43 USC 3007 - Renewable energy fees on Federal land

Collapse to view only § 3007. Renewable energy fees on Federal land

§ 3001. Definitions
§ 3002. Program to improve eligible project permit coordination
§ 3003. Increasing economic certainty
§ 3004. National goal for renewable energy production on Federal land
§ 3005. Savings clause
§ 3006. Ensuring energy security
§ 3007. Renewable energy fees on Federal land
§ 3008. Renewable energy revenue sharing

§ 3001. DefinitionsIn this chapter:

(1) Covered landThe term “covered land” means land that is—

(A) Federal lands administered by the Secretary concerned; and

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

(i) a land use plan; or

(ii) other Federal law.

(2) Federal landThe term “Federal land” means—

(A) public land as defined by section 103 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1702); or

(B) land of the National Forest System (as defined in section 1609(a) of title 16).

(3) Land use planThe term “land use plan” means—

(A) for public land, a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(B) for National Forest System land, a land management plan approved, amended, or revised under section 1604 of title 16.

(4) Eligible project

(5) Secretary

(Pub. L. 116–260, div. Z, title III, § 3101, Dec. 27, 2020, 134 Stat. 2513.)

§ 3002. Program to improve eligible project permit coordination

(a) Establishment

(b) Memorandum of understanding

(1) In general

Not later than 180 days after December 27, 2020, the Secretary shall enter into a memorandum of understanding for purposes of this section with—

(A) the Secretary of Agriculture;

(B) the Administrator of the Environmental Protection Agency; and

(2) State and tribal participation

(1) In general

Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices one or more employees who have expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in—

(A) consultation regarding, and preparation of, biological opinions under section 1536 of title 16;

(B) permits under section 1344 of title 33;

(D) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

(F) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(G) implementation of the requirements of section 306108 of title 54 (formerly known as section 106 of the National Historic Preservation Act);

(H) planning under section 472a of title 16;

(I) developing geothermal resources under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(J) the Act of June 8, 1940 (16 U.S.C. 668 et seq., popularly known as the Bald and Golden Eagle Protection Act); and

(K) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54 (previously known as the National Park Service Organic Act).

(2) Duties

Each employee assigned under paragraph (1) shall—

(A) be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and

(B) participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses.

(d) Additional personnel

(e) Transfer of funds

To facilitate the coordination and processing of eligible project permits on Federal land under the Renewable Energy Coordination Offices, the Secretary may authorize the expenditure or transfer of any funds that are necessary to—

(1) the United States Fish and Wildlife Service;

(2) the Bureau of Indian Affairs;

(3) the Forest Service;

(4) the Corps of Engineers;

(5) the National Park Service;

(6) the Environmental Protection Agency; or

(7) the Department of Defense.

(f) Report to Congress

(1) In general

(2) Inclusions

Each report under this subsection shall include—

(A) projections for renewable energy production and capacity installations; and

(B) a description of any problems relating to leasing, permitting, siting, or production.

(Pub. L. 116–260, div. Z, title III, § 3102, Dec. 27, 2020, 134 Stat. 2514.)

§ 3003. Increasing economic certainty

(a) Considerations

(b) Reductions in base rental ratesThe 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;

(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.

(Pub. L. 116–260, div. Z, title III, § 3103, Dec. 27, 2020, 134 Stat. 2516.)

§ 3004. National goal for renewable energy production on Federal land

(a) In general

(b) Minimum production goal

(Pub. L. 116–260, div. Z, title III, § 3104, Dec. 27, 2020, 134 Stat. 2516.)

§ 3005. Savings clause

Notwithstanding any other provision of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively, including for due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

(Pub. L. 116–260, div. Z, title III, § 3106, Dec. 27, 2020, 134 Stat. 2517.)

§ 3006. Ensuring energy security

(a) DefinitionsIn this section:

(1) Federal land

(2) Offshore lease saleThe term “offshore lease sale” means an oil and gas lease sale—

(A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and

(B) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease.

(3) Onshore lease saleThe term “onshore lease sale” means a quarterly oil and gas lease sale—

(A) that is held by the Secretary in accordance with section 226 of title 30; and

(B) that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease.

(b) Limitation on issuance of certain leases or rights-of-wayDuring the 10-year period beginning on August 16, 2022—

(1) the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless—

(A) an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and

(B) the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of—

(i) 2,000,000 acres; and

(ii) 50 percent of the acreage for which expressions of interest have been submitted for lease sales during that period; and

(2) the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless—

(A) an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and

(B) the sum total of acres offered for lease in offshore lease sales during the 1-year period ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres.

(Pub. L. 117–169, title V, § 50265, Aug. 16, 2022, 136 Stat. 2060.)

§ 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

(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

(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.)

§ 3008. Renewable energy revenue sharing

(a) DefinitionsIn this section:

(1) County

(2) Covered landThe 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) National Forest System

(A) In general

(B) Exclusion

(4) Public landThe term “public land” means—

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

(B) National Forest System land.

(5) Renewable energy project

(6) SecretaryThe 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) Disposition of revenue

(1) Disposition of revenuesBeginning 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) Payments to states and counties

(A) In general

(B) Payments in lieu of taxes

(Pub. L. 119–21, title V, § 50303, July 4, 2025, 139 Stat. 150.)