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H.R. 10169House119th Congress (2025-2027)In Committee

To prohibit the provision of Federal financial benefit for the construction, expansion, or substantial rehabilitation of data centers on prime farmland and other certain farmland.

Sponsored by Mary E. MillerRep. Mary E. Miller (R-IL)
Introduced August 27, 2026

AI-Generated Summary

Updated September 9, 2026 at 1:16 AM UTC

The bill bars any federal financial assistance for building, expanding, or substantially renovating data centers on prime farmland or other designated farmland. It aims to protect agricultural land by preventing federal subsidies, tax credits, or other financial incentives from being used for such projects. The rule would apply to all federal agencies and affect developers of data centers and owners of farmland that might be used for these facilities.

Key Provisions

  • No federal agency may provide any federal financial benefit for the construction, expansion, or substantial rehabilitation of a data center located on prime farmland or certain other farmland.
  • “Federal financial benefit” includes direct assistance, tax credits, deductions, accelerated depreciation, transferable tax credits, or any similar federal financial incentive.
  • The prohibition applies to projects that begin after the law is enacted.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

August 27, 2026

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HouseIntro Referral

Introduced in House

August 27, 2026

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

August 27, 2026

Bill Text

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Introduced in HouseIssued August 27, 2026

I

119th CONGRESS

2d Session

H. R. 10169

IN THE HOUSE OF REPRESENTATIVES

August 27, 2026

Mrs. Miller of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To prohibit the provision of Federal financial benefit for the construction, expansion, or substantial rehabilitation of data centers on prime farmland and other certain farmland.

1.

Prohibition on Federal financial benefit for the construction, expansion, or substantial rehabilitation of data centers on prime farmland and other certain farmland

(a)

In general

Notwithstanding any other provision of law, no Federal agency may provide Federal financial benefit for the construction, expansion, or substantial rehabilitation of any data center (as defined in section 453(a)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112(a)(1))) that is (or is planned to be) located on land that is (or, immediately before such construction, expansion, or rehabilitation, was) described in section 1540(c)(1) of the Farmland Protection Policy Act (7 U.S.C. 4201(c)(1)), if such construction, expansion, or substantial rehabilitation begins after the date of the enactment of this Act.

(b)

Federal financial benefit

For purposes of this section, the term Federal financial benefit means—

(1)

any Federal financial assistance (as defined in section 7501(a)(5) of title 31, United States Code), and

(2)

any Federal tax credit, Federal tax deduction, Federal accelerated depreciation allowance, Federal transferable tax, or other Federal financial benefit provided pursuant to Federal law.