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.
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
- Congress.gov: S 5039 summary · fetched 2026-10-09 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| 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.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/597
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