II 119THCONGRESS 1 STSESSION S. 896 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 SENATE OF THE UNITED STATES MARCH6, 2025 Mr. C URTIS(for himself and Mr. HICKENLOOPER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Co-Location Energy 4 Act’’. 5 SEC. 2. CO-LOCATION OF RENEWABLE ENERGY PROJECTS. 6 (a) D EFINITIONS.—In this section: 7 VerDate Sep 11 2014 21:58 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S896.IS S896 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 896 IS (1) EXISTING FEDERAL ENERGY LEASE .—The 1 term ‘‘existing Federal energy lease’’ means a lease, 2 easement, or right-of-way, as applicable— 3 (A) on land managed by the Secretary; and 4 (B) that was issued, granted, or renewed 5 on or before the date of enactment of this Act 6 under— 7 (i) the Mineral Leasing Act (30 8 U.S.C. 181 et seq.); or 9 (ii) the Geothermal Steam Act of 10 1970 (30 U.S.C. 1001 et seq.). 11 (2) S ECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of the Interior. 13 (b) A UTHORIZATIONTOEVALUATELEASEDAREAS 14 FORRENEWABLEENERGYDEVELOPMENT.— 15 (1) I N GENERAL.—In addition to the authority 16 of the Secretary under section 8(p) of the Outer 17 Continental Shelf Lands Act (43 U.S.C. 1337(p)) 18 and section 501(a)(4) of the Federal Land Policy 19 and Management Act of 1976 (43 U.S.C. 20 1761(a)(4)), the Secretary may authorize a person 21 to evaluate an area of an existing Federal energy 22 lease for solar or wind energy development. 23 (2) C ONSENT OF LEASEHOLDER .—The Sec-24 retary may not authorize a person to evaluate an 25 VerDate Sep 11 2014 21:58 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S896.IS S896 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 896 IS area under paragraph (1) unless the applicable 1 leaseholder consents to that authorization. 2 (c) P ERMITS FORRENEWABLEENERGYDEVELOP-3 MENT ONEXISTINGOIL, GAS, COAL, ANDGEOTHERMAL 4 L EASEAREAS.— 5 (1) I N GENERAL.—In addition to the authority 6 of the Secretary under section 8(p) of the Outer 7 Continental Shelf Lands Act (43 U.S.C. 1337(p)) 8 and section 501(a)(4) of the Federal Land Policy 9 and Management Act of 1976 (43 U.S.C. 10 1761(a)(4)), the Secretary may issue a permit to au-11 thorize a person to construct or operate systems or 12 facilities for the production, transportation, storage, 13 or transmission of energy from solar or wind re-14 sources on an area of an existing Federal energy 15 lease. 16 (2) C ONSENT OF LEASEHOLDER .—The Sec-17 retary may not issue a permit for an activity de-18 scribed in paragraph (1) unless the applicable lease-19 holder consents to the issuance of that permit. 20 (d) C ATEGORICALEXCLUSIONS.—Not later than 180 21 days after the date of enactment of this Act, the Secretary 22 shall determine whether any of the actions for which a 23 permit may be issued under subsection (c)(1), or any ac-24 tions that may be carried out pursuant to constructing 25 VerDate Sep 11 2014 21:58 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S896.IS S896 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 896 IS or operating systems or facilities for the production, trans-1 portation, storage, or transmission of energy from solar 2 or wind resources on areas not subject to an existing Fed-3 eral energy lease, are a category of actions that normally 4 do not significantly affect the quality of the human envi-5 ronment within the meaning of section 102(2)(C) of the 6 National Environmental Policy Act of 1969 (42 U.S.C. 7 4332(2)(C)). 8 (e) R ULEMAKING.—The Secretary shall issue a rule 9 to carry out this section. 10 Æ VerDate Sep 11 2014 21:58 Mar 19, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S896.IS S896 ssavage on LAPJG3WLY3PROD with BILLS