December 2013 #13-48

Summary:

The federal government

continues to control more

than 50% of all lands in

the western United States.

Transferring federally

controlled lands back to

the state can vastly benefit

Oregon’s economy while

using wisely our wealth of

natural resources.

Word Count 624

“Locked up in these

federally controlled

lands are more than

$150 trillion in

mineral values and

more recoverable

oil―in Utah,

Colorado, and

Wyoming alone―

than in the rest of the

world combined.”

Knowledge and Courage:

What the West Needs to Take Back

Our Public Lands

By Ken Ivory

The federal government continues to control more than 50% of all lands in the

western United States. Locked up in these federally controlled lands are more than

$150 trillion in mineral values and more recoverable oil―in Utah, Colorado, and

Wyoming alone―than in the rest of the world combined. Failed federal forest

policies prevent harvesting timber, which would improve forest conditions and

wildfire resilience, provide useful consumer products and renewable energy

feedstock, and revitalize rural schools and communities. FBI criminal activity alerts

now warn that terrorists are encouraging the use of wildfire in fuel-laden federal

forests as weapons for jihad.

There is no good reason for the federal government to retain control over these

lands and resources in states like Oregon. We in the West have, in good faith,

simply tolerated the federal government’s delay in honoring its more than 200-year-

old obligation to transfer title to these lands for so long that now most people

assume there must be some valid reason the federal government controls our lands

and resources.

But there is none. At a recent Continuing Legal Education seminar to several dozen

lawyers, a law professor (who is frequently quoted as saying it is “clearly

unconstitutional” for states to take action to secure the transfer of title to their

public lands) displayed an annual average precipitation map indicating that the

federal government retains control of western lands because they are “arid.”

The second reason he gave was that the founders of the western states simply gave

up their lands as a sort of ransom for the privilege of statehood, citing half a

sentence in the statehood enabling acts: “… forever disclaim all right and title….”

The funny thing is, this same half sentence is word-for-word the same in the

statehood enabling acts of almost all states east of Colorado, where the federal

government did dispose of their public lands.

In fact, for decades, as much as 90% of the lands in Illinois, Missouri, Arkansas,

Indiana, Louisiana, Alabama, Mississippi, and Florida were kept under federal

control. Then, one man had the knowledge and courage to rally citizens to compel

Congress to transfer title to their public lands. His name was Thomas Hart Benton,

a Democratic U.S. Senator from Missouri featured in President John F. Kennedy’s

best-selling book Profiles in Courage.

“…[R]eturning

these lands to state

control is the only

solution big

enough to fund

education; better

care for our lands

and forests;

protect access;

create jobs; and

grow local, state,

and national

economies and tax

base.”

The statehood enabling acts promising to transfer title to the public lands are the

same for all states west and east of Colorado. It’s been done before―repeatedly and

recently. And, returning these lands to state control is the only solution big enough

to fund education; better care for our lands and forests; protect access; create jobs;

and grow local, state, and national economies and tax base.

If we fail to stand up and take action to secure state and local control of our lands

and abundant resources, it will not be because it is illegal, unconstitutional, or

impossible. It will only be because we―and the local, state, and national leaders we

“hire”―lack the knowledge and the courage to do what has been successfully done

before.

Do your local, state, and national leaders know why there is a difference between the

way the federal government has handled eastern and western lands? Have you

inquired what specifically they are doing to compel Congress to honor the same

statehood promise for our children and our future that Congress already kept with

Hawaii and all states east of Colorado? Have you asked them what groups or

influential individuals they will bring to the effort? Have you asked them what

specifically you can do to help?

Now is the time to let our representatives know how transferring federally controlled

lands back to the state can vastly benefit Oregon’s economy while preserving and

using wisely our wealth of natural resources.

.

Ken Ivory is president of the American Lands Council and a member of the Utah

House of Representatives. He was a guest speaker on this issue for Cascade Policy

Institute in November 2013.

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