This part sets new fees on wind and solar projects on federal land. A yearly acreage rent is charged until power starts flowing. After that a capacity fee applies, at least 3.9 percent of sales. Wind projects sharing the land may get a small cut. Late payment can end the right to use the land.
“The term "Encumbrance Factor" means-- (A) 100 percent for a solar energy generation facility; and”
The section sets the Encumbrance Factor at 100 percent for a solar energy generation facility and at an amount the Secretary determines, but not less than 10 percent, for a wind energy generation facility. It also fixes the Annual Adjustment Factor at 3 percent.
What the document actually says
“The term "Encumbrance Factor" means-- (A) 100 percent for a solar energy generation facility; and”
That sentence, in plain words
The term covers two kinds of plant. For a solar plant the figure is 100 percent.
What this is about
For a wind plant the Secretary sets it. It may not fall below 10 percent. The figure feeds into the rent formula.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
“The 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”
The section defines the Per-Acre Rate as the average of the per acre pastureland rental rates published in the Cash Rents Survey by the National Agricultural Statistics Service for the State where the right-of-way is, over the five calendar years before the right-of-way is issued or renewed. Public land covers both public lands as defined in the Federal Land Policy and Management Act of 1976 and National Forest System land, and a renewable energy project is a project on public land using wind or solar to make energy.
What the document actually says
“The 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”
That sentence, in plain words
The rate is drawn from a farm rent survey. It uses what pastureland rents for by the acre.
What this is about
The figure is the state average. It is taken over the five years before the permit. That rate feeds into the rent formula.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Secretary of the Interior, Secretary of AgricultureHow: statuteSec. 50302 in the PDF
What the document says
“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).”
The section requires the Secretary, under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), to collect an acreage rent from the holder of a right-of-way for a renewable energy project by January 1 each year. The amount is set by an equation multiplying the Per-Acre Rate by the Encumbrance Factor and by one plus the Annual Adjustment Factor raised to the power of the year in the term of the right-of-way.
What the document actually says
“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).”
That sentence, in plain words
The Secretary must collect a yearly rent on the acres used. It is due by January 1 each year. A formula sets the amount.
What this is about
The formula takes the local land rate. It scales that by how much of the land is taken up. It then grows the figure by 3 percent a year.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: holders of rights-of-way for renewable energy projectsHow: statuteSec. 50302 in the PDF
What the document says
“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 section requires the holder of a right-of-way to pay the acreage rent until the day energy generation begins.
What the document actually says
“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.”
That sentence, in plain words
The holder must pay the acreage rent. That lasts until the project starts making power.
What this is about
After that a different charge takes over. That charge is the capacity fee. It is set out in the next part of the section.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
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.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “can”Who acts: Secretary of the Interior, Secretary of AgricultureHow: statuteSec. 50302 in the PDF
What the document says
“The 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”
The section lets the holder of a right-of-way for a wind energy generation project apply for a multiple-use reduction factor of 10 percent on the capacity fee, in the form, time and detail the Secretary requires. The Secretary may approve only where at least 25 percent of the land in the right-of-way is authorized for a use other than wind generation for the whole year the fee is collected. Where approval comes after the holder has started paying, the reduction applies from the first year after approval and each year the right-of-way lasts, and the Secretary may not refund the difference for an earlier year.
What the document actually says
“The 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”
That sentence, in plain words
The Secretary may only say yes on one condition. At least a quarter of the land must be open to another use. That must hold for the whole year.
What this is about
The cut is 10 percent of the capacity fee. It applies only to wind projects. A late approval does not win back money already paid.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “can”Who acts: Secretary of the Interior, Secretary of AgricultureHow: statuteSec. 50302 in the PDF
What the document says
“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 (b) or the capacity fee under subsection (c) by the date that is 90 days after the date on which the payment was due.”
The section lets the Secretary charge a late payment fee where the acreage rent or the capacity fee is not received within 15 days of its due date, and lets the Secretary end the right-of-way where payment is not received within 90 days of that date.
What the document actually says
“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 (b) or the capacity fee under subsection (c) by the date that is 90 days after the date on which the payment was due.”
That sentence, in plain words
The Secretary may end the right to use the land. That can happen if payment is 90 days late. It covers both the acreage rent and the capacity fee.
What this is about
A late fee can be charged at 15 days. Ending the right-of-way is a choice, not a duty. Both charges are treated the same way.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Each distinct thing the section does: the definitions that feed the fee formula, the acreage rent and when it is paid, the capacity fee and how it is worked out, the multiple-use reduction factor for wind projects and its conditions, and the late payment fee and termination.
The formula itself is set out as an equation in the source and is described rather than quoted. The definitions of a project, public land, a right-of-way and the Secretary are carried in summaries.
The fees are collected under section 504(g) of the Federal Land Policy and Management Act of 1976, and several terms come from that Act and from the Code of Federal Regulations, none of which is indexed here.
