Co-Location Energy Act · Introduced in House (2025-09-30)

119th CONGRESS 1st Session

To authorize the Secretary of the Interior to co-locate renewable energy projects on certain existing Federal leased areas, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · September 30, 2025 · Sponsor: Mr. Kennedy of Utah · Committee: Committee on Natural Resources

(a) Definitions

In this section:
- The term existing Federal energy lease means a lease, easement, or right-of-way, as applicable—
- The term Secretary means the Secretary of the Interior.

(b) Authorization To evaluate leased areas for renewable energy development

(1) In general
- In addition to the authority of the Secretary under section 8(p) of the Outer Continental Shelf Lands Act () and section 501(a)(4) of the Federal Land Policy and Management Act of 1976 (), the Secretary may authorize a person to evaluate an area of an existing Federal energy lease for solar or wind energy development. 43 U.S.C. 1337(p); 43 U.S.C. 1761(a)(4)
(2) Consent of leaseholder
- The Secretary may not authorize a person to evaluate an area under paragraph (1) unless the applicable leaseholder consents to that authorization.

(1) In general
- In addition to the authority of the Secretary under section 8(p) of the Outer Continental Shelf Lands Act () and section 501(a)(4) of the Federal Land Policy and Management Act of 1976 (), the Secretary may issue a permit to authorize a person to construct or operate systems or facilities for the production, transportation, storage, or transmission of energy from solar or wind resources on an area of an existing Federal energy lease. 43 U.S.C. 1337(p); 43 U.S.C. 1761(a)(4)
(2) Consent of leaseholder
- The Secretary may not issue a permit for an activity described in paragraph (1) unless the applicable leaseholder consents to the issuance of that permit.

(d) Categorical exclusions

Not later than 180 days after the date of enactment of this Act, the Secretary shall determine whether any of the actions for which a permit may be issued under subsection (c)(1), or any actions that may be carried out pursuant to constructing or operating systems or facilities for the production, transportation, storage, or transmission of energy from solar or wind resources on areas not subject to an existing Federal energy lease, are a category of actions that normally do not significantly affect the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (). 42 U.S.C. 4332(2)(C)

(e) Rulemaking

H.R. 5639