S. 5039 explained · 119th Congress · Pending in Congress
License to Drill Act
Cosponsors: none · per Congress.gov, 2026-10-14
Introduced: 2026-07-21
Latest action (2026-09-17): Placed on Senate Legislative Calendar under General Orders. Calendar No. 659.
What S. 5039 does, in plain terms
License to Drill Act This bill extends through FY2037 the Bureau of Land Management’s (BLM’s) authority to collect oil and gas permit processing fees. For each new permit application, BLM collects a fee that is transferred to the BLM Permit Processing Improvement Fund. (Under current law, the fees are authorized through FY2026.)
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 simply extends an existing, congressionally authorized fee collection mechanism for oil and gas permit processing. It does not expand federal authority, restrict rights, or shift power upward. The fee is a user fee tied to a specific federal service, consistent with Congress's power over public lands and its spending authority. No constitutional concerns arise.
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✓ Passes · Enumerated powers
Congress has explicit authority over federal public lands under the Property Clause (Article IV, Section 3, Clause 2) and the Spending Clause (Article I, Section 8, Clause 1). The BLM's permit processing fee is a user fee for a service related to federal lands, and extending the fee authorization is a valid exercise of Congress's power to manage and dispose of federal property. The fee is not a ta… -
✓ Passes · Bill of Rights
The bill does not implicate any of the first ten amendments. It does not affect speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers. It is a purely administrative fee extension. -
✓ Passes · Individual sovereignty
The bill does not restrict individual liberty or property rights. It merely continues a fee that applicants voluntarily pay when seeking a federal permit. The fee is not a restriction on what a person can do with their own property; it is a condition for accessing a federal service. The burden on individuals is minimal and directly tied to the benefit received. -
✓ Passes · Decentralization
The bill does not consolidate decision-making at a higher level of government. It simply extends an existing federal fee collection mechanism. The fee is for processing permits on federal lands, which are inherently federal property. The federal government is the appropriate level to manage its own lands. The bill does not prevent individuals, local communities, or states from handling their own a… -
✓ Passes · Due process and takings
The bill does not bypass due process or take property without just compensation. The fee is a voluntary payment for a permit application, not a taking. There is no deprivation of life, liberty, or property without due process. The fee is set by statute and applies uniformly, providing fair notice to applicants.
Sources: Congress.gov: S 5039 summary
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