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 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 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 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 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:

(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 Liftoffreport, 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

(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 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 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, 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.

(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.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 14, 2025.

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Today, President Joseph R. Biden, Jr. made additional disaster assistance available to the State of California by authorizing an increase in the level of Federal funding for emergency work undertaken in the State of California as a result of wildfires and straight-line winds beginning on January 7, 2025, and continuing.

Under the President’s order today, Federal funds for debris removal and emergency protective measures, including direct Federal assistance have been increased to 100 percent of the total eligible costs for a period of 180 days of the State’s choosing within the first 270 days from the start of the incident period.

FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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Yesterday, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of South Carolina and ordered Federal assistance to supplement state, tribal, and local recovery efforts in the areas affected by severe storms and flooding from November 6 to November 14, 2024.

Federal funding is available to state, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by the severe storms and flooding in the counties of Bamberg, Calhoun, and Orangeburg.

Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.

Mr. Brian F. Schiller of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 

Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.

FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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Yesterday, President Joseph R. Biden, Jr. declared that a major disaster exists for the Native Village of Kwigillingok and ordered federal aid to supplement the Tribal Nation’s efforts in the areas affected by a severe storm and flooding from August 15 to August 18, 2024.

Federal funding is available to the Native Village of Kwigillingok and certain private nonprofit organizations on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by the severe storm and flooding.

Federal funding is also available on a cost-sharing basis for hazard mitigation measures for the Native Village of Kwigillingok.

Mr. Lance E. Davis of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 

Additional designations may be made at a later date if requested by the Tribal Nation and warranted by the results of further damage assessments.

FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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MEMORANDUM FOR THE SECRETARY OF STATE

               THE SECRETARY OF ENERGY

SUBJECT:       Presidential Determination on the Proposed

               Agreement for Cooperation Between the Government

               of the United States of America and the

               Government of the Kingdom of Thailand Concerning

               Peaceful Uses of Nuclear Energy

I have considered the proposed Agreement for Cooperation Between the Government of the United States of America and the Government of the Kingdom of Thailand Concerning Peaceful Uses of Nuclear Energy (the “proposed Agreement”), along with the views, recommendations, and statements of the interested departments and agencies.

I have determined that the performance of the proposed Agreement will promote, and will not constitute an unreasonable risk to, the common defense and security.  Pursuant to section 123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement and authorize the Secretary of State to arrange for its execution.

The Secretary of State is authorized and directed to publish this determination in the Federal Register.

                              JOSEPH R. BIDEN JR.

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Today, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of California and ordered Federal aid to supplement State, tribal, and local recovery efforts in the areas affected by wildfires and straight-line winds beginning on January 7, 2025, and continuing.

The President’s action makes Federal funding available to affected individuals in Los Angeles County.

Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster.

Federal funding also is available to State, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work in Los Angeles County.

Finally, Federal funding is available on a cost-sharing basis for hazard mitigation measures statewide.

Mr. Curtis Brown of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 

Damage assessments are continuing in other areas, and more counties and additional forms of assistance may be designated after the assessments are fully completed.

Residents and business owners who sustained losses in the designated areas can begin applying for assistance at www.DisasterAssistance.gov, or by calling 800-621-FEMA (3362), or by using the FEMA App. Anyone using a relay service, such as video relay service (VRS), captioned telephone service or others, can give FEMA the number for that service. 

FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code,

I, JOSEPH R. BIDEN JR., President of the United States of America, in view of events in the Western Balkans, including continued attempts by individuals to challenge the sovereignty and territorial integrity of Western Balkans nations, to undermine post-war agreements and institutions, to engage in significant corruption that erodes the rule of law and trust in democratic governance, and to evade United States Government sanctions, and in order to take additional steps with respect to the national emergency declared in Executive Order 13219 of June 26, 2001 (Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans), as amended by Executive Order 13304 of May 28, 2003 (Termination of Emergencies With Respect to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001), and expanded in scope by Executive Order 14033 of June 8, 2021 (Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation in the Western Balkans), hereby order:

Section 1.  Amendments to Executive Order 14033. Executive Order 14033 is hereby amended by striking section 1 and inserting, in lieu thereof, the following:

“Section 1.  (a)  All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:  any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

(i)     to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, actions or policies that threaten the peace, security, stability, or territorial integrity of any area or state in the Western Balkans;

(ii)    to be responsible for or complicit in, including by involvement in developing, or to have directly or indirectly engaged or attempted to engage in, actions or policies that undermine democratic processes or institutions in the Western Balkans;

(iii)   to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, a violation of, or an act that has obstructed or threatened the implementation of, any regional security, peace, cooperation, or mutual recognition agreement or framework or accountability mechanism, or to pose a significant risk of committing such an act, related to the Western Balkans, including the Prespa Agreement of 2018; the Ohrid Framework Agreement of 2001; United Nations Security Council Resolution 1244; the Dayton Accords; or the Conclusions of the Peace Implementation Conference Council held in London in December 1995, including the decisions or conclusions of the High Representative, the Peace Implementation Council, or its Steering Board; or the International Criminal Tribunal for the former Yugoslavia, or, with respect to the former Yugoslavia, the International Residual Mechanism for Criminal Tribunals;

(iv)    to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, serious human rights abuse in the Western Balkans;

(v)     to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, corruption related to the Western Balkans, including corruption by, on behalf of, or otherwise related to a government in the Western Balkans, or a current or former government official at any level of government in the Western Balkans, such as the misappropriation of public assets, expropriation of private assets for personal gain or political purposes, or bribery;

(vi)    to be a leader, official, or member of an entity, including a government entity, that has engaged in, or attempted to engage in, any of the activities described in subsections (1)(a)(i)-(v) of this order, or whose property and interests in property are blocked pursuant to this order;

(vii)   to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this order;

(viii)  to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order;

(ix)    to own or control, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order; or

(x)     to be a spouse or adult child of any person whose property and interests in property are blocked pursuant to subsections (1)(a)(i)-(v) of this order.

(b)  The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.”

Sec. 2.  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.

(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 persons.

                             JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 8, 2025.

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TO THE CONGRESS OF THE UNITED STATES:

    Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I hereby report that I have issued an Executive Order in order to take additional steps with respect to the national emergency declared in Executive Order 13219 of June 26, 2001 (Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans), as amended by Executive Order 13304 of May 28, 2003 (Termination of Emergencies With Respect to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001), and expanded in scope by Executive Order 14033 of June 8, 2021 (Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation in the Western Balkans).
    The order is intended to provide additional prongs for targeting persons for designation under Executive Order 14033 and deter individuals from attempting to evade United States sanctions.  This includes amendments to:  add attempt as a basis for designation throughout the order; add a prong for leadership of membership in a sanctioned entity; add a prong for ownership or control of a sanctioned person; and add a prong for being a spouse or adult child of a sanctioned person.
    I am enclosing a copy of the Executive Order I have issued. 

                             JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

    January 8, 2025.

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MEMORANDUM FOR THE SECRETARY OF THE INTERIOR

SUBJECT:       Withdrawal of Certain Areas of the United States Outer Continental Shelf from Oil or Natural Gas Leasing

Consistent with principles of responsible public stewardship, and with due consideration of the irreplaceable marine and coastal environments, including wildlife and wildlife habitat, of the Bering Sea; and independently with due consideration of the vulnerability of these ecosystems and coastal communities, where limited or no oil and natural gas development has yet occurred, to oil spills; and independently with due consideration of the national need to curtail, mitigate, build resilience against, and adapt to the devastating and irreversible consequences of climate change for the human environment and for the marine and coastal environments, I hereby direct as follows:

Under the authority granted to me in section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by oil or natural gas leasing for a time period without specific expiration the remaining areas that are part of the Northern Bering Sea Climate Resilience Area, designated in Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), and that are not currently withdrawn from disposition by leasing.  The Northern Bering Sea Climate Resilience Area includes waters within the United States Exclusive Economic Zone bounded to the north by the seaward boundary of the Bering Straits Native Corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); to the south by the southern boundaries of the Northern Bering Sea Research Area, the St. Matthew Habitat Conservation Area, and the Nunivak-Kuskokwim Habitat Conservation Area; and to the west by the maritime boundary delimited by the Agreement Between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed at Washington, June 1, 1990.  This withdrawal does not affect the prior withdrawal made in the Norton Basin Planning Area by Executive Order 13754, or the withdrawal of the North Aleutian Planning Area by the Presidential Memorandum of December 16, 2014 (Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition).

The boundaries of the withdrawn areas are more specifically delineated in the attached map.  The map forms a part of this memorandum.  The withdrawal directed by this memorandum prevents consideration of the withdrawn areas for any future oil or natural gas leasing for purposes of exploration, development, or production.

Nothing in this withdrawal affects rights under existing leases in the withdrawn areas.

                              JOSEPH R. BIDEN JR.

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MEMORANDUM FOR THE SECRETARY OF THE INTERIOR

SUBJECT:       Withdrawal of Certain Areas of the United States Outer Continental Shelf from Oil or Natural Gas Leasing

Consistent with principles of responsible public stewardship, and with due consideration of the irreplaceable marine and coastal environments, including wildlife and wildlife habitat, of the Gulf of Mexico, Atlantic, and Pacific areas of the Outer Continental Shelf; and independently with due consideration of the vulnerability of these ecosystems and coastal communities, where limited or no oil and natural gas development has yet occurred, to oil spills; and independently with due consideration of the benefits of expeditious and orderly development of the vital renewable energy resources of the Gulf of Mexico, Atlantic, and Pacific areas of the Outer Continental Shelf; and independently with due consideration of the national need to curtail, mitigate, build resilience against, and adapt to the devastating and irreversible consequences of climate change for the human environment and for the marine and coastal environments, I hereby direct as follows:

Under the authority granted to me in section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by oil or natural gas leasing for a time period without specific expiration:

(a)  the areas designated by the Bureau of Ocean Energy Management as the North Atlantic, Mid-Atlantic, South Atlantic, and Straits of Florida Planning Areas of the Outer Continental Shelf;

(b)  the areas of the Outer Continental Shelf designated by section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432); and

(c)  the areas designated by the Bureau of Ocean Energy Management as the Washington/Oregon, Northern California, Central California, and Southern California Planning Areas of the Outer Continental Shelf.

The boundaries of the withdrawn areas are more specifically delineated in the attached map.  The map forms a part of this memorandum.  The withdrawal directed by this memorandum prevents consideration of withdrawn areas for any future oil or natural gas leasing for purposes of exploration, development, or production.

Nothing in this withdrawal affects rights under existing leases in the withdrawn areas.

                              JOSEPH R. BIDEN JR.

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By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the “Act”), it is hereby ordered that: 

Section1.  Order of Succession.  Subject to the provisions of section 2 of this order, and to the limitations set forth in the Act, the following officials of the Office of Management and Budget, in the order listed, shall act as and perform the functions and duties of the office of Director of the Office of Management and Budget (Director) during any period in which both the Director and the Deputy Director of the Office of Management and Budget have died, resigned, or otherwise become unable to perform the functions and duties of the office of Director: 

     (a)  Deputy Director for Management;

     (b)  Executive Associate Director;

     (c)  Associate Director (National Security Programs);

     (d)  Associate Director (General Government Programs);

     (e)  Associate Director (Education, Income Maintenance, and Labor Programs);

     (f)  Associate Director (Health Programs);

     (g)  Associate Director (Climate, Energy, Environment, and Science Programs);

     (h)  General Counsel;

     (i)  Administrator for Federal Procurement Policy;

     (j)  Administrator of the Office of Information and Regulatory Affairs;

     (k)  Controller, Office of Federal Financial Management; and

     (l)  Administrator of the Office of Electronic Government.

Sec. 2.  Exceptions.  (a)  No individual who is serving in an office listed in section 1(a)–(l) of this order in an acting capacity shall, by virtue of so serving, act as Director pursuant to this order.

     (b)  No individual who is serving in an office listed in section 1(a)–(l) of this order shall act as Director unless that individual is otherwise eligible to so serve under the Act.

     (c)  Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Director.

Sec. 3.  Revocation.  Executive Order 13615 of May 21, 2012 (Providing an Order of Succession Within the Office of Management and Budget), is hereby revoked.

Sec. 4.  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.

     (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.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
    January 3, 2025.

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