{"identifier":"/us/usc/t42/s18761","title":42,"num":"\u00a7\u202f18761.","heading":"Clean energy demonstration program on current and former mine land","text":"\u00a7\u202f18761.\nClean energy demonstration program on current and former mine land\n(a)\nDefinitions\nIn this section:\n(1)\nClean energy project\nThe term \u201cclean energy project\u201d means a project that demonstrates 1 or more of the following technologies:\n(A) Solar.\n(B) Micro-grids.\n(C) Geothermal.\n(D) Direct air capture.\n(E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.\n(F) Energy storage, including pumped storage hydropower and compressed air storage.\n(G) Advanced nuclear technologies.\n(2)\nEconomically distressed area\nThe term \u201ceconomically distressed area\u201d means an area described in\nsection 3161(a) of this title\n(3)\nMine land\nThe term \u201cmine land\u201d means\u2014\n(A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (\n30 U.S.C. 1231\n30 U.S.C. 1251\n(B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the \u201cMining Law of 1872\u201d) (\n30 U.S.C. 22\n(4)\nProgram\nThe term \u201cprogram\u201d means the demonstration program established under subsection (b).\n(b)\nEstablishment\nThe Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land.\n(c)\nSelection of demonstration projects\n(1)\nIn general\nIn carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects.\n(2)\nEligibility\nTo be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.\n(3)\nPriority\nIn selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will\u2014\n(A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;\n(B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions;\n(C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;\n(D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly\u2014\n(i) in economically distressed areas; and\n(ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;\n(E) have the greatest potential for technological innovation and commercial deployment;\n(F) have the lowest levelized cost of generated or stored energy;\n(G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and\n(H) have the shortest project time from permitting to completion.\n(4)\nProject selection\nThe Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor.\n(5)\nCompatibility with existing operations\nPrior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm\u2014\n(A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and\n(B) the valid existing rights of any mining claimholders or operators.\n(d)\nConsultation\nThe Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.\n(e)\nTechnical assistance\nThe Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.\n(f)\nAuthorization of appropriations\nThere is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.","url":"https://projectusc.org/usc/t42/s18761.html","content":[{"t":"sec","id":"/us/usc/t42/s18761","children":[{"t":"num","text":"\u00a7\u202f18761."},{"t":"heading","text":"Clean energy demonstration program on current and former mine land"},{"t":"subsec","id":"/us/usc/t42/s18761/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t42/s18761/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Clean energy project"},{"t":"chapeau","text":"The term \u201cclean energy project\u201d means a project that demonstrates 1 or more of the following technologies:"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Solar.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Micro-grids.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Geothermal.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Direct air capture.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" Energy storage, including pumped storage hydropower and compressed air storage.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/1/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" Advanced nuclear technologies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Economically distressed area"},{"t":"content","children":[{"t":"p","text":"The term \u201ceconomically distressed area\u201d means an area described in ","children":[{"t":"ref","text":"section 3161(a) of this title","href":"/us/usc/t42/s3161/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Mine land"},{"t":"chapeau","text":"The term \u201cmine land\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s18761/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (","children":[{"t":"ref","text":"30 U.S.C. 1231","href":"/us/usc/t30/s1231","tail":" et seq.; "},{"t":"ref","text":"30 U.S.C. 1251","href":"/us/usc/t30/s1251","tail":" et seq.); and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the \u201cMining Law of 1872\u201d) (","children":[{"t":"ref","text":"30 U.S.C. 22","href":"/us/usc/t30/s22","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Program"},{"t":"content","children":[{"t":"p","text":"The term \u201cprogram\u201d means the demonstration program established under subsection (b).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s18761/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Establishment"},{"t":"content","children":[{"t":"p","text":"The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s18761/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Selection of demonstration projects"},{"t":"para","id":"/us/usc/t42/s18761/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Eligibility"},{"t":"content","children":[{"t":"p","text":"To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Priority"},{"t":"chapeau","text":"In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will\u2014"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" provide the greatest net impact in avoiding or reducing greenhouse gas emissions;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly\u2014"},{"t":"clause","id":"/us/usc/t42/s18761/c/3/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" in economically distressed areas; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s18761/c/3/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" have the greatest potential for technological innovation and commercial deployment;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" have the lowest levelized cost of generated or stored energy;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/3/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" have the shortest project time from permitting to completion.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Project selection"},{"t":"content","children":[{"t":"p","text":"The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s18761/c/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Compatibility with existing operations"},{"t":"chapeau","text":"Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm\u2014"},{"t":"subpara","id":"/us/usc/t42/s18761/c/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" that the proposed project is compatible with any current mining, exploration, or reclamation activities; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s18761/c/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the valid existing rights of any mining claimholders or operators.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s18761/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Consultation"},{"t":"content","children":[{"t":"p","text":"The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s18761/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Technical assistance"},{"t":"content","children":[{"t":"p","text":"The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s18761/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Authorization of appropriations"},{"t":"content","children":[{"t":"p","text":"There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}