Sec. 80181. Renewable energy fees on Federal lands
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Under the second sentence of section 504(g) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764(g) ), 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 based on the equation described in paragraph (2). The amount of an acreage rent collected under paragraph
(1)shall be determined using the following equation: Acreage rent = A × B × ((1 + C) D )). For purposes of subparagraph (A): The letter A means the Per-Acre Rate. The letter B means the Encumbrance Factor. The letter C means the Annual Adjustment Factor. The letter D means the year in the term of the right-of-way. The 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. The Secretary shall, subject to paragraph (2), 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). The amount of a capacity fee collected under paragraph
(1)shall be equal to the greater of— an amount equal to the acreage rent described in subsection (a); and 4.58 percent of the gross proceeds from the sale of electricity produced by the renewable energy project. The holder of a right-of-way for a wind energy generation project may request that the Secretary apply a 10-percent Multiple-Use Reduction Factor to the amount of a capacity fee determined under paragraph
(2)by submitting to the Secretary an application for approval. The Secretary may approve an application submitted under subparagraph
(A)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. If 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 to the capacity fee in the following years. Under this subparagraph, the 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. The 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
(a)or the capacity fee under subsection
(b)by the date that is 15 days after the date on which the payment was due. The 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
(a)or the capacity fee under subsection
(b)by the date that is 90 days after the date on which the payment was due. The Secretary shall document, verify, and make publicly available the respective amount of wind and solar energy revenues collected under this section on the Department of the Interior’s Natural Resources Revenue Data website. Section 3103 of the Energy Act of 2020 ( 43 U.S.C. 3003 ) is repealed. In this section: The term Annual Adjustment Factor means 3 percent. The term Encumbrance Factor means— 100 percent for solar energy generation facilities; and an amount determined by the Secretary not less than 10 percent for wind energy generation facilities. The term Per-Acre Rate means the average of 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. The term project means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as such section is in effect on the date of the enactment of this Act). The term public lands means— public lands as such term is defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ); and the lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). The term renewable energy project means a project located on public lands that uses wind or solar energy to generate energy. The term right-of-way has the meaning given such term in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). The term Secretary means— the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior; or the Secretary of Agriculture with respect to the lands of the National Forest System controlled or administered by the Secretary of Agriculture.
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