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The Basics of the Transfer of Public Lands

Author: alecoutreach

Post on 21-Jun-2015



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Learn the basics of the Transfer of Public Lands! This presentation will help answer questions such as: why transfer lands? Has this been done before? And Can we afford to transfer the lands? You will also learn what you can do to help American Lands Council move this important effort forward.


  • 1. The Basics of the Transfer of PublicLands

2. Public Lands"[t]he words public lands arehabitually used in ourlegislation to describe such asare subject to sale or otherdisposal under general laws."Barker v. Harvey, 181 U.S. 481,490 (1901). 3. Where socializedownership of landis concerned, onlythe USSR andChina can claimcompany with theUnited States.John Kenneth Galbraith,Economist 4. www.AmericanLandsCouncil.orgFacebook:American Lands [email protected] Nation Needs YOUTo Hire & Inspire Leaders to Battle ForThe Only Solution Big Enough 5. Men & Women of Good Faith, From All WalksAwait Your Invitation to Join TogetherTo Hire & InspireLocal, State & National RepresentativeswithThe Knowledge & CourageTo Battle ForThe Only Solution Big Enough! 6. Land with Limited/No Access 7. Wallow Fire 2011Dave Williams (left) and Michael Demlong, both with the Arizona Game and FishDepartment, give water to a female baby red-tailed hawk that was found in Eagar duringthe Wallow Fire on June 14, 2011. The bird appeared to be dehydrated and starving.PHOTO BY: Tom Tingle/The Arizona Republic 8. Why the Difference?? 9. U.S. Constitution Article IV, Section 3 New StatesThe Congress shall have powerto dispose of and make all needful rulesand regulations respecting the Territory orother property belonging to the United States;and nothing in this Constitution shall be soconstrued as to prejudice any claims ofthe United States, or of any particular State. 10. Madison Constitutional DebatesTuesday, August 30, 1787Mr. WILSON ... There was nothing in the Constitution affecting oneway or the other the claims of the U. S. & it was best toinsert nothing leaving every thing on that litigated subject in statuquo.Mr. MADISON ... He thought it best on the whole to be silent onthe subject. He did not view the proviso of Mr. Carrol as dangerous; butto make it neutral & fair, it ought to go farther & declare that theclaims of particular States also should not be affected.Mr. CARROL withdrew his motion and moved the following. "Nothingin this Constitution shall be construed to alter the claims ofthe U. S. or of the individual States to theWestern territory, ...." 11. Article IVPower to Create StatesThe power of Congress in respect tothe admission of new states is found inthe 3d section of the 4th article of theConstitution. That provision is that,new States may be admitted by theCongress into this Union. Coyle v.Smith, 221 U.S. 559 (1911) 12. Article IVPower to Create StatesBut what is this power? It is not toadmit political organizations whichare less or greater, or different indignity or power, from those politicalentities which constitute the Union. Itis a power to admitstates. Coyle v. Smith, 221 U.S.559 (1911) 13. Federal Government HoldsPublic Lands In Trust for theStatesThe federal government holds territoriallands in trust for the several states to beultimately created out of the territory."(Shively v. Bowlby, 1894) 14. Federal Govt is Duty-Boundto Execute These Trusts"Whenever [i.e. once] the United Statesshall have fully executed these trusts, themunicipal sovereignty of the new stateswill be complete, throughout theirrespective borders, and they, and theoriginal states, will be upon an equalfooting, in all respects whatever. Pollardv. Hagan, (1845) 15. Federal Govt Holds Public Landsfor Temporary Purposes toExecute The Trusts. . . the United States never held anymunicipal sovereignty, jurisdiction or right ofsoil in and for the territory ... of the new States ...except for temporary purposes, and toexecute the trusts created by the acts of theVirginia and Georgia Legislatures, and the deedsof cession executed by them to the United States,and the trust created by the treaty with theFrench Republic of the 30th of April, 1803,ceding Louisiana. Pollard v. Hagan, (1845) 16. Why the Difference?? 17. Myth:You Didnt Want Your Lands(forever disclaim all right and title) 18. Forever Disclaim All Right and Title ...?that the people inhabiting the said territory, do agreeand declare that they forever disclaim all right andtitle to the waste or unappropriated lands lying withinthe said territory; and that the same shall be and remainat the sole and entire disposition of the UnitedStates...ALABAMA2.7% PUBLIC LANDS 19. Forever Disclaim All Right and Title ...?That the people inhabiting said proposed States doagree and declare that they forever disclaim all rightand title to the unappropriated public lands lyingwithin the boundaries thereof, and that until thetitle thereto shall have been extinguished by theUnited States, the same shall be and remainsubject to the disposition of the United States, ;NORTH DAKOTA (3.9%)SOUTH DAKOTA (5.4%) PUBLIC LANDS(THEY SHARE THE SAME ENABLING ACT) 20. Forever Disclaim All Right and Title ...?That the people inhabiting said proposed States do agreeand declare that they forever disclaim all right and titleto the unappropriated public lands lying within theboundaries thereof, and that until the title theretoshall have been extinguished by the United States, thesame shall be and remain subject to the disposition ofthe United States, Montana (30%)Washington State (30%)Public LandsThey Share The Very Same Enabling Act Document As ND & SD! 21. The Promises are the Same!Forever Disclaim All Right and Title ...?Utah66.5% Public LandsThat the people inhabiting said proposed State doagree and declare that they forever disclaim allright and title to the unappropriated publiclands lying within the boundaries thereof; ... andthat until the title thereto shall have beenextinguished by the United States, the same shallbe and remain subject to the disposition of theUnited States,...Section 3, Utah Enabling Act, July 16, 1894 22. Enabling Acts areSolemn CompactsEnabling Acts are "solemn compacts"and "bi-lateral [two-way] agreements"that are to be performed "in a timelyfashion" (Andrus v. Utah, 1980) 23. 2009 U.S. Supreme CourtHawaii v. Office of Hawaiian Affairs(Unanimous Decision)[T]he consequences of admission areinstantaneous, and it ignores the uniquelysovereign character of that event to suggestthat subsequent events [acts of Congress]somehow can diminish what has already beenbestowed. And that proposition applies a fortiori[with even greater force] where virtually all of theStates public lands . . .are at stake. 24. Its Already Been Done Before! 25. Does this sound familiar?The federal government is not disposing of ourpublic lands as it promised;We cant tax the lands to adequately fundeducation;Our ability to grow our economy and createjobs is stifled; andThe federal government is hoarding ourabundant minerals and natural resources. 26. IL, MO, IN, AR, LA, AL, MS, Fl, were as much as 90% federallycontrolled for decades ... 27. One Man...One LEADER...Refused To Be Silent or TakeNOfor an Answer 28. ... my election to the Senate of the UnitedStates ... found me doing battle for anameliorated system of disposing of ourpublic lands; and with some success. Iresolved to move against the wholesystem ... I did so in a bill, renewedannually for a long time; and in speecheswhich had more effect upon the publicmind than upon the federal legislation ...U.S. SenatorThomas Hart Benton(D-MO) 29. They were as a stepmother, instead of anatural mother: and the federal governmentbeing sole purchaser from foreign nations,and sole recipient of Indian cessions, itbecame the monopolizer of vacantlands of the West: and this monopoly,like all monopolies, resulted in hardshipsto those upon whom it acted.U.S. SenatorThomas Hart Benton(D-MO) 30. But the members in Congressfrom the new States should notintermit their exertions, nor vary theirpolicy; and should fix their eyessteadily upon the period of thespeedy extinction of the federaltitle to all the lands within the limits oftheir respective States ...Thirty Years View, Thomas Hart BentonU.S. SenatorThomas Hart Benton(D-MO) 31. Its The Only Solution BigEnough! 32. Arizonas $31.5 Billion Annual RevenuesArizonasLooming$16.3 BillionBudget Hole51.7%The $16.3 Billionof Federal FundsArizona Spends AnnuallySource: Intergovernmental FinancialDependency: A Study of KeyDependency Measures for the 50 States,CliftonLarsenAllen, LLP, 2012 33. Washingtons $43.6 Billion Annual RevenuesWashingtonThe $18.3 Billion ofs Federal LoomingFundsWashington Spends$18.3 AnnuallyBillionBudget 42%Hole42%Copyright (c) 2011 Ken Ivory All Rights ReservedSource: Intergovernmental Dependency: A Study of Key DependencyMeasures of the 50 States, 2012 CliftonLarsonAllen, LLP 34. We Cant Afford Not ToSecure the Transfer of ourPublic Lands 35. Why The difference? 36. What Do We Do About It? 37. TPL LegislativeSummitNext Steps:EducateNegotiateLegislateLitigate 38. What Can You DoNow?EducateDonateDelegate 39. Educate Know & Share Key Points Think Benjamin Franklin with a Facebook Page, Twitter,YouTube, email, etc. #TransferPublicLands & #HonorThePromise Will YOU Be The ONE to Open The Next Door? 40. Follow & Share! 41. Donate Money and ManpowerMake the Difference 42. Delegate Hire & Inspire local, state, and nationalrepresentatives who have the Knowledge &Courage to Battle For the Only Solution BigEnough - #TransferPublicLands 43. [email protected]n Lands [email protected]