Cherokee Nation bans hyperscale data centers on tribal lands
The Cherokee Nation has banned hyperscale data centers on tribally owned and trust lands following a task force report that highlighted broad citizen opposition and concerns over natural resources and infrastructure. The decision also requires robust consultation for any data center proposals on non-tribal lands within the reservation in Oklahoma. This action marks a significant policy shift from the Nation's previously cautious stance.
The Cherokee Nation has enacted a ban on hyperscale data center development across its tribally owned and trust lands. This prohibition, issued last Wednesday, followed a comprehensive report from the Principal Chief's data center task force, which documented widespread citizen opposition and raised significant concerns regarding energy and water consumption, air quality, noise, light pollution, and the protection of cultural resources. The task force survey revealed that 64% of 1,593 citizens opposed hyperscale data center construction within the reservation, highlighting a lack of consistent regulatory oversight for data center projects in Oklahoma.
Cherokee Nation Principal Chief Chuck Hoskin Jr. affirmed the tribe's commitment to protecting its citizens and tribal communities from these perceived threats, stating that the Nation would not support hyperscale development on tribally owned or trust lands. For projects proposed on non-tribal land within the Cherokee Nation Reservation, the new policy mandates robust consultation, addressing cultural and natural resource concerns, alongside meaningful community engagement. This decision reflects a shift from the Nation's earlier cautious approach to data center expansion, as the task force also recommended forming an advisory committee for future proposals.
This move by the Cherokee Nation aligns with similar actions taken by other tribal governments in response to expanding data center development. The article notes that the Seminole Nation passed a moratorium in March, and the Kickapoo Tribe announced a similar measure in July. Broader tribal opposition includes a lawsuit filed by the Tonawanda Seneca Nation concerning a facility in Genesee County, New York, and the Mohawk Council of Akwesasne's opposition to a large-scale data center in Massena, where state officials were accused of ignoring tribal concerns. A key issue raised is that developers often circumvent federal permits, such as those under the National Environmental Policy Act (NEPA), thus avoiding required tribal consultation.