USC Chapter 48

USC Chapter 48
in effect

43 U.S.C. § 3001 Definitions

In 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 projectThe term “eligible project” means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy. (5) SecretaryThe term “Secretary” means the Secretary of the Interior.

43 U.S.C. § 3002 Program to improve eligible project permit coordination

(a) EstablishmentThe Secretary shall establish a national Renewable Energy Coordination Office and State, district, or field offices, as appropriate, with responsibility to establish and implement a program to improve Federal permit coordination with respect to eligible projects on covered land and such other activities as the Secretary determines necessary. In carrying out the program, the Secretary may temporarily assign qualified staff to Renewable Energy Coordination Offices to expedite the permitting of eligible projects. (b) Memorandum of understanding(1) In generalNot 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 (C) the Secretary of Defense. (2) State and tribal participationThe Secretary may request the Governor of any interested State or any Tribal leader of any interested Indian Tribe (as defined in section 5304 of title 25) to be a signatory to the memorandum of understanding under paragraph (1). (c) Designation of qualified staff(1) In generalNot 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; (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (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) DutiesEach 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 personnelThe Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Transfer of fundsTo 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 generalNot later than February 1 of the first fiscal year beginning after December 27, 2020, and each February 1 thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the program established under subsection (a) during the preceding year. (2) InclusionsEach 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.

43 U.S.C. § 3003 Increasing economic certainty

(a) ConsiderationsThe 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 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; (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.

43 U.S.C. § 3004 National goal for renewable energy production on Federal land

(a) In generalNot later than September 1, 2022, the Secretary shall, in consultation with the Secretary of Agriculture and other heads of relevant Federal agencies, establish national goals for renewable energy production on Federal land. (b) Minimum production goalThe Secretary shall seek to issue permits that, in total, authorize production of not less than 25 gigawatts of electricity from wind, solar, and geothermal energy projects by not later than 2025, through management of public lands and administration of Federal laws.

43 U.S.C. § 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.

43 U.S.C. § 3006 Ensuring energy security

(a) DefinitionsIn this section:(1) Federal landThe term “Federal land” means public lands (as defined in section 1702 of this title). (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. (c) SavingsExcept as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law.

43 U.S.C. § 3007 Renewable energy fees on Federal land

(a) DefinitionsIn this section:(1) Annual Adjustment FactorThe term “Annual Adjustment Factor” means 3 percent. (2) Encumbrance FactorThe 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 generalThe 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) ExclusionThe term “National Forest System” does not include any forest reserve not created from the public domain. (4) Per-Acre RateThe term “Per-Acre Rate”, with respect to a right-of-way, means the average of the per-acre pastureland rental rates published in the Cash Rents Survey by the National Agricultural Statistics Service for the State in which the right-of-way is located over the 5 calendar-year period preceding the issuance or renewal of the right-of-way. (5) ProjectThe term “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). (6) Public landThe term “public land” means—(A) public lands (as defined in section 1702 of this title); and (B) National Forest System land. (7) Renewable energy projectThe term “renewable energy project” means a project located on public land that uses wind or solar energy to generate energy. (8) Right-of-wayThe term “right-of-way” has the meaning given the term in section 1702 of this title. (9) 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) Acreage rent for wind and solar rights-of-way(1) In generalPursuant to section 1764(g) of this title, the Secretary shall, subject to paragraph (3) and not later than January 1 of each calendar year, collect from the holder of a right-of-way for a renewable energy project an acreage rent in an amount determined by the equation described in paragraph (2). (2) Calculation of acreage rent rate(A) EquationThe amount of an acreage rent collected under paragraph (1) shall be determined using the following equation: Acreage rent = A × B × ((1 + C)D)). (B) DefinitionsFor 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 productionThe holder of a right-of-way for a renewable energy project shall pay an acreage rent collected under paragraph (1) until the date on which energy generation begins. (c) Capacity fees(1) In generalThe Secretary shall, subject to paragraph (3), annually collect a capacity fee from the holder of a right-of-way for a renewable energy project based on the amount described in paragraph (2). (2) Calculation of capacity feeThe 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) ApplicationThe holder of a right-of-way for a wind energy generation project may request that the Secretary apply a multiple-use reduction factor of 10-percent to the amount of a capacity fee determined under paragraph (2) by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) ApprovalThe Secretary may approve an application submitted under subparagraph (A) only if not less than 25 percent of the land within the area of the right-of-way is authorized for use, occupancy, or development with respect to an activity other than the generation of wind energy for the entirety of the year in which the capacity fee is collected. (C) Late determination(i) In generalIf the Secretary approves an application under subparagraph (B) for a wind energy generation project after the date on which the holder of the right-of-way for the project begins paying a capacity fee, the Secretary shall apply the multiple-use reduction factor described in subparagraph (A) to the capacity fee for the first year beginning after the date of approval and each year thereafter for the period during which the right-of-way remains in effect. (ii) RefundThe Secretary may not refund the holder of a right-of-way for the difference in the amount of a capacity fee paid in a previous year. (d) Late payment fee; termination(1) In generalThe Secretary may charge the holder of a right-of-way for a renewable energy project a late payment fee if the Secretary does not receive payment for the acreage rent under subsection (b) or the capacity fee under subsection (c) by the date that is 15 days after the date on which the payment was due. (2) Termination of right-of-wayThe Secretary may terminate a right-of-way for a renewable energy project if the Secretary does not receive payment for the acreage rent under subsection (b) or the capacity fee under subsection (c) by the date that is 90 days after the date on which the payment was due.

43 U.S.C. § 3008 Renewable energy revenue sharing

(a) DefinitionsIn this section:(1) CountyThe term “county” includes a parish, township, borough, and any other similar, independent unit of local government. (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 generalThe 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) ExclusionThe term “National Forest System” does not include any forest reserve not created from the public domain. (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 projectThe 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) 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 generalAmounts paid to States and counties under paragraph (1) shall be used in accordance with the requirements of section 191 of title 30. (B) Payments in lieu of taxesA 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) TimingThe 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.

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