§3008 — Title 43 Public Lands | U.S. Code

Summary

Starting January 1, 2026, money collected from wind and solar projects on certain public lands must go into the federal Treasury and then be split automatically. One-quarter (25%) goes to the State where the money came from. One-quarter (25%) goes to the counties in that State, split among those counties based on how much of the project’s land is in each county. The money includes bonus bids, rents, fees, or other payments tied to rights-of-way, permits, leases, or similar authorizations. States and counties must use the money under section 191 of title 30. County payments are in addition to payments in lieu of taxes under chapter 69 of title 31. County shares collected in a fiscal year become available the next fiscal year. Definitions: county = parish, township, borough, or similar local unit; covered land = public land run by the Secretary that is not excluded from solar or wind development; National Forest System = lands defined in 16 U.S.C. 1609(a) run by the Secretary of Agriculture and not including forest reserves not from the public domain; public land = public lands in 43 U.S.C. 1702 plus National Forest System land; renewable energy project = a wind or solar system described in 43 CFR 2801.9(a)(4) (as in effect on July 4, 2025) located on covered land; Secretary = Secretary of the Interior for Interior lands and Secretary of Agriculture for National Forest System lands.

Title 43, §3008

Public Lands — Source: USLM XML via OLRC

(a)In this section:

(1)The term “county” includes a parish, township, borough, and any other similar, independent unit of local government.

(2)The term “covered land” means land that is—

(A)public land administered by the Secretary; and

(B)not excluded from the development of solar or wind energy under—

(i)a land use plan; or

(ii)other Federal law.

(3)(A)The term “National Forest System” means land of the National Forest System (as defined in section 1609(a) of title 16) administered by the Secretary of Agriculture.

(B)The term “National Forest System” does not include any forest reserve not created from the public domain.

(4)The term “public land” means—

(A)public lands (as defined in section 1702 of this title); and

(B)National Forest System land.

(5)The term “renewable energy project” means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on July 4, 2025), located on covered land that uses wind or solar energy to generate energy.

(6)The term “Secretary” means—

(A)the Secretary of the Interior, with respect to land controlled or administered by the Secretary of the Interior; and

(B)the Secretary of Agriculture, with respect to National Forest System land.

(b)(1)Beginning on January 1, 2026, the amounts collected from a renewable energy project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization shall—

(A)be deposited in the general fund of the Treasury; and

(B)without further appropriation or fiscal year limitation, be allocated as follows:

(i)25 percent shall be paid from amounts in the general fund of the Treasury to the State within the boundaries of which the revenue is derived.

(ii)25 percent shall be paid from amounts in the general fund of the Treasury to each county in a State within the boundaries of which the revenue is derived, to be allocated among each applicable county based on the percentage of county land from which the revenue is derived.

(2)(A)Amounts paid to States and counties under paragraph (1) shall be used in accordance with the requirements of section 191 of title 30.

(B)A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31.

(C)The amounts required to be paid under paragraph (1)(B) for an applicable fiscal year shall be made available in the fiscal year that immediately follows the fiscal year for which the amounts were collected.

Editorial Notes

Codification Section was enacted as part of Pub. L. 119–21, and not as part of subtitle B of title III of div. Z of Pub. L. 116–260 which comprises this chapter.

§3008 Renewable energy revenue sharing

Summary

Title 43, §3008

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata