43 USC 3007 - Renewable energy fees on Federal land

U.S Code last checked for updates: Aug 18, 2025

§ 3007.

Renewable energy fees on Federal land

(a)

Definitions

In this section:

(1)

Annual Adjustment Factor

(2)

Encumbrance Factor

The term “Encumbrance Factor” means—

(A)

100 percent for a solar energy generation facility; and

(B)

an amount determined by the Secretary, but not less than 10 percent for a wind energy generation facility.

(3)

National Forest System

(A)

In general

(B)

Exclusion

(4)

Per-Acre Rate

(5)

Project

(6)

Public land

The term “public land” means—

(A)

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

(B)

National Forest System land.

(7)

Renewable energy project

(8)

Right-of-way

(9)

Secretary

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)

Acreage rent for wind and solar rights-of-way

(1)

In general

(2)

Calculation of acreage rent rate

(A)

Equation

(B)

Definitions

For purposes of the equation described in subparagraph (A):

(i)

The letter “A” means the Per-Acre Rate.

(ii)

The letter “B” means the Encumbrance Factor.

(iii)

The letter “C” means the Annual Adjustment Factor.

(iv)

The letter “D” means the year in the term of the right-of-way.

(3)

Payment until production

(c)

Capacity fees

(1)

In general

(2)

Calculation of capacity fee

The amount of a capacity fee collected under paragraph (1) shall be equal to the greater of—

(A)

an amount equal to the acreage rent described in subsection (b); and

(B)

3.9 percent of the gross proceeds from the sale of electricity produced by the renewable energy project.

(3)

Multiple-use reduction factor

(A)

Application

(B)

Approval

(C)

Late determination

(i)

In general

(ii)

Refund

(d)

Late payment fee; termination

(1)

In general

(2)

Termination of right-of-way

(Pub. L. 119–21, title V, § 50302, July 4, 2025, 139 Stat. 148.)

cite as: 43 USC 3007