§ 3003. Increasing economic certainty

• (a) The 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) The 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.