Constitution Index · S. 5039 · 2026-07-21

License to Drill Act

Latest official status (2026-09-17): Placed on Senate Legislative Calendar under General Orders. Calendar No. 659.

Official source ↗

Constitutional grade

A

Constitutional

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.

Article IV, Section 3, Clause 2 Article I, Section 8, Clause 1

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

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 tax but a charge for a specific government service, which is within Congress's authority.

Bill of Rights · passes

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.

Individual liberty · passes

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.

Decentralization · passes

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 affairs; it only addresses federal land management.

Due process and takings · passes

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.

Provenance

Grade ID
597
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-11 14:20 UTC
Engine
backup SI engine
Source fetched
2026-10-09 19:07 UTC
Source SHA-256
1af589dbb23b4c124bf9b3fd67ed171399af4b89e9cc8377cc7cbd4c9b41045a
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #597 2026-10-11 vfa-constitutional-grade/1.0 1af589dbb23b current

Cite this

Values for America. “Constitutional grade: S. 5039, License to Drill Act.” VFA Constitution Index, grade 597 (rubric vfa-constitutional-grade/1.0), graded October 11, 2026. https://www.valuesforamerica.com/constitution-index/grades/597. Accessed 2026-10-19.

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