Constitution Index · H.R. 1366 · 2025-02-14
Mining Regulatory Clarity Act
Latest official status (2026-03-17): Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 357.
Constitutional grade
B
Mostly sound
The Mining Regulatory Clarity Act is mostly sound but has minor tensions with the Property Clause and the Ninth Amendment. It operates within Congress's enumerated power over federal lands, does not directly infringe the Bill of Rights, and preserves individual sovereignty. However, it consolidates decision-making at the federal level for land-use decisions that could be handled locally, and the creation of a federal fund raises minor due process concerns regarding the use of fees.
Amendment IX Article IV, Section 3, Clause 2 Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VIII Amendment X
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 constitutional authority over federal lands under Article IV, Section 3, Clause 2 (the Property Clause), 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.' This bill regulates the use of public lands for mining-related activities, which falls squarely within that enumerated power. The bill does not exceed federal authority because it applies only to federal lands, not to state or private lands.
Bill of Rights · passes
The bill does not infringe any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition (First Amendment), the right to keep and bear arms (Second Amendment), quartering of soldiers (Third Amendment), or search and seizure (Fourth Amendment). It does not involve self-incrimination, double jeopardy, or due process in a criminal context (Fifth Amendment), nor does it affect trial rights (Sixth and Seventh Amendments). It does not impose cruel or unusual punishment (Eighth Amendment). The bill's regulation of land use does not violate unenumerated rights under the Ninth Amendment, as it does not restrict personal autonomy or privacy. The Tenth Amendment is not directly violated because the bill operates within federal property powers, though it may have minor implications for state authority over land use (see decentralization check).
Individual liberty · passes
The bill does not restrict what individuals can do with their own person, property, speech, labor, or belief. It regulates the use of federal lands by mining operators, who are voluntarily engaging in commercial activity on government property. The bill does not impose restrictions on private property owners or individuals acting outside the context of mining on federal lands. The burden of justification is met because the government has a compelling interest in managing its own property and preventing environmental harm from mining waste. No individual right is restricted without justification.
Decentralization · raises concerns · severity: significant
The bill fails the decentralization test on two of four questions. (1) An individual or family could not handle this without government involvement because mining on federal lands requires federal permission and oversight. (2) A local community or county could handle waste disposal and mining regulation without state involvement, but the bill centralizes this at the federal level. (3) A state could handle mining regulation on federal lands only if the federal government delegated that authority, which it has not. (4) The bill consolidates decision-making at the federal level by requiring federal approval for mill site claims and creating a federal fund, rather than allowing states or localities to manage these activities. This fails two of the four questions, resulting in a grade of C for this check.
Due process and takings · passes
The bill does not bypass due process or take property without just compensation. It does not impose criminal penalties or deprive anyone of life, liberty, or property without a hearing. The bill's requirement that fees be deposited into the Abandoned Hardrock Mine Fund does not constitute a taking because the fees are voluntarily paid by mining operators as part of their plan of operations, and the fund is used for reclamation activities that benefit the public and the mining industry. There is no arbitrary government action; the bill provides clear rules for mill site claims and plans of operations. The Fifth Amendment's Takings Clause is not implicated because no private property is taken for public use.
Provenance
- Congress.gov: HR 1366 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #447 | 2026-10-10 | vfa-constitutional-grade/1.0 | 9c83f600dd5a | current |
Cite this
Values for America. “Constitutional grade: H.R. 1366, Mining Regulatory Clarity Act.” VFA Constitution Index, grade 447 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/447. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/447
Data: this grade as JSON · full export. Attribution required.