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H.R. 2301IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 5 · H.R. 2301

Increasing economic certainty

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(a) Rents and fees (1) In general In determining rental rates and other fees for renewable energy project leases or right-of-way grants, the Secretary shall ensure that the total rental rates and other fees charged do not exceed the average amount charged for similar activities on private land in the State or county in which the rental rates and other fees are charged. (2) Individual appraisals not required For purposes of determining rental rates for renewable energy projects, the Secretary— (A) shall not be required to conduct individual appraisals; and (B) may use average cash rents included in the Pastureland Rents Survey prepared by the National Agricultural Statistics Service, as determined for the 5-year period ending on the date on which the rental rate is determined. (3) Increases in base rental rates After a base rental rate is established for a lease or right-of-way grant authorization for a renewable energy project, any increase in the base rental rate shall be limited to the Implicit Price Deflator-Gross Product Index published by the Bureau of Economic Analysis of the Department of Commerce on the date of issuance of the lease or right-of way grant authorization. (4) Capacity fees The Secretary may consider charging a capacity fee for a renewable energy project only if the Secretary determines that capacity fees are charged within the region or State in which the renewable energy project is carried out, as part of leaseholds on State or private land. (b) Bonds The Secretary shall adopt a process for establishing bond requirements for decommissioning renewable energy projects that— (1) do not establish a minimum per acre amount; and (2) are based on the difference between— (A) the estimated, site-specific net costs of reclamation of the covered land; and (B) the salvage value of materials available after decommissioning the renewable energy project.

Sec. 5: Increasing economic certainty · Public Law Tracker