U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 42Chapter 162Subchapter IIIPart B
§ 18761.
Clean energy demonstration program on current and former mine land
(a)
Definitions
In this section:
(1)
Clean energy project
The term “clean energy project” means a project that demonstrates 1 or more of the following technologies:
(A)
Solar.
(B)
Micro-grids.
(C)
Geothermal.
(D)
Direct air capture.
(E)
Fossil-fueled electricity generation with carbon capture, utilization, and sequestration.
(F)
Energy storage, including pumped storage hydropower and compressed air storage.
(G)
Advanced nuclear technologies.
(2)
Economically distressed area
(3)
Mine land
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.).
(4)
Program
(b)
Establishment
(c)
Selection of demonstration projects
(1)
In general
(2)
Eligibility
(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
(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
(e)
Technical assistance
(f)
Authorization of appropriations
(Pub. L. 117–58, div. D, title III, § 40342, Nov. 15, 2021, 135 Stat. 1031.)
cite as: 42 USC 18761
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