Conservation group: US Senate should put brakes on public lands permitting bill

Aaron Weiss

Submitted photo/Center for Western Priorities

If this bill passes, that could become the norm for permitting data centers on public lands. The bill would shield permits issued by the Trump administration for everything from drilling to nuclear waste storage on public lands from revocation by a future administration, while Trump’s cancellations of wind and solar projects would remain in place. The bill also rewrites the National Historic Preservation Act.”

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OPINION — A bipartisan permitting bill headed for a Senate vote right after the election would give President Donald Trump and Interior Secretary Doug Burgum two years to approve data centers, nuclear facilities and fossil fuel projects on public lands, then make those approvals nearly impossible to reverse, according to a new analysis from the Center for Western Priorities.

The Bipartisan American Affordability and Jobs Act, written and sponsored by Sens. Mike Lee, Shelley Moore Capito, Martin Heinrich and Sheldon Whitehouse would be disastrous for public lands:

• Industry lock-in: Section 1401 bars agencies from altering any permit in effect on or after Sept. 16, 2026, unless they meet a “clear and convincing evidence” standard far higher than agencies normally face.
• Public lock-out: Courts could no longer pause projects with botched environmental reviews. Construction would continue while reviews are redone, agencies could not act on what they find and challengers would get just 150 days to sue.
• Taxpayer price tag: Section 1402 would make taxpayers pay developers 50% to 100% of construction costs if a future administration slows a whole category of projects, such as gas plants or nuclear fuel facilities, with money drawn from a Treasury fund that requires no vote of Congress.

Burgum’s Interior Department is already reviewing applications for around 17 data centers on public lands, and it attempted to approve the first one by skipping environmental review and public comment entirely.

If this bill passes, that could become the norm for permitting data centers on public lands. The bill would shield permits issued by the Trump administration for everything from drilling to nuclear waste storage on public lands from revocation by a future administration, while Trump’s cancellations of wind and solar projects would remain in place.

The bill also rewrites the National Historic Preservation Act, drawing opposition from nine national Tribal organizations and the All Pueblo Council of Governors.

Sen. Heinrich says his bill “will age very well over time.” As it’s currently written, it will indeed age, locking in data centers and a new nuclear legacy on our public lands for generations.

Any permitting deal passed under this administration must strengthen the guardrails that keep Burgum and Trump in check, not hand them a blank check. Sen. Heinrich should pump the brakes on this bill during the lame-duck session and work with leaders in the next Congress to get it right.

Aaron Weiss is deputy director of the Center for Western Priorities, a conservation policy and advocacy organization focused on land and energy issues across the American West. Please submit comments at yourvalley.net/letters or email them to azopinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.