A capacity fee is the greater of the acreage rent and 3.9 percent of sales
To provide for reconciliation pursuant to title II of H. Con. Res. 14, section 50302, Sec. 50302.
Written by .
A capacity fee is the greater of the acreage rent and 3.9 percent of sales
The document says “shall”Who acts: Secretary of the Interior, Secretary of AgricultureHow: statuteSec. 50302 in the PDF
What the document says
“The amount of a capacity fee collected under paragraph (1) shall be equal to the greater of--”
The section requires the Secretary to collect a capacity fee each year from the holder of a right-of-way for a renewable energy project, equal to the greater of the acreage rent worked out under subsection (b) and 3.9 percent of the gross proceeds from the sale of electricity the project produces.
What the document actually says
“The amount of a capacity fee collected under paragraph (1) shall be equal to the greater of--”
That sentence, in plain words
The fee is the bigger of two figures. Those two figures follow below.
What this is about
One is the acreage rent worked out earlier. The other is 3.9 percent of what the power sells for. Whichever is larger is charged.
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Provide for reconciliation pursuant to title II of H. Con. Res. 14, Public Law 119-21, sec. 50302, 139 Stat. 148 (2025). https://www.govinfo.gov/content/pkg/PLAW-119publ21/html/PLAW-119publ21.htm
This page
“A capacity fee is the greater of the acreage rent and 3.9 percent of sales,” Provide for reconciliation pursuant to title II of H. Con. Res. 14, section 50302, Sec. 50302. Read the Mandate, https://readthemandate.org/pl-119-21/proposal/sec50302-capacity-fee/ (retrieved October 10, 2026).
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