H.R. 6365 explained · 119th Congress · Pending in Congress
Wintergreen Emergency Egress Act
Cosponsors: 7 (3 D, 4 R) · per Congress.gov, 2026-10-14
Introduced: 2025-12-02
Latest action (2026-09-17): Placed on Senate Legislative Calendar under General Orders. Calendar No. 664.
What H.R. 6365 does, in plain terms
Wintergreen Emergency Egress Act This bill directs the Department of the Interior to issue a right-of-way through the Blue Ridge Parkway for an additional emergency exit from Wintergreen in Nelson County, Virginia, once certain requirements have been met. Specifically, Interior must grant the right-of-way if it reports to specified congressional committees that the following have been completed: (1) an evaluation of alternatives to the right-of-way for exiting Wintergreen that do not cross federal land, including an evaluation of whether existing trails can be converted to roads; (2) an analysis of expected fire ecology behavior in the event of a fire emergency with respect to the right-of-way; and (3) any required reviews under the National Environmental Policy Act of 1969 and the National Historic Preservation Act.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-11
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The bill directs the Department of the Interior to grant a right-of-way across federal land for an emergency exit, subject to environmental and alternative-analysis requirements. This is a narrow, land-management action within federal authority over public lands, does not infringe on individual rights, and does not consolidate power beyond the necessary federal role in managing its own property.
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✓ Passes · Enumerated powers
The federal government has explicit authority over federal lands under the Property Clause (Article IV, Section 3, Clause 2), which grants Congress the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. The Blue Ridge Parkway is federal land, and issuing a right-of-way is a classic exercise of that authority. Th… -
✓ Passes · Bill of Rights
The bill does not implicate any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, or cruel and unusual punishment. It is a land-use directive that affects property rights only in the sense of granting an easement, which is not a deprivation of rights. -
✓ Passes · Individual sovereignty
The bill does not restrict individual liberty. It grants a right-of-way for an emergency exit, which is a benefit to the community. It does not compel any person to act against their will, nor does it take property from individuals. The burden of proof for any restriction is not triggered because there is no restriction. -
✓ Passes · Decentralization
The action involves federal land, so the federal government is the appropriate authority. The bill does not consolidate decision-making upward beyond the necessary level: it requires the Department of the Interior to evaluate alternatives and conduct environmental reviews, which is a federal responsibility for federal land. Local and state interests are considered through the evaluation of alterna… -
✓ Passes · Due process and takings
The bill does not bypass due process or take property without just compensation. It grants a right-of-way, which is a property interest granted by the government, not a taking. The bill includes procedural safeguards by requiring environmental reviews and an evaluation of alternatives before the right-of-way is granted, ensuring that the decision is not arbitrary and that affected interests are co…
Sources: Congress.gov: HR 6365 summary
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