DOE announces 16 potential sites available for data centers

On April 3, DOE published a Request for Information (“RFI”) on Artificial Intelligence Infrastructure on DOE Lands. Under this RFI, DOE seeks to make available its considerable real estate assets to support the growing demand for AI infrastructure, in line with both market demand and the Trump Administration’s direction in the Executive Order “Removing Barriers to American Leadership in Artificial Intelligence.” 

DOE envisions hosting the construction of AI infrastructure beginning by the end of 2025, with a target for operation by the end of 2027. DOE proposes to locate AI infrastructure at as many as 16 DOE sites around the country. This infrastructure would use standard DOE lease agreements, but many other aspects of these projects remain open-ended. This RFI offers industry an opportunity to help DOE develop a plan to leverage its sites, recognizing that such sites pose unique considerations. 

Information requested by DOE

Through this RFI, DOE seeks to understand potential parties’ level of interest and the range of possibilities for AI infrastructure at DOE sites. It requests input from technology developers, the public, and potentially affected entities near DOE sites. From the tech industry, DOE seeks information on industry interest in developing, operating, and maintaining AI infrastructure on DOE owned or managed lands, as well as specifics on development approaches, operational models and economic considerations. 

DOE also asks for input on the electricity supply needed to support AI. DOE anticipates that some sites could host co-located data centers and “innovative energy technologies,” including potentially nuclear reactors. 

DOE seeks specific input on topics in ten categories. Respondents are invited to address as many topics as are relevant to their potential roles in such projects: 

1. What sites or regional characteristics make a location favorable 
2. Site-specific considerations for data center design and technology 
3. Ability for on-site energy development, i.e., co-location of a data center and power generation 
4. Needed off-site energy and transmission capacity 
5. Financial and contractual considerations, including preferred realty agreement terms and electricity tariff considerations 
6. Benefits and collaboration opportunities specific to individual DOE sites, e,g., integration with National Laboratory resources 
7. Economic opportunities and considerations in the local and state economies of each site 
8. Relevant and available environmental documentation – what kind of environmental information should DOE be providing or considering 
9. Challenges and any additional information needed to be included in potential future solicitations, including but not limited to timelines, supply chains, and physical or cyber security issues
10. Engagement strategy with local communities, other stakeholders, and tribes 

RFI responses are intended to inform the development of DOE’s next step in this initiative—including considerations like potential site use conflicts and needed mitigation measures, or terms and conditions to operate on DOE owned or managed lands. DOE indicates that future announcements will provide site-specific information such as acreage, environmental sensitivities, hazards, land use plans, power access and energy infrastructure, security, as well as information suggested in responses to this RFI.

Client considerations 

The information DOE identifies as forthcoming is critical, given the long and storied histories of many of the DOE sites, e.g., in the nuclear weapons development program. In responding to the RFI, potentially interested parties should consider asking the following of DOE: 

• Whether and what responsibility AI developers would have for any required environmental reviews; 
• What level of site clean-up and site characterization a tenant can expect at the point it might come onto a DOE site; 
• What residual responsibility DOE will have for legacy conditions; 
• Whether there will be a competitive process for acquiring the right to use the site; 
• Whether DOE anticipates being a user/customer of the data center; and 
• What the potential power supplies are for the site if the developer wants to use off-site generation or what power market considerations apply if they want to co-locate generation. 

The Hogan Lovells team is here to assist any clients seeking to influence this process by formulating a response to the RFI. Responses to the RFI are due May 7, 2025 

For any questions, please contact Mary Anne Sullivan, Senior Counsel; Cameron Tarry Hughes, Associate; or Valerie Marshall, Associate. 

Authored by Mary Anne Sullivan, Cameron Hughes, and Valerie Marshall.