H.R. 5639

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5639 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5639

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

Mr. Kennedy of Utah (for himself and Mr. Levin) introduced the 
following bill; which was referred to the Committee on Natural 
Resources

_______________________________________________________________________

A BILL

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

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Co-Location Energy Act''.

SEC. 2. CO-LOCATION OF RENEWABLE ENERGY PROJECTS.

(a) Definitions.--In this section:
(1) Existing federal energy lease.--The term ``existing 
Federal energy lease'' means a lease, easement, or right-of-
way, as applicable--
(A) on land managed by the Secretary; and
(B) that was issued, granted, or renewed on or 
before the date of enactment of this Act under--
(i) the Mineral Leasing Act (30 U.S.C. 181 
et seq.); or
(ii) the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.).
(2) Secretary.--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 (43 U.S.C. 1337(p)) and section 501(a)(4) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1761(a)(4)), the Secretary may authorize a person to evaluate 
an area of an existing Federal energy lease for solar or wind 
energy development.
(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.
(c) Permits for Renewable Energy Development on Existing Oil, Gas, 
Coal, and Geothermal Lease Areas.--
(1) In general.--In addition to the authority of the 
Secretary under section 8(p) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(p)) and section 501(a)(4) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1761(a)(4)), 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.
(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.--The Secretary shall issue a rule to carry out this 
section.
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