42 U.S.C. § 18761 — Clean energy demonstration program on

Page 9227 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18761 it to a certified nuclear reactor that, during the period described in paragraph (1)— (A) terminates operations; or (B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor. (3) Confidentiality The Secretary shall establish procedures to ensure that any confidential, private, propri- etary, or privileged information that is in- cluded in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. (h) Report Not later than January 1, 2024, the Comp- troller General of the United States shall sub- mit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include— (1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensur- ing grid reliability; (2) a quantification of the ratepayer savings achieved under this section; and (3) any recommendations to renew or expand the credits. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026. (Pub. L. 117–58, div. D, title III, § 40323, Nov. 15, 2021, 135 Stat. 1019.) Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of this title. PART B—MISCELLANEOUS § 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 fol- lowing technologies: (A) Solar. (B) Micro-grids. (C) Geothermal. (D) Direct air capture. (E) Fossil-fueled electricity generation with carbon capture, utilization, and seques- tration. (F) Energy storage, including pumped stor- age 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. (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 The term ‘‘program’’ means the demonstra- tion program established under subsection (b). (b) Establishment The Secretary shall establish a program to demonstrate the technical and economic viabil- ity of carrying out clean energy projects on cur- rent 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 participa- tion in the program under paragraph (1), a clean energy project shall demonstrate, as de- termined by the Secretary, a technology on a current or former mine land site with a rea- sonable expectation of commercial viability. (3) Priority In selecting clean energy projects for par- ticipation 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 emis- sions; (C) provide the greatest domestic job cre- ation (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 manufac- turing, coal power plants, or coal mining; (E) have the greatest potential for techno- logical innovation and commercial deploy- ment; (F) have the lowest levelized cost of gen- erated 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 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 through 2026. (Pub. L. 117–58, div. D, title III, § 40342, Nov. 15, 2021, 135 Stat. 1031.) 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 sec- tion 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 Min- ing. For complete classification of such Revised Stat- utes sections to the Code, see Tables. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of this title. SUBCHAPTER IV—ENERGY INFORMATION ADMINISTRATION § 18771. Definitions In this subchapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Energy Information Admin- istration. (2) Annual Critical Minerals Outlook The term ‘‘Annual Critical Minerals Out- look’’ means the Annual Critical Minerals Outlook prepared under section 1606(j)(1)(B) of title 30. (3) Critical mineral The term ‘‘critical mineral’’ has the mean- ing given the term in section 1606(a) of title 30. (4) Household energy burden The term ‘‘household energy burden’’ means the quotient obtained by dividing— (A) the residential energy expenditures (as defined in section 440.3 of title 10, Code of Federal Regulations (as in effect on Novem- ber 15, 2021)) of the applicable household; by (B) the annual income of that household. (5) Household with a high energy burden The term ‘‘household with a high energy burden’’ has the meaning given the term in section 440.3 of title 10, Code of Federal Regu- lations (as in effect on November 15, 2021). (6) Large manufacturing facility The term ‘‘large manufacturing facility’’ means a manufacturing facility that— (A) annually consumes more than 35,000 megawatt-hours of electricity; or (B) has a peak power demand of more than 10 megawatts. (7) Load-serving entity The term ‘‘load-serving entity’’ has the meaning given the term in section 824q(a) of title 16. (8) Miscellaneous electric load The term ‘‘miscellaneous electric load’’ means electricity that— (A) is used by an appliance or device— (i) within a building; or (ii) to serve a building; and (B) is not used for heating, ventilation, air conditioning, lighting, water heating, or re- frigeration. (9) Regional Transmission Organization The term ‘‘Regional Transmission Organiza- tion’’ has the meaning given the term in sec- tion 796 of title 16. (10) Rural area The term ‘‘rural area’’ has the meaning given the term in section 918c(a) of title 7. (Pub. L. 117–58, div. D, title IV, § 40411, Nov. 15, 2021, 135 Stat. 1038.)