I 
117TH CONGRESS 
1ST SESSION H. R. 5368 
To direct the Secretary of Energy to establish a program to demonstrate 
the technical and economic viability of carrying out clean energy projects 
on current and former mine land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 24, 2021 
Mr. LAMB introduced the following bill; which was referred to the Committee 
on Science, Space, and Technology 
A BILL 
To direct the Secretary of Energy to establish a program 
to demonstrate the technical and economic viability of 
carrying out clean energy projects on current and former 
mine land, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Investing in Energy 
Regions Act’’. 
SEC. 2. CLEAN ENERGY DEMONSTRATION PROGRAM ON 
CURRENT AND FORMER MINE LAND. 
(a) DEFINITIONS.—In this section: 
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(1) CLEAN
ENERGY
PROJECT.—The term 
‘‘clean energy project’’ means a project that dem-
onstrates 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. 
(H) Wind energy. 
(2) ECONOMICALLY
DISTRESSED
AREA.—The 
term ‘‘economically distressed area’’ means an area 
described in section 301(a) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 
3161(a)). 
(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 
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(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 demonstration program established under sub-
section (b). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a program to demonstrate the technical and economic via-
bility 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 en-
ergy projects, to be carried out in geographically di-
verse regions, at least two 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 de-
termined by the Secretary, a technology on a current 
or former mine land site with a reasonable expecta-
tion of commercial viability. 
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(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 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 deployment; 
(F) have the lowest levelized cost of gen-
erated or stored energy; 
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(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
OPER-
ATIONS.—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 Of-
fice of Surface Mining Reclamation and Enforce-
ment Abandoned Mine Land program office to con-
firm— 
(A) that the proposed project is compatible 
with any current mining, exploration, or rec-
lamation activities; and 
(B) the valid existing rights of any mining 
claimholders or operators. 
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(d) PREVAILING WAGES.—To be eligible to be se-
lected for participation in the program under subsection 
(c)(1), a project applicant for a clean energy project shall 
submit to the Secretary a written assurance that all labor-
ers and mechanics employed by any contractor or subcon-
tractor in the performance of work funded directly, or as-
sisted in whole or in part, by the Federal Government pur-
suant to this Act shall be paid wages at rates not less 
than those prevailing on work of a similar character in 
the locality, as determined by the Secretary of Labor 
under subchapter IV of chapter 31 of title 40, United 
States Code (commonly referred to as the Davis-Bacon 
Act). With respect to the labor standards in this sub-
section, the Secretary of Labor shall have the authority 
and functions set forth in Reorganization Plan Numbered 
14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
3145 of title 40, United States Code. 
(e) CONSULTATION.—The Secretary shall consult 
with the Director of the Office of Surface Mining Rec-
lamation and Enforcement and the Administrator of the 
Environmental Protection Agency, acting through the Of-
fice 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 
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clean energy projects on current and former mine land 
sites. 
(f) 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. 
(g) 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. 
Æ 
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