Co-Location Energy Act
- Bill Number
- H.R. 5639
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Energy
- Status
- Introduced
- Latest Action
- 2026-03-25: Subcommittee Hearings Held
- Last Updated
- 2026-03-31T18:04:13Z
AI-Generated Summary
Purpose of the Legislation
The "Co-Location Energy Act" (H.R. 5639) aims to promote renewable energy development by allowing solar and wind projects to be built alongside existing fossil fuel and geothermal operations on federal lands. It expands the authority of the Secretary of the Interior to evaluate and permit such co-located projects, with the consent of current leaseholders, to encourage a transition to cleaner energy sources without requiring new land leases.
Key Provisions
- Definitions:
- "Existing Federal energy lease" refers to any lease, easement, or right-of-way on lands managed by the Secretary of the Interior that was issued, granted, or renewed before the bill's enactment under the Mineral Leasing Act (governing oil, gas, and coal extraction) or the Geothermal Steam Act of 1970 (governing geothermal energy production).
- "Secretary" means the Secretary of the Interior, who oversees federal land management.
- Evaluation of Leased Areas:
- The Secretary can authorize individuals or companies to assess areas within existing leases for potential solar or wind energy development.
- This requires the consent of the current leaseholder (e.g., an oil or gas company).
- Permits for Renewable Energy Development:
- The Secretary can issue permits for constructing or operating solar or wind energy systems, including production, transportation, storage, or transmission facilities, on existing lease areas.
- Leaseholder consent is mandatory for any permit issuance.
- Environmental Review Simplification:
- Within 180 days of enactment, the Secretary must determine if certain permit actions (or similar activities on non-leased federal lands) qualify as "categorical exclusions" under the National Environmental Policy Act (NEPA). These are predefined categories of low-impact activities that do not require full environmental impact statements, as they "normally do not significantly affect the quality of the human environment."
- Implementation:
- The Secretary must issue regulations to implement the bill's provisions.
Significant Changes to Existing Law
- Builds on but expands existing authorities under the Outer Continental Shelf Lands Act (for offshore areas) and the Federal Land Policy and Management Act of 1976 (FLPMA, which governs onshore federal land use, including rights-of-way for energy infrastructure).
- Introduces new onshore-specific permissions for co-locating renewables on active oil, gas, coal, and geothermal leases, which were not explicitly allowed before. Previously, such developments might have required separate leasing processes or faced restrictions on overlapping uses.
- Adds potential NEPA categorical exclusions tailored to solar and wind co-location, potentially streamlining approvals compared to the more rigorous reviews required under current law.
Potential Impacts
- On Government Agencies: The Department of the Interior gains expanded flexibility to manage federal lands for dual energy uses, but must complete rulemaking and NEPA determinations within tight timelines (180 days), which could strain resources. This may reduce administrative burdens from lengthy environmental reviews for qualifying projects.
- On Citizens: Could accelerate access to renewable energy, potentially lowering energy costs and reducing reliance on fossil fuels, benefiting communities near federal lands through job creation in renewables. However, it might raise concerns about land use conflicts or environmental risks if co-location leads to unintended impacts.
- On International Relations: Minimal direct impact, though increased U.S. renewable energy production could enhance energy independence and support global climate goals, indirectly strengthening U.S. positions in international environmental agreements.
Main Stakeholders Affected
- Federal Government: Primarily the Department of the Interior, responsible for implementation, evaluations, permitting, and rulemaking.
- Energy Industry: Current leaseholders (oil, gas, coal, and geothermal companies) who must consent to projects but could benefit from diversified revenue streams; renewable energy developers (solar and wind firms) gaining easier access to federal lands.
- Environmental and Public Interest Groups: Those advocating for clean energy transitions may support it for emission reductions, while conservationists could oppose if it risks habitat disruption on leased lands.
- Local Communities and Tribes: Residents or tribal nations near federal lands may experience economic opportunities or changes in land use affecting traditional activities.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces federal authority over public lands under the Property Clause of the U.S. Constitution (Article IV, Section 3), which allows Congress to regulate federal territories. The consent requirement protects private leaseholder rights, reducing potential takings claims (where government action deprives property value without compensation). NEPA categorical exclusions could face legal challenges if deemed insufficiently justified, as courts scrutinize environmental shortcuts.
- Constitutional: No major conflicts, but it balances property interests (leaseholders) with public welfare (renewable energy promotion), aligning with the government's trust responsibility for natural resources.
- Political: Promotes bipartisan energy innovation by bridging fossil fuel and renewable sectors, potentially appealing to pro-energy independence lawmakers. It signals a policy shift toward integrating clean energy into existing infrastructure, which could influence future debates on federal land use amid climate change pressures, without mandating divestment from traditional energy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Levin, Mike [D-CA-49], Rep. Lee, Susie [D-NV-3]
Recent Actions
- 2026-03-25: Subcommittee Hearings Held
- 2026-03-18: Referred to the Subcommittee on Energy and Mineral Resources.
- 2025-09-30: Referred to the House Committee on Natural Resources.
- 2025-09-30: Introduced in House
- 2025-09-30: Introduced in House
Bill Versions
- Co-Location Energy Act — issued 2025-09-30 — PDF (4 pages)