I 
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 renew-
able energy projects on certain existing Federal leased 
areas, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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— 
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(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 Sec-
retary may not authorize a person to evaluate an 
area under paragraph (1) unless the applicable 
leaseholder consents to that authorization. 
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(c) PERMITS FOR RENEWABLE ENERGY DEVELOP-
MENT 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 au-
thorize a person to construct or operate systems or 
facilities for the production, transportation, storage, 
or transmission of energy from solar or wind re-
sources on an area of an existing Federal energy 
lease. 
(2) CONSENT
OF
LEASEHOLDER.—The Sec-
retary may not issue a permit for an activity de-
scribed in paragraph (1) unless the applicable lease-
holder 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 ac-
tions that may be carried out pursuant to constructing 
or operating systems or facilities for the production, trans-
portation, storage, or transmission of energy from solar 
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or wind resources on areas not subject to an existing Fed-
eral energy lease, are a category of actions that normally 
do not significantly affect the quality of the human envi-
ronment 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. 
Æ 
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