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Title 43 — Public Lands

Chapter 48 — Renewable Energy Production on Federal Land

§ 3003. Increasing economic certainty

Statutory text

(a)

Considerations

The Secretary may consider acreage rental rates, capacity fees, and other recurring annual fees in total when evaluating existing rates paid for the use of Federal land by eligible projects.

(b)

Reductions in base rental rates

The Secretary may reduce acreage rental rates and capacity fees, or both, for existing and new wind and solar authorizations if the Secretary determines—

(1)

that the existing rates—

(A)

exceed fair market value;

(B)

impose economic hardships;

(C)

limit commercial interest in a competitive lease sale or right-of-way grant; or

(D)

are not competitively priced compared to other available land; or

(2)

that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Act of 2020

    Pub. L. 116–260 div. Z title III § 3103 · 134 Stat. 1182

    Enacted · 43 U.S.C. § 3003

    (Pub. L. 116–260, div. Z, title III, § 3103, Dec. 27, 2020, 134 Stat. 2516.)

    Source evidence

    Code source credit
    (Pub. L. 116–260, div. Z, title III, § 3103, Dec. 27, 2020, 134 Stat. 2516.)

    Enacted provision · exact public law section
    SEC. 3103. INCREASING ECONOMIC CERTAINTY. (a) Considerations.— The Secretary may consider acreage rental rates, capacity fees, and other recurring annual fees in total when evaluating existing rates paid for the use of Federal land by eligible projects. (b) Reductions in Base Rental Rates.— The Secretary may reduce acreage rental rates and capacity fees, or both, for existing and new wind and solar authorizations if the Secretary determines— (1) that the existing rates— (A) exceed fair market value; (B) impose economic hardships; (C) limit commercial interest in a competitive lease sale or right-of-way grant; or (D) are not competitively priced compared to other available land; or (2) that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 116–260, div. Z, title III, § 3103, , 134 Stat. 2516.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s3003