Title 43 — Public LandsRelease 119-73not60
§3003 Increasing Economic Certainty
Title 43 › Chapter 48— RENEWABLE ENERGY PRODUCTION ON FEDERAL LAND › § 3003
Summary
The Secretary can add up yearly charges like land rent, capacity fees, and other annual fees when checking fees charged to qualifying projects that use federal land. The Secretary can cut land rents and capacity fees for current or new wind and solar permits if the fees are above market, cause financial harm, reduce interest in auctions or permits, aren’t competitive with other land, or if lowering them is needed to encourage the fullest 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 43 — Public Lands
Last Updated
Apr 5, 2026
Release point: 119-73not60