I 117th CONGRESS 1st Session H. R. 5368 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.

1. Short title This Act may be cited as the Investing in Energy Regions Act . 2. 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. (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 (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 subsection (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 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 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 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) Prevailing wages To be eligible to be selected 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 laborers and mechanics employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant 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 subsection, 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 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. (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.