Title 43Public LandsRelease 119-73

§3003 Increasing economic certainty

Title 43 › Chapter CHAPTER 48— - RENEWABLE ENERGY PRODUCTION ON FEDERAL LAND › § 3003

Last updated Apr 6, 2026|Official source

Summary

The Secretary can look at all yearly fees together — like acreage rent, capacity charges, and other annual fees — when checking the rates that qualifying projects pay to use Federal land. The Secretary can lower acreage rents and capacity charges, or both, for existing and new wind and solar permits if the Secretary finds the current rates are too high for the market, cause economic hardship, discourage businesses from competing for leases or rights-of-way, are not priced competitively with other available land, or if lowering the fees is needed to encourage the most use of wind and solar resources.

Full Legal Text

Title 43, §3003

Public Lands — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 3003

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73