I 

116TH CONGRESS 

1ST SESSION H. R. 4318 

To provide economic stabilization resources to distressed rural communities 

directly impacted by the closure of an electric generating station, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2019 

Mr. O’HALLERAN (for himself, Mr. STANTON, Mrs. KIRKPATRICK, and Mr. 

GALLEGO) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide economic stabilization resources to distressed 

rural communities directly impacted by the closure of 

an electric generating station, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Recovery 

5 Opportunities & Mitigating Industry’s Shifting Economics 

6 (PROMISE) Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—CLOSURE OF ELECTRIC GENERATING STATIONS 

Sec. 101. Closure of electric generating stations. 

TITLE II—WORKFORCE INNOVATION AND OPPORTUNITY ACT 

Sec. 201. Dislocated Worker Project. 

TITLE III—FUNDS FOR LOSS OF REVENUES 

Sec. 301. Funds for loss of revenues. 

TITLE IV—SIGNIFICANTLY IMPACTED FEDERAL COMMUNITY 

ECONOMIC ADJUSTMENT PROGRAM 

Sec. 401. Function of the Secretary. 

Sec. 402. Functions of program. 

Sec. 403. Economic Adjustment Committee. 

Sec. 404. Office of Economic Adjustment of the Department of the Interior. 

Sec. 405. Responsibilities of executive agencies. 

3 SEC. 3. DEFINITIONS. 

4 In this Act, the following apply: 

5 (1) DEPARTMENT.—The term ‘‘Department’’ 

6 means the Department of the Interior. 

7 (2) ELECTRIC GENERATING STATION OWNED IN

8 PART BY THE DEPARTMENT.—The term ‘‘electric 

9 generating station owned in part by the Depart10 ment’’ means an electric generating station in which 

11 the Department or any of its subagencies owns or 

12 has the right to use more than 20 percent of the 

13 electricity generated at a facility that currently pro14 duces over 2,000 megawatts of electricity. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 TITLE I—CLOSURE OF ELECTRIC 

4 GENERATING STATIONS 

5 SEC. 101. CLOSURE OF ELECTRIC GENERATING STATIONS. 

6 (a) REUSE STUDIES.—Whenever the Secretary or the 

7 operator of an electric generating station owned in part 

8 by the Department announces that an electric generating 

9 station owned in part by the Department is a candidate 

10 for closure or that a final decision has been made to close 

11 an electric generating station owned in part by the De12 partment and the Secretary determines, because of the lo13 cation, facilities, or other particular characteristics of the 

14 electric generating station that it may be suitable for some 

15 specific Federal, State, Tribal, or local use potentially ben16 eficial to the Nation, the Secretary may conduct such 

17 studies, including the preparation of an environmental im18 pact statement in accordance with the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

20 consultations with Indian Tribes as required by the De21 partment, in connection with the electric generating sta22 tion and such potential use as may be necessary to provide 

23 information sufficient to make sound conclusions and rec24 ommendations regarding the possible use of the property. 


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1 (b) ADJUSTMENT AND DIVERSIFICATION ASSIST2 ANCE.— 

3 (1) ASSISTANCE AVAILABLE UNDER OTHER

4 PROGRAMS.—The Secretary may make grants, con5 clude cooperative agreements, and supplement funds 

6 available under Federal programs administered by 

7 agencies other than the Department in order to as8 sist State, Tribal, and local governments in planning 

9 community adjustments and economic diversification 

10 required by— 

11 (A) the proposed or actual establishment, 

12 realignment, or closure of an electric generating 

13 station owned in part or whole by the Depart14 ment; and 

15 (B) a publicly announced planned major 

16 reduction in Department spending that would 

17 directly and adversely affect a community, if 

18 the Secretary determines that an action de19 scribed in subparagraph (A) or this subpara20 graph is likely to have a direct and significantly 

21 adverse consequence on the affected community. 

22 (2) CONDITIONS.—In the case of a publicly an23 nounced planned reduction in the Department 

24 spending, the closure or realignment of an electric 

25 generating station, assistance may be made under 


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1 paragraph (1) only if the reduction, closure or re2 alignment, cancellation or termination, or failure will 

3 have a direct and significant adverse impact on a 

4 community or its residents. 

5 (3) COMMUNITY ADJUSTMENT AND ECONOMIC

6 DIVERSIFICATION PROGRAM.—(A) In the case of a 

7 State or local government eligible for assistance 

8 under paragraph (1), the Secretary may also make 

9 grants, conclude cooperative agreements, and supple10 ment other Federal funds in order to assist the 

11 State, Tribal, county, or local government to carry 

12 out a community adjustment and economic diver13 sification program (including State industrial exten14 sion or modernization efforts to facilitate the eco15 nomic diversification of displaced workers) in addi16 tion to planning such a program. 

17 (B) The Secretary shall establish criteria for 

18 the selection of community adjustment and economic 

19 diversification programs to receive assistance under 

20 subparagraph (A). Such criteria shall include a re21 quirement that the State, Tribal, county, or local 

22 government agree— 

23 (i) to provide not less than 10 percent of 

24 the funding for the program from non-Federal 

25 sources; 


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1 (ii) to provide business planning and mar2 ket exploration services under the program to 

3 displaced workers that seek modernization or 

4 diversification assistance; and 

5 (iii) to provide training, counseling, and 

6 placement services for dislocated workers. 

7 (C) The Secretary shall carry out this para8 graph in coordination with the Secretary of Com9 merce. 

10 (4) COMMUNITY ADJUSTMENTS AND ECONOMIC

11 DIVERSIFICATION PLANNING.—(A) The Secretary 

12 may also make grants, conclude cooperative agree13 ments, and supplement other Federal funds in order 

14 to assist a State, Tribal, county government or local 

15 government in planning community adjustments and 

16 economic diversification even though the State, Trib17 al, county government or local government is not 

18 currently eligible for assistance under paragraph (1) 

19 if the Secretary determines that a substantial por20 tion of the economic activity or population of the ge21 ographic area to be subject to the advance planning 

22 is dependent on expenditures of the Department. 

23 (B) The Secretary may also make grants, con24 clude cooperative agreements, and supplement other 

25 Federal funds in order to assist a State, Tribal, 


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1 county, or local government in enhancing its capac2 ities— 

3 (i) to assist communities, businesses, and 

4 workers adversely affected by an action de5 scribed in paragraph (1); 

6 (ii) to support local adjustment and diver7 sification initiatives; and 

8 (iii) to stimulate cooperation between 

9 statewide and local adjustment and diversifica10 tion efforts. 

11 (C) The Secretary may also make grants, con12 clude cooperative agreements, and supplement other 

13 Federal funds in order to assist a State, Tribal, 

14 county, or local government in enhancing the capa15 bilities of the government to support efforts of the 

16 Department to privatize, contract for, or diversify 

17 the performance of family support services of the 

18 Department in cases in which the capability of the 

19 Department to provide such services is adversely af20 fected by an action described in paragraph (1). 

21 (5) USE OF FUNDS FOR NON-FEDERAL CON22 TRIBUTION.—Funds provided to State, County, 

23 Tribal, and local governments and regional organiza24 tions under this section may be used as part or all 

25 of any required non-Federal contribution to a FedVerDate Sep 11 2014 00:23 Sep 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4318.IH H4318

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1 eral grant-in-aid program for the purposes stated in 

2 paragraph (1). 

3 (6) TIMELINE FOR APPROVAL OR REJECTION.— 

4 (A) To the extent practicable, the Sec5 retary shall inform a State, Tribal, county, or 

6 local government applying for assistance under 

7 this subsection of the approval or rejection by 

8 the Secretary of the application for such assist9 ance as follows: 

10 (i) Before the end of the 7-day period 

11 beginning on the date on which the Sec12 retary receives the application, in the case 

13 of an application for a planning grant. 

14 (ii) Before the end of the 30-day pe15 riod beginning on such date, in the case of 

16 an application for assistance to carry out a 

17 community adjustments and economic di18 versifications program. 

19 (B) If an application under this paragraph 

20 is rejected by the Secretary, the Secretary shall 

21 promptly inform the State, county, Tribal or 

22 local government of the reasons for the rejec23 tion of the application. 

24 (c) RESEARCH AND TECHNICAL ASSISTANCE.—The 

25 Secretary may make grants to, or conclude cooperative 


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1 agreements or enter into contracts with, another Federal 

2 agency, a State, Tribal, county, or local government, or 

3 any private entity to conduct research and provide tech4 nical assistance in support of activities under this section. 

5 (d) INTERIOR PILOT PROGRAM.— 

6 (1) ASSISTANCE FOR DEFICIENCIES IN COMMU7 NITY INFRASTRUCTURE.—The Secretary may make 

8 grants, conclude cooperative agreements, and supple9 ment funds available under Federal programs ad10 ministered by agencies other than the Department to 

11 assist State, Tribal, county, and local governments 

12 to address deficiencies in community infrastructure 

13 supportive of economic development if the Secretary 

14 determines that such assistance will enhance the 

15 economy of the area affected by the closure of an 

16 electric generating station owned in part or whole by 

17 the Department. 

18 (2) CRITERIA.—The Secretary shall establish 

19 criteria for the selection of community infrastructure 

20 projects to receive assistance under paragraph (1). 

21 The criteria shall include a requirement that the 

22 State, Tribal, county, or local government agree to 

23 contribute not less than 30 percent of the funding 

24 for the community infrastructure project, unless the 

25 community infrastructure project is located in a 


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1 rural area, in which case the Secretary may waive 

2 the requirement for a State, Tribal, or local govern3 ment contribution. 

4 (3) FUNDS AVAILABLE UNTIL EXPENDED.— 

5 Amounts appropriated or otherwise made available 

6 for assistance under paragraph (1) shall remain 

7 available until expended. 

8 (4) SUNSET.—The authority under this sub9 section shall expire 10 years after the date of the en10 actment of this Act. 

11 (e) DEFINITIONS.—In this section: 

12 (1) COMMUNITY ADJUSTMENT.—The terms 

13 ‘‘community adjustment’’ and ‘‘economic diversifica14 tion’’ include the development of feasibility studies 

15 and business plans for market diversification within 

16 a community that is located or residing, as the case 

17 may be, not more than 100 miles from an electric 

18 generating facility, owned in part by the Department 

19 or which the Department has rights to, or a coal 

20 mine associated with such a facility, one or both of 

21 which has closed adversely affected by an action de22 scribed in subsection (b)(1) by adversely affected 

23 businesses and labor organizations located in the 

24 community. 


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1 (2) COMMUNITY INFRASTRUCTURE.—The term 

2 ‘‘community infrastructure’’ means any transpor3 tation project; school, hospital, police, fire, emer4 gency response, or other community support facility; 

5 or water, waste-water, telecommunications, electric, 

6 gas, or other utility infrastructure project that has 

7 a significant nexus to the closed electric generating 

8 station and owned by a State, Tribal, county, or 

9 local government. 

10 (3) RURAL AREA.—The term ‘‘rural area’’ 

11 means a city, town, or unincorporated area that has 

12 a population of not more than 150,000 inhabitants. 

13 TITLE II—WORKFORCE INNOVA14 TION AND OPPORTUNITY ACT 

15 SEC. 201. DISLOCATED WORKER PROJECT. 

16 Not later than 60 days after the date of the enact17 ment of this Act, the Secretary of Labor, in consultation 

18 with the Secretary of the Interior, shall establish a dis19 located worker demonstration project under section 169(c) 

20 of the Workforce Innovation and Opportunity Act (29 

21 U.S.C. 3224(c)) to assist communities impacted by the 

22 electric generating station owned in part by the Depart23 ment. 


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1 TITLE III—FUNDS FOR LOSS OF 

2 REVENUES 

3 SEC. 301. FUNDS FOR LOSS OF REVENUES. 

4 (a) PAYMENT TO LOCAL GOVERNMENT ENTITIES.— 

5 To the extent funds are made available for this purpose, 

6 the Secretary may make annual payments under this sec7 tion to an eligible State, Tribal, or local government entity 

8 reflecting the loss of revenues due to the cessation of oper9 ations of an electric generating facility, owned in part by 

10 the Department, located within such State, Tribal, or local 

11 government entity, on a first-come, first-served basis, as 

12 follows: 

Award Year Maximum Potential Award 

1 no more than eighty percent of the 5-year average of revenue 

2 no more than seventy percent of the 5-year average of revenue 

3 no more than sixty percent of the 5-year average of revenue 

4 no more than fifty percent of the 5-year average of revenue 

5 no more than forty percent of the 5-year average of revenue 

6 no more than thirty percent of the 5-year average of revenue 

7 no more than twenty percent of the 5-year average of revenue 

13 (b) ELIGIBLE LOCAL GOVERNMENT ENTITY.—The 

14 term ‘‘eligible local government entity’’ means a Tribal 

15 government, county, municipality, school district or special 

16 district, where an electric generating facility owned in part 

17 by the Department, or the mine soley associated with such 

18 an electric generation facility, located within such local 

19 government entity— 

20 (1) has ceased operations; and 


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1 (2) the closing of the facility or mine has 

2 caused a reduction in the real property tax collec3 tions, royalties, lease payments, transaction privilege 

4 taxes and sales taxes, or payments in lieu of taxes 

5 owed by the electric generating facility or the mine 

6 solely associated with the electric generating facility. 

7 (c) CONDITIONS ON PAYMENTS AND ASSISTANCE.— 

8 An eligible local government entity— 

9 (1) shall be eligible for not more than one pay10 ment each fiscal year; and 

11 (2) may not receive payments for more than 7 

12 fiscal years. 

13 (d) ORDER OF PAYMENT.—The date of submission 

14 of an eligible local government entity’s application for as15 sistance shall establish the order in which assistance is 

16 paid to program applicants, except that in no event shall 

17 assistance be paid to an eligible local government entity 

18 until such time that an electric generating facility has 

19 been closed. For purposes of this section, any local govern20 mental entity seeking assistance under the electric gener21 ating facility cessation mitigation fund must submit an af22 fidavit to the Secretary that a facility is no longer pro23 ducing electricity. 

24 (e) DETERMINATION OF PAYMENT AMOUNT.—After 

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1 retary shall confirm such information. In the case that the 

2 facility and its solely associated mine is no longer pro3 ducing electricity and contributing to or participating in 

4 electricity markets it shall be deemed that the electric gen5 erating facility located within the local government entity 

6 has ceased operation. The determination of the amount 

7 of such annual payment shall be determined by the Sec8 retary on the amount of the differential between the an9 nual real property taxes, royalty or lease payments, trans10 action privilege taxes and sales taxes, or payments in lieu 

11 of taxes imposed upon the facility, exclusive of interest and 

12 penalties, during the most recent year of operations and 

13 the current real property taxes and payments in lieu of 

14 taxes imposed upon the facility, exclusive of interest and 

15 penalties. 

16 TITLE IV—SIGNIFICANTLY IM17 PACTED FEDERAL COMMU18 NITY ECONOMIC ADJUST19 MENT PROGRAM 

20 SEC. 401. FUNCTION OF THE SECRETARY. 

21 (a) IN GENERAL.—The Secretary, acting through the 

22 Economic Adjustment Committee established under this 

23 title, shall design and establish a Significantly Impacted 

24 Federal Community Economic Adjustment Program to as25 sist substantially and seriously affected communities, busiVerDate Sep 11 2014 00:23 Sep 14, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4318.IH H4318

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1 nesses, and workers from the effects of major federally 

2 owned, in part or whole, energy infrastructure closures 

3 taking place on Federal lands. 

4 (b) SUBSTANTIALLY AND SERIOUSLY AFFECTED

5 COMMUNITIES, BUSINESSES, AND WORKERS.—For the 

6 purposes of this title, ‘‘substantially and seriously affected 

7 communities, businesses, and workers’’ includes commu8 nities, businesses, and persons located or residing, as the 

9 case may be, not more than 100 miles from an electric 

10 generating facility, owned in part by the Department, or 

11 a coal mine associated with such a facility, one or both 

12 of which has closed. 

13 SEC. 402. FUNCTIONS OF PROGRAM. 

14 The Significantly Impacted Federal Community Eco15 nomic Adjustment Program shall— 

16 (1) identify problems of counties, regions, met17 ropolitan areas, Tribal governments or communities 

18 that result from major federally owned, in part or 

19 whole, energy infrastructure closures taking place on 

20 Federal lands. and that require Federal assistance; 

21 (2) use and maintain a uniform socioeconomic 

22 impact analysis to justify the use of Federal eco23 nomic adjustment resources; 

24 (3) apply consistent policies, practices, and pro25 cedures in the administration of Federal programs 


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1 that are used to assist significantly Federal affected 

2 counties, Tribal governments, regions, metropolitan 

3 areas, communities, and businesses; 

4 (4) identify and strengthen existing agency 

5 mechanisms to coordinate employment opportunities 

6 for displaced agency personnel; 

7 (5) identify and strengthen existing agency 

8 mechanisms to improve reemployment opportunities 

9 for dislocated Energy production industry personnel; 

10 (6) assure timely consultation and cooperation 

11 with Federal, State, regional, Tribal, county, metro12 politan, and community officials concerning Federal 

13 energy production-related impacts on affected com14 munities’ problems; 

15 (7) prepare, facilitate, and implement cost-ef16 fective strategies and action plans to coordinate 

17 interagency and intergovernmental economic adjust18 ment efforts; 

19 (8) encourage effective Federal, State, Tribal, 

20 county, regional, metropolitan, and community co21 operation and concerted involvement of public inter22 est groups and private sector organizations in eco23 nomic adjustment activities; 

24 (9) serve as a clearinghouse to exchange infor25 mation among Federal, State, County, Tribal, reVerDate Sep 11 2014 00:23 Sep 14, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4318.IH H4318

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1 gional, metropolitan, and community officials in2 volved in the resolution of community economic ad3 justment problems. Such information may include, 

4 for example, previous studies, technical information, 

5 and sources of public and private financing; 

6 (10) assist in the diversification of local econo7 mies to lessen dependence on Federal activities; 

8 (11) encourage and facilitate private sector and 

9 Tribal interim use of lands and buildings to generate 

10 jobs as Federal activities diminish; 

11 (12) develop ways to streamline property dis12 posal procedures to enable communities to acquire 

13 former energy production property to generate jobs 

14 as Federal energy production activities diminish; and 

15 (13) encourage resolution of regulatory issues 

16 that impede encroachment prevention and local eco17 nomic adjustment efforts. 

18 SEC. 403. ECONOMIC ADJUSTMENT COMMITTEE. 

19 (a) ESTABLISHMENT.—There is established an ‘‘Eco20 nomic Adjustment Committee’’ (hereafter in the title re21 ferred to as the ‘‘Committee’’) composed of the following 

22 or a designee or representative of the following, and such 

23 other individuals from the executive branch as the Presi24 dent may designate: 

25 (1) Secretary of Agriculture. 


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1 (2) Attorney General. 

2 (3) Secretary of Commerce. 

3 (4) Secretary of Defense. 

4 (5) Secretary of Education. 

5 (6) Secretary of Energy. 

6 (7) Secretary of Health and Human Services. 

7 (8) Secretary of Housing and Urban Develop8 ment. 

9 (9) Secretary of the Interior. 

10 (10) Secretary of Labor. 

11 (11) Secretary of State. 

12 (12) Secretary of Transportation. 

13 (13) Secretary of Treasury. 

14 (14) Secretary of Veterans Affairs. 

15 (15) Secretary of Homeland Security. 

16 (16) Chairman, Council of Economic Advisers. 

17 (17) Director of the Office of Management and 

18 Budget. 

19 (18) Director of the Office of Personnel Man20 agement. 

21 (19) Administrator of the Environmental Pro22 tection Agency. 

23 (20) Administrator of General Services. 

24 (21) Administrator of the Small Business Ad25 ministration. 


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1 (22) Postmaster General. 

2 (23) Each impacted County Board of Super3 visors. 

4 (24) Each impacted Tribal legislature. 

5 (25) Each impacted Tribal executive. 

6 (26) Each impacted town or city. 

7 (27) Each local union representing workers the 

8 electric generating facility or mine. 

9 (28) The Governor of the State in which the 

10 electric generating facility or mine is located. 

11 (b) CHAIR.—The Secretary, or the Secretary’s des12 ignee, shall chair the Committee. 

13 (c) VICE CHAIRS.—The Secretaries of Labor and 

14 Commerce shall serve as Vice Chairmen of the Committee. 

15 The Vice Chairmen shall co-chair the Committee in the 

16 absence of both the Chairman and the Chairman’s des17 ignee and may also preside over meetings of designated 

18 representatives of the concerned executive agencies. 

19 (d) DUTIES.—The Committee shall— 

20 (1) advise, assist, and support the Significantly 

21 Impacted Federal Community Economic Adjustment 

22 Program; 

23 (2) develop procedures to ensure that substan24 tially and seriously affected communities, businesses, 

25 and workers and representatives of thereof are notiVerDate Sep 11 2014 00:23 Sep 14, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4318.IH H4318

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1 fied of available Federal economic adjustment pro2 grams; and 

3 (3) report annually to the President and Con4 gress on the work of the Economic Adjustment Com5 mittee during the preceding fiscal year. 

6 SEC. 404. OFFICE OF ECONOMIC ADJUSTMENT OF THE DE7 PARTMENT OF THE INTERIOR. 

8 (a) ESTABLISHMENT.—There is hereby established in 

9 the Department of the Interior the Office of Economic Ad10 justment. 

11 (b) DUTIES.—The head of the Office of Economic 

12 Adjustment established by subsection (a) shall— 

13 (1) provide all necessary policy and administra14 tive support to the Committee; and 

15 (2) coordinate the Significantly Impacted Fed16 eral Community Economic Adjustment Program es17 tablished pursuant to this title. 

18 SEC. 405. RESPONSIBILITIES OF EXECUTIVE AGENCIES. 

19 (a) AGENCY REPRESENTATIVES.—The head of each 

20 agency represented on the Committee shall designate an 

21 agency representative to— 

22 (1) serve as a liaison with the Secretary’s eco23 nomic adjustment staff; 

24 (2) coordinate agency support and participation 

25 in economic adjustment assistance projects; and 


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1 (3) assist in resolving impacts on substantially 

2 and seriously affected communities, businesses, and 

3 workers related to the closure of an electric gener4 ating facility, owned in part by the Department, or 

5 a coal mine associated with such a facility. 

6 (b) AGENCY SUPPORT.—All Federal executive agen7 cies shall support, to the extent permitted by law, the eco8 nomic adjustment assistance activities of the Secretary 

9 under this title. Such support may include the following: 

10 (1) Use and application of personnel, technical 

11 expertise, legal authorities, and available financial 

12 resources. 

13 (2) Providing a coordinated Federal response to 

14 the needs of substantially and seriously affected 

15 communities, businesses, and workers related to the 

16 closure of an electric generating facility an electric 

17 generating facility, owned in part by the Depart18 ment, or a coal mine associated with such a facility. 

19 (3) Giving priority consideration to requests 

20 from substantially and seriously affected commu21 nities, businesses, and workers for Federal technical 

22 assistance, financial resources, excess or surplus 

23 property, or other requirements, that are part of a 

24 comprehensive plan used by the Committee. 

Æ 


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