Co-Location Energy Act

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

In this section:

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.).

The term Secretary means the Secretary of the Interior.

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.

The Secretary may not authorize a person to evaluate an area under paragraph (1) unless the applicable leaseholder consents to that authorization.

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.

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.

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)).

The Secretary shall issue a rule to carry out this section.