Title 43 — Public Lands
Chapter 48 — Renewable Energy Production on Federal Land
§ 3003. Increasing economic certainty
Statutory text
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.
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—
that the existing rates—
exceed fair market value;
impose economic hardships;
limit commercial interest in a competitive lease sale or right-of-way grant; or
are not competitively priced compared to other available land; or
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.
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.)