March 6, 2025
Mr. Curtis (for himself and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
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.