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42 U.S.C. § 18771 — Clean energy demonstration program on current and former mine land
Federal law — U.S. Code and appendices · legal_authorities
**(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** — The term “economically distressed area” means an area described in [section 3161(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3161/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1231&num=0&edition=prelim) et seq.; [30 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1251&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section22&num=0&edition=prelim) et seq.).
(4) **Program** — The term “program” means the demonstration program established under subsection (b).
**(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, t
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Source file: Laws/federal/codes/united-states-code/title-42/section-18771-clean-energy-demonstration-program-on-current-and-former-mine-land--fcce08dc45.md
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Source location: Title 42, Chapter 162, § 18771; chapter-162-energy-infrastructure.md
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**(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** — The term “economically distressed area” means an area described in [section 3161(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3161/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1231&num=0&edition=prelim) et seq.; [30 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1251&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section22&num=0&edition=prelim) et seq.).
(4) **Program** — The term “program” means the demonstration program established under subsection (b).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Additional services** — The term “additional services” means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility.
(2) **Waste heat to power system** — The term “waste heat to power system” means a system that generates electricity through the recovery of waste energy.
(3) **Other terms**
(A) *Purpa* — The terms “electric consumer”, “electric utility”, “interconnection service”, “nonregulated electric utility”, and “State regulatory authority” have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ([16 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2601&num=0&edition=prelim) et seq.), within the meaning of title I of that Act ([16 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2611&num=0&edition=prelim) et seq.).
(B) *EPCA* — The terms “combined heat and power system” and “waste energy” have the meanings given those terms in [section 6341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6341&num=0&edition=prelim).
**(b) Review**
(1) **In general** — Not later than 180 days after November 15, 2021, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18851
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 22
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
**(a)** extraction of coal and other minerals from the earth can be accomplished by various methods of mining, including surface mining;
**(b)** coal mining operations presently contribute significantly to the Nation’s energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of the Nation’s coal reserves can only be extracted by underground mining methods, and it is, therefore, essential to the national interest to insure the existence of an expanding and economically healthy underground coal mining industry;
**(c)** many surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources;
**(d)** the expansion of coal mining to meet the Nation’s energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public.11 So in original. The period probably should be a semicolon.
**(e)** surface mining and reclamation technology are now developed so that effective and reasonable regulation of surface coal mining operations by the States a
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; administration; State funds** There is created on the books of the Treasury of the United States a trust fund to be known as the Abandoned Mine Reclamation Fund (hereinafter referred to as the “fund”) which shall be administered by the Secretary of the Interior. State abandoned mine reclamation funds (State funds) generated by grants from this subchapter shall be established by each State pursuant to an approved State program.
**(b) Sources of deposits to fund** The fund shall consist of amounts deposited in the fund, from time to time derived from—
(1) the reclamation fees levied under [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1232&num=0&edition=prelim);
(2) any user charge imposed on or for land reclaimed pursuant to this subchapter after expenditures for maintenance have been deducted;
(3) donations by persons, corporations, associations, and foundations for the purposes of this subchapter;
(4) recovered moneys as provided for in this subchapter; and
(5) interest credited to the fund under subsection (e).
**(c) Use of moneys** Moneys in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources adversely affected by past coal mining, including but not limited to reclamation and restoration of abandoned surface mine areas, abandoned coal processing areas, and abandoned coal refuse disposal areas; sealing and filling abandoned deep mine entries and voids; planting of land adversely affected by past coal mining to prevent erosion and sedimentation; prevention, abatement, treatment, and control of water pollution created by coal mine drainage including restoration of stream beds, and construction and operation of water treatment pl
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1231
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Not later than the end of the ninety-day period immediately following August 3, 1977, the Secretary shall promulgate and publish in the Federal Register regulations covering an interim regulatory procedure for surface coal mining and reclamation operations setting mining and reclamation performance standards based on and incorporating the provisions set out in [section 1252(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252/c&num=0&edition=prelim). The issuance of the interim regulations shall be deemed not to be a major Federal action within the meaning of section 4332(2)(c) 11 So in original. Probably should be “4332(2)(C)”. of title 42. Such regulations, which shall be concise and written in plain, understandable language shall not be promulgated and published by the Secretary until he has—
(A) published proposed regulations in the Federal Register and afforded interested persons and State and local governments a period of not less than thirty days after such publication to submit written comments thereon;
(B) obtained the written concurrence of the Administrator of the Environmental Protection Agency with respect to those regulations promulgated under this section which relate to air or water quality standards promulgated under the authority of the Federal Water Pollution Control Act, as amended [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.]; and the Clean Air Act, as amended [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.]; and
(C) held at least one public hearing on the proposed regulations.
The date, time, and place of any hearing held on the p
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
Page 238
TITLE 30—MINERAL LANDS AND MINING
§ 1231
refining processes, product substitution and
conservation of mineral resources through re-
cycling and advanced processing and fabrica-
tion methods;
(2) identify new deposits of strategic and
critical mineral resources; and
(3) facilitate the transfer of information,
studies, and technologies developed by the
center to the private sector.
(c) Criteria
The Secretary shall establish the center re-
ferred to in subsection (a) at a university that—
(1) does not currently host a generic mineral
technology center;
(2) has established advanced degree pro-
grams in geology and geological engineering,
and metallurgical and mining engineering;
(3) has expertise in materials and advanced
processing research; and
(4) is located west of the 100th meridian.
(d) Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this sec-
tion.
(Pub. L. 98–409, § 12, as added Pub. L. 101–498, § 2,
Nov. 2, 1990, 104 Stat. 1207.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Mining and Min-
eral Resources Research Institute Act of 1984, and not
as part of the Surface Mining Control and Reclamation
Act of 1977 which comprises this chapter.
SUBCHAPTER IV—ABANDONED MINE
RECLAMATIONS
§ 1231. Abandoned Mine Reclamation Fund
(a) Establishment; administration; State funds
There is created on the books of the Treasury
of the United States a trust fund to be known as
the Abandoned Mine Reclamation Fund (herein-
after referred to as the ‘‘fund’’) which shall be
administered by the Secretary of the Interior.
State abandoned mine reclamation funds (State
funds) generated by grants from this subchapter
shall be established by each State pursuant to
an a
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1231
Stored review status: historical_2024_not_currentness_verified. The source passage cites 30 U.S.C. § 1231. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 272
TITLE 30—MINERAL LANDS AND MINING
§ 1251
1 So in original. Probably should be ‘‘4332(2)(C)’’.
Federal land under the jurisdiction of that Federal
land management agency under a Good Samaritan
permit; and
‘‘(2) the Environmental Protection Agency.
‘‘(b) DEPOSITS.—Each Fund shall consist of—
‘‘(1) amounts provided in appropriation Acts;
‘‘(2) any proceeds from reprocessing deposited under
section 4(f)(4)(B)(iv);
‘‘(3) any financial assurance funds collected from an
agreement described in section 4(m)(1)(A)(vi)(V)(bb);
‘‘(4) any funds collected for long-term operations
and maintenance under an agreement under section
4(r)(5); and
‘‘(5) any amounts donated to the Fund by any per-
son.
‘‘(c) UNUSED FUNDS.—Amounts in each Fund not cur-
rently needed to carry out this Act shall be maintained
as readily available or on deposit.
‘‘(d) RETAIN AND USE AUTHORITY.—The Administrator
and each head of a Federal land management agency,
as appropriate, may, notwithstanding any other provi-
sion of law, retain and use money deposited in the ap-
plicable Fund without fiscal year limitation for the
purpose of carrying out this Act.
‘‘SEC. 6. REPORT TO CONGRESS.
‘‘(a) IN GENERAL.—Not later than 8 years after the
date of enactment of this Act [Dec. 17, 2024], the Ad-
ministrator, in consultation with the heads of Federal
land management agencies, shall submit to the Com-
mittee on Environment and Public Works of the Senate
and the Committees on Transportation and Infrastruc-
ture, Energy and Commerce, and Natural Resources of
the House of Representatives a report evaluating the
Good Samaritan pilot program under this Act.
‘‘(b) INCLUSIONS.—The report under subsection (a)
shall include—
‘‘(1) a description of—
‘‘(A) the number, types, and objectives of Good
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1251
Stored review status: historical_2024_not_currentness_verified. The source passage cites 30 U.S.C. § 1251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8
TITLE 30—MINERAL LANDS AND MINING
§ 21
Sec.
43.
Conditions of sale by local legislature.
44, 45.
Omitted.
46.
Additional land districts and officers.
47.
Impairment of rights or interests in certain
mining property.
48.
Lands in Michigan, Wisconsin, and Min-
nesota; sale and disposal as public lands.
49.
Lands in Missouri and Kansas; disposal as ag-
ricultural lands.
49a.
Mining laws of United States extended to
Alaska; exploration and mining for precious
metals; regulations; conflict of laws; per-
mits; dumping tailings; pumping from sea;
reservation of roadway; title to land below
line of high tide or high-water mark; trans-
fer of title to future State.
49b.
Mining laws relating to placer claims ex-
tended to Alaska.
49c.
Recording notices of location of Alaskan min-
ing claims.
49d.
Miners’ regulations for recording notices in
Alaska; certain records legalized.
49e.
Annual labor or improvements on Alaskan
mining claims; affidavits; burden of proof;
forfeitures; location anew of claims; per-
jury.
49f.
Fees of recorders in Alaska for filing proofs of
work and improvements.
50.
Grants to States or corporations not to in-
clude mineral lands.
51.
Water users’ vested and accrued rights; enu-
meration of uses; protection of interest;
rights-of-way for canals and ditches; liabil-
ity for injury or damage to settlers’ posses-
sion.
52.
Patents or homesteads subject to vested and
accrued water rights.
53.
Possessory actions for recovery of mining ti-
tles or for damages to such title.
54.
Liability for damages to stock raising and
homestead entries by mining activities.
§ 21. Mineral lands reserved
In all cases lands valuable for minerals shall
be reserved from sale, except as otherwise ex-
pressly directed by law.
(R
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 22
Stored review status: historical_2024_not_currentness_verified. The source passage cites 30 U.S.C. § 22. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 9228
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 18771
project finalists in consultation with the Sec-
retary 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 appli-
cable, mining claimholders or operators or the
relevant Office of Surface Mining Reclamation
and Enforcement Abandoned Mine Land pro-
gram 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 Envi-
ronmental Protection Agency, acting through
the Office of Brownfields and Land Revitaliza-
tion, 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 assist-
ance to project applicants selected for participa-
tion in the program under subsection (c) to as-
sess 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 thro
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 18771
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.