[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5368 Introduced in House (IH)]
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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
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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 Representatives 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:
(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.
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