Constitution Index · H.R. 5631 · 2025-09-30
Geothermal Energy Advancement Act
Latest official status (2026-09-17): Placed on Senate Legislative Calendar under General Orders. Calendar No. 663.
Constitutional grade
A
Constitutional
The Geothermal Energy Advancement Act is a constitutionally sound exercise of federal authority over public lands. It establishes administrative procedures within the Department of the Interior to streamline geothermal permitting on federal land, which falls squarely within the Property Clause and the enumerated powers of Congress. The bill does not infringe on individual rights, does not consolidate power beyond the federal level in a way that violates the Tenth Amendment, and provides procedural mechanisms that enhance due process rather than undermine it.
Amendment X Article IV, Section 3, Clause 2
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
The federal government has explicit constitutional authority to manage and dispose of federal lands under Article IV, Section 3, Clause 2 (the Property Clause). The bill's provisions relate solely to geothermal projects on federal land, and the Department of the Interior's Bureau of Land Management is the primary federal land management agency. Therefore, the establishment of an ombudsman and task force to oversee permitting on federal land is a valid exercise of this enumerated power.
Bill of Rights · passes
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, takings, fair trial, jury, cruel and unusual punishment, or unenumerated rights. It is an administrative reorganization and procedural measure, not a restriction on individual liberties.
Individual liberty · passes
The bill does not restrict what individuals can do with their person, property, speech, labor, or belief. It facilitates the permitting process for geothermal projects, which is a government service, and does not impose new burdens on individuals. The ombudsman's role is to assist applicants and resolve disputes, which supports individual economic liberty rather than restricting it.
Decentralization · passes
The bill addresses geothermal projects on federal land, which is a matter that inherently requires federal involvement because the land is owned by the federal government. An individual or family cannot handle permitting on federal land without federal authorization, and local communities and states do not have jurisdiction over federal land. The bill does not consolidate decision-making upward beyond the necessary federal role; it actually seeks to improve coordination within the federal bureaucracy. The Tenth Amendment is not violated because the federal government is acting within its enumerated powers over federal property.
Due process and takings · passes
The bill enhances procedural due process by establishing an ombudsman to provide dispute resolution services between BLM and applicants. This provides a mechanism for fair notice and hearing in the permitting process. The bill does not bypass due process, does not presume guilt, and does not take property without just compensation. It is a procedural improvement, not a deprivation.
Provenance
- Congress.gov: HR 5631 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #898 | 2026-10-14 | vfa-constitutional-grade/1.0 | b2acf6b9eb46 | current |
Cite this
Values for America. “Constitutional grade: H.R. 5631, Geothermal Energy Advancement Act.” VFA Constitution Index, grade 898 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/898. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/898
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