Page 79

139 STAT. 149 PUBLIC LAW 119–21—JULY 4, 2025 (7) RENEWABLE ENERGY PROJECT.—The term ‘‘renewable energy project’’ means a project located on public land that uses wind or solar energy to generate energy. (8) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ has the meaning given the term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (9) SECRETARY.—The 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 GENERAL.—Pursuant to 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 determined by the equation described in paragraph (2). (2) CALCULATION OF ACREAGE RENT RATE.— (A) EQUATION.—The amount of an acreage rent col- lected under paragraph (1) shall be determined using the following equation: Acreage rent = A × B × ((1 + C)D)). (B) DEFINITIONS.—For 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 PRODUCTION.—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. (c) CAPACITY FEES.— (1) IN GENERAL.—The 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 FEE.—The 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) APPLICATION.—The holder of a right-of-way for a wind energy generation project may request that the Sec- retary apply a multiple-use reduction factor of 10-percent to the amount of a capacity fee determined under para- graph (2) by submitting to the Secretary an application at such time, in such manner, and containing such informa- tion as the Secretary may require. Deadlines.