AI in Indian Country

August 26, 2026

Issue 002

The Watershed Boundary

The Big Picture

The number of Tribal Nations with a formal, documented position on hyperscale data centers roughly doubled this month, and the largest Tribal Nation in the United States moved from study to prohibition. Most of the new resolutions cite water first. Two concern projects that are not on Tribal land at all.

That is the structural shift. Opposition is no longer confined to reservation boundaries. Nations are asserting an interest in projects sited miles away, on the reasoning that aquifers, rivers, air sheds and transmission systems do not respect jurisdictional lines. Data Centers in Indian Country, Turtle Talk

New This Issue

Cherokee Nation prohibits hyperscale facilities. Principal Chief Chuck Hoskin Jr. barred hyperscale data centers from tribally owned and trust lands on August 5, acting on the report of the task force he created by executive order in February. Of 1,593 citizens responding to the task force survey, 64 percent opposed hyperscale construction within the reservation and 22 percent were undecided. The report flagged energy, water, air quality, noise, light pollution and cultural resources, and found Oklahoma has no consistent method for tracking proposed projects. Cherokee Nation Data Center Task Force report, Cherokee Nation For non-Tribal land inside the reservation, the Nation will require “robust” consultation before considering support. Chez Oxendine (Lumbee-Cheraw) reported for Tribal Business News. Cherokee Nation bans hyperscale data centers on tribal lands, Tribal Business News

Hualapai Tribe opposes construction on the reservation. The Hualapai Tribal Council passed a resolution on August 20 opposing data center construction within reservation boundaries, citing critical Colorado River shortages along with light pollution and wastewater discharge. The Nation’s release names no company. Hualapai Tribe passes resolution opposing data center construction on the reservation, KNAU Arizona Public Radio Context: a new federal Colorado River operating plan announced this month requires substantial cuts from Arizona, California and Nevada.

Winnebago Tribe of Nebraska opposes a project it does not host. The Tribal Council approved a resolution on August 20 opposing hyperscale development “on and/or near” the Winnebago Indian Reservation, describing water as “not a commodity, but our living relative.” The target is a Google site under evaluation in Salix, Iowa, four miles from the reservation on land the town annexed in April. Tribal official Coly Brown raised aquifer impacts at the July Salix council meeting and asked for government-to-government consultation with the city council. Winnebago Tribe of Nebraska announces opposition to data centers near its lands, Siouxland Public Media Hours after the Tribal resolution passed, Salix councilmembers rejected a twelve-month moratorium by a single vote. Salix data center moratorium fails, Iowa Public Radio The Omaha Tribe is also nearby.

Kickapoo Tribe of Oklahoma, confirmed. The five-member Business Committee declared opposition to data centers on Tribal lands in July, citing land, water and electricity. Treasurer Chenille Suke told Thomas Pablo at KOSU the Nation had been approached several times. More tribal nations in Oklahoma are opposing, weighing data centers on their lands, KOSU

Story Updates

Project Jupiter (Santa Teresa, New Mexico). The Oracle and OpenAI campus in Doña Ana County absorbed three setbacks in two days. The New Mexico Supreme Court issued a unanimous temporary stay on August 23 halting the state Environment Department’s air quality permit proceedings, while it considers a New Energy Economy petition arguing the hearing cannot proceed before the microgrid’s fuel source is established. NM Supreme Court temporarily halts Project Jupiter air quality permit hearing, Source New Mexico The contested hearing officer recused himself on August 24. The same day, US Rep. Melanie Stansbury asked state agencies to produce the project’s water information. US Rep. Stansbury calls on New Mexico agencies to provide Project Jupiter water information, Source New Mexico Federal filings show the gas pipeline the microgrid depends on is delayed into 2027, after the State Land Commissioner twice rejected routing it across state land. Pueblo communities near the site, including Tortugas Pueblo and Ysleta del Sur Pueblo, were reportedly not properly notified of the original air permit application. No Nation is a party to the stay.

Massena, New York (proximity). The proposed 635-megawatt facility at the former Reynolds site, three buildings totaling nearly 1.5 million square feet, would draw roughly 70 percent of the Moses-Saunders Power Dam’s output. The Mohawk Council of Akwesasne opposes it on grounds of proximity, energy and water demand, and thin consultation. Environmental review was still at its earliest stage in late July.

Fort Peck (Montana). Montana Free Press confirmed the Tribal Executive Board’s ban on discussions with developers. Chairman Floyd Azure said three companies approached the Tribes in the past year, and none could say what the Tribes would gain. Fort Peck Tribes to data center developers, Montana Free Press

The Data Center Tracker

Mid-month update, breaking changes only. Full refresh due with the first September issue. New entries in bold.

Saying No (10): Cherokee Nation (OK) upgraded from task force to prohibition, Aug 5; Seminole Nation of Oklahoma; Tonawanda Seneca Nation (NY); Mohawk Council of Akwesasne; Sturgeon Lake Cree Nation (AB); Assiniboine and Sioux Tribes of Fort Peck (MT); Hualapai Tribe (AZ) new, Aug 20; Winnebago Tribe of Nebraska new, Aug 20; Kickapoo Tribe of Oklahoma new, verified, July; Sault Ste. Marie Tribe of Chippewa Indians (MI) new, resolution supporting a state moratorium, May 19.

Saying Yes (4): Hoopa Valley Tribe (CA); Cachil DeHe Band of Wintun Indians / Colusa Indian Community (CA); Woodland Cree First Nation (AB); Forest County Potawatomi Community (WI) new, Data Holdings, tribally owned, Milwaukee trust land, since 2013.

Studying (5): Muscogee (Creek) Nation (OK) task force now statutory, July 25, 12-3; Northwestern Band of the Shoshone Nation (UT); Kátł’odeeche First Nation (NWT); Pyramid Lake Paiute Tribe (NV); Caddo Nation (OK) new, gathering information; its development authority rules out hyperscale.

Nineteen Nations tracked, up from thirteen. Full detail, including a proximity-project sheet, is in the tracker workbook.

Policy Watch

The federal executive order establishing a national AI policy framework, and the Department of Justice AI Litigation Task Force operating since January 10, target state AI laws on commerce-clause and preemption grounds. The order carves out state laws governing AI compute and data center infrastructure, except for generally applicable permitting reform. Councils should read that carve-out narrowly: permitting reform is the mechanism by which siting decisions actually get made.

Roughly 157 data center bills moved through 36 state legislatures this year. Federal AI data center policy meets resistance from state lawmakers, MultiState Washington’s governor-convened working group filed a preliminary report, pending Tribal consultation, addressing treaty rights and cultural resources directly. It is the most useful state document currently available to Tribal legal departments.

Questions Tribal Governments Are Facing

Two, drawn from this period’s record. What is the Nation’s position on a project sited outside its boundaries but inside its watershed, and is that position on paper before the municipal vote rather than after? And does the Nation have a standing answer for a developer arriving with a nondisclosure agreement, given that most projects avoid the federal permits that trigger NEPA consultation? As Data Centers Sidestep Tribal Consultations, Tribal Nations Are Fighting Back, Truthout

Sources