Title 43, Public LandsRelease 119-110
§3003 Increasing Economic Certainty
Title 43 › CHAPTER 48 — RENEWABLE ENERGY PRODUCTION ON FEDERAL LAND › § 3003
Summary
The Secretary can look at the total cost of acreage rents, capacity fees, and other yearly charges when reviewing fees for projects on Federal land. The Secretary may lower acreage rents or capacity fees for new or existing wind and solar permits if the fees are above market, cause economic hardship, cut interest in competitive leasing, aren’t priced like other land, or if a lower fee is needed to encourage more wind and solar use.
Full Legal Text
Title 43, §3003
Public Lands, Source: USLM XML via OLRC
(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.
Reference
Citations & Metadata
Citation
43 U.S.C. § 3003
Title 43, Public Lands
Last Updated
Sep 22, 2026
Release point: 119-110