42 U.S.C. § 18761: Clean energy demonstration…

Summary

The Secretary must set up a program to test clean energy projects on current and former mine land to see if the projects work technically and can make money. Clean energy projects include solar, micro-grids, geothermal, direct air capture, fossil-fueled power with carbon capture, energy storage (like pumped storage hydropower and compressed air), and advanced nuclear. Economically distressed area, mine land, and program are defined in the law (mine land covers lands under the Surface Mining Control and Reclamation Act titles IV and V and lands under the Mining Law of 1872). The program will pick no more than 5 projects in different regions, and at least 2 must be solar. Projects must show a reasonable chance of commercial success on mine land. The Secretary will favor projects that create the most jobs, reduce greenhouse gases the most, boost domestic and local job growth (especially in distressed areas and for workers who lost manufacturing or coal jobs), spur innovation and wider use, have low energy cost and low emissions per unit, and finish fastest from permitting to completion. The Secretary will ask for proposals and work with the Departments of the Interior and Labor and the Environmental Protection Agency. Before choosing a project, the Secretary will check with mining claim holders or the Office of Surface Mining to make sure the project fits current mining or reclamation work and respects existing rights. The Secretary will also consult with the Office of Surface Mining and EPA’s Brownfields office about whether new rules or guidance are needed to speed siting. Selected applicants will get technical help on grid connection, transmission needs, permitting, and siting. Up to $500,000,000 is authorized for fiscal years 2022 through 2026.

Title 42, §18761

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Clean energy project

(2)Economically distressed area

The term “economically distressed area” means an area described in section 3161(a) of this title.

(3)Mine land (4) Program

The term “mine land” means—

(A)land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and

(B)land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.).

(b)Establishment

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.

(c)Selection of demonstration projects

(1)In general

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.

(2)Eligibility

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.

(3)Priority

In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will—

(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;

(B)provide the greatest net impact in avoiding or reducing greenhouse gas emissions;

(C)provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project;

(D)provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly—

(i)in economically distressed areas; and

(ii)with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining;

(E)have the greatest potential for technological innovation and commercial deployment;

(F)have the lowest levelized cost of generated or stored energy;

(G)have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and

(H)have the shortest project time from permitting to completion.

(4)Project selection

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.

(5)Compatibility with existing operations

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—

(A)that the proposed project is compatible with any current mining, exploration, or reclamation activities; and

(B)the valid existing rights of any mining claimholders or operators.

(d)Consultation

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.

(e)Technical assistance

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.

(f)Authorization of appropriations

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (a)(3)(A), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445. Titles IV and V of the Act are classsified to subchapters IV (§ 1231 et seq.) and V (§ 1251 et seq.), respectively, of Chapter 25 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 1201 of Title 30 and Tables. The Mining Law of 1872, referred to in subsec. (a)(3)(B), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

§18761 Clean Energy Demonstration Program on Current and Former Mine Land