This Nation Needs YOU

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Table of Contents ~ Introduction ~ Hire & Inspire Leade rs ~ One Size Fails All ~ MT Governor Steve Bullo ck ~ The Role of Government ~ It’s Already Been Done Bef ore! ~ The Promises are the Same! ~ It’s the Only Solution Big nough ~ Why Transfer the Lands? ~ We Can’t Afford Not To ~ What Can We Do? ~ Knowledge and Courage ~ 3 Maps Say it All

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As the reach and power of Washington, DC continues to grow, our nation needs people like you to hire and inspire leaders that will battle for the only solution big enough to fund education, care for the environment, and grow the economy locally and nationally. Learn more about the Transfer of Public Lands and then utilize that knowledge to educate others, especially your local, state, and national representatives.

Transcript of This Nation Needs YOU

  • 1. Table of Contents ~ Introduction ~ Hire & Inspire Leaders ~ One Size Fails All ~ MT Governor Steve Bullock ~ The Role of Government ~ Its Already Been Done Before! ~ The Promises are the Same! ~ Its the Only Solution Big Enough ~ Why Transfer the Lands? ~ We Cant Afford Not To ~ What Can We Do? ~ Knowledge and Courage ~ 3 Maps Say it All

2. This Nation Needs YOU To Hire & Inspire Leaders to Battle For The Only Solution Big Enough #TransferPublicLands www.AmericanLandsCouncil.org Ken Ivory @KenIvoryUT [email protected] Facebook American Lands Council @AmericanLandsCn 801.ALC.6622 3. Men & Women of Good Faith, From All Walks Await Your Invitation to Join Together To Hire & Inspire Local, State & National Representatives with The Knowledge & Courage To Battle For The Only Solution Big Enough! #TransferPublicLands 4. Imagine you were a Jew on the streets of Germany in 1945? 5. Israel 1950 6. Imagine in 1855 you are told that one of the two dominant political parties will be gone in 5 years and that the President will be elected from a party that doesnt even exist today? 7. Presidential Election 1860 8. Transfer Public Lands #TransferPublicLands 9. One Size Fails All 10. Federal Control and Cutbacks Imperil Public Safety (3 min.) 11. Rodeo Chediski Fire 2002 12. Rodeo Chediski Fire 2002 13. Smoke rises into the air from a burnout fire as firefighters battle the Wallow Fire near the Lee Valley Recreational Area in the Apache-Sitgreaves National Forest on June 12. PHOTO BY: David Kadlubowski/The Arizona Republic Wallow Fire 2011 14. Smoke rises into the air from a burnout fire as firefighters battle the Wallow Fire near the Lee Valley Recreational Area in the Apache-Sitgreaves National Forest on June 12. PHOTO BY: David Kadlubowski/The Arizona Republic Wallow Fire 2011 15. The Wallow Fire burns in the White Mountains as seen from the North, west of Springerville on Wednesday. PHOTO BY: David Wallace/The Arizona Republic Wallow Fire 2011 16. Wildfire impact on Air Quality 17. Michael Demlong, left, and Dave Williams, both with the Arizona Game and Fish Department, give water to a baby buck elk after firefighters at the Wallow Fire discovered the animal in distress in the forest. PHOTO BY: Tom Tingle/The Arizona Republic Wallow Fire 2011 18. Dave Williams (left) and Michael Demlong, both with the Arizona Game and Fish Department, give water to a female baby red-tailed hawk that was found in Eagar during the Wallow Fire on June 14, 2011. The bird appeared to be dehydrated and starving. PHOTO BY: Tom Tingle/The Arizona Republic Wallow Fire 2011 19. Arik Quezada and Jamie Holland chat Saturday as they watch dogs that were evacuated from the Wallow Fire at the Apache County Fairgrounds in St. Johns. More than 250 dogs and cats as well as 100 livestock including horses, pigs, llamas and ostriches are at the shelter. PHOTO BY: David Kadlubowski / The Arizona Republic Wallow Fire 2011 20. Freshly shorn sheep wait to be inoculated and branded Sunday near Greer. Mark Pedersen of Sheep Springs Sheep Co. said they were prepared to move both the cattle and the sheep if they had to. He said the biggest problem with the smoke was that it bothered the sheeps' lungs much the same way it bother people's lungs. PHOTO BY: Jack Kurtz/The Arizona Republic Wallow Fire 2011 21. Kristi Spillman, left, and Judy Cline talk and put on bandannas before leaving their businesses in Greer Sunday. Spillman operates the Frosty Bottom Cafe and Cline the Quacker Barrel. The fire grew to more than 180,000 acres by Sunday with zero containment. A "Type I" incident command team has taken command of the fire. PHOTO BY: Jack Kurtz/The Arizona Republic Wallow Fire 2011 22. Smoke from the Wallow Fire rises Sunday from behind the historic Greer Lodge, which burned to the ground in a separate fire in May. PHOTO BY: Michael Chow/The Arizona Republic Wallow Fire 2011 23. Daric and Patty Knight, displaced by the Wallow Fire, pray during Saturday evening Mass at San Rafael Catholic Church in St. Johns. PHOTO BY: David Kadlubowski/The Arizona Republic Wallow Fire 2011 24. Cory Robberts, 18, loads a box full of baby memorabilia into the family's RV as his brother, Jared Robberts, 10, also packs the RV as the family prepares to evacuate Eagar because of the Wallow Fire on Wednesday. PHOTO BY: David Wallace/The Arizona Republic Wallow Fire 2011 25. Amelia Hernandez, left, of Eagar talks to Becky Coffman, of Springerville who holds her daughter, Ember Coffman, 10 months, at the evacuation center at Blue Ridge High School in Lakeside on Thursday. The American Red Cross set up a shelter at the high school. PHOTO BY: David Wallace/The Arizona Republic Wallow Fire 2011 26. Dave Krick, a year-round resident of Greer, takes a last look before leaving Saturday evening. PHOTO BY: Jack Kurtz/The Arizona Republic Wallow Fire 2011 27. Robb Tyler packs up his home Saturday in Greer. Tyler said more than 5 generations of his family have been coming to Greer and this is the first time they've had to leave because of a fire. PHOTO BY: Jack Kurtz/The Arizona Republic Wallow Fire 2011 28. Aftermath of Rodeo Chediski Fire Today 29. Researchers say this area of the Coconino National Forest, which burned in 1996, is decades away from returning to its native state, if it ever does. They say rising temperatures have weakened trees, raising the potential for devastating wildfires that will open the door to invasive species. Photo by Grant Martin Aftermath of 1996 Coconino Fire Today 30. Arizona has only about 14 to 16 percent private land for a tax base, with large portions of land under control of military bases, tribal lands, state trust lands and federal public lands all not taxable. Many critics say, just budget more money for education. But where would it come from? Arizona spends nearly the same percentage of their budget on education as other states, but our budget pie is a lot smaller. An obvious way to increase the money available for education and other budget items is to get more land to place under production. "Tying Statehood And Education Funding Together", Shirley Dye, Payson Unified School Board member, Payson Roundup, March 7, 2014 31. Federal Control and Cutbacks Imperil Public Safety (3 min.) 32. Gov. Steve Bullock (D-MT) Western Governors Association, June 2013 (3 minutes) 33. This Nation Needs You! 34. To Protect Provide Prosper. 35. Every system is perfectly designed to achieve the results that it gets. 36. to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed Declaration of Independence Role of Government 37. to secure [what] rights ? We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Declaration of Independence 38. Property Manhas three great rights ... the right to his life, the right to his liberty, the right to his property. ... The three rights are so bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave. George Sutherland U.S. Supreme Court Justice 1921 39. Where socialized ownership of land is concerned, only the USSR and China can claim company with the United States. John Kenneth Galbraith Economist 40. Gettysburg Address It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth. Abraham Lincoln November 19, 1863 41. Its Already Been Done Before! 42. Does this sound familiar? The federal government is not disposing of our public lands as it promised; We cant tax the lands to adequately fund education; Our ability to grow our economy and create jobs is stifled; and The federal government is hoarding our abundant minerals and natural resources. 43. IL, MO, IN, AR, LA, AL, MS, Fl, were as much as 90% federally controlled for decades ... 44. One Man... One LEADER... Refused To Be Silent or Take NO for an Answer 45. ... my election to the Senate of the United States ... found me doing battle for an ameliorated system of disposing of our public lands; and with some success. I resolved to move against the whole system ... I did so in a bill, renewed annually for a long time; and in speeches which had more effect upon the public mind than upon the federal legislation ... U.S. Senator Thomas Hart Benton (D-MO) 46. They were as a stepmother, instead of a natural mother: and the federal government being sole purchaser from foreign nations, and sole recipient of Indian cessions, it became the monopolizer of vacant lands of the West: and this monopoly, like all monopolies, resulted in hardships to those upon whom it acted. U.S. Senator Thomas Hart Benton (D-MO) 47. Few, or none of our public men, had raised their voice against this hard policy before I came into the national councils. My own was soon raised there against it: and it is certain that a great amelioration has taken place in our federal land policy during my time: and that the sentiment of Congress, and that of the public generally, has become much more liberal in land alienations; and is approximating towards the beneficent systems of the rest of the world. U.S. Senator Thomas Hart Benton (D-MO) 48. But the members in Congress from the new States should not intermit their exertions, nor vary their policy; and should fix their eyes steadily upon the period of the speedy extinction of the federal title to all the lands within the limits of their respective States ... Thirty Years View, Thomas Hart Benton U.S. Senator Thomas Hart Benton (D-MO) 49. Why Did the Federal Government Ever Own Any Public Lands in the First Place? 50. From the Journals of the Continental Congress, Tuesday, October 10, 1780, pages 915-16: Resolved, That the unappropriated lands that may be ceded or relinquished to the United States, by any particular states, . . . shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican states, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other states . . . That the said lands shall be granted and settled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled. 51. By the United States in Congress assembled. April 23, 1784 Resolved, that so much of the territory ceded, or to be ceded by individual states, to the United States shall be divided into distinct states in the following manner ... THIRD. That they in no case shall interfere with the primary disposal of the soil by the United States in Congress assembled; nor with the ordinances and regulations which Congress may find necessary for securing the title in such soil to the bona fide purchasers. That such state shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original states 52. July 13, 1787, An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio (Northwest Ordinance) to provide also for the establishment of States, and for their admission to a share in the federal councils on an equal footing with the original States The legislatures of those new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers 53. U.S. Constitution Article IV, Section 3 New States The Congress shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. 54. President Andrew Jackson 1767-1845 it is the real interest of each and all the States in the Union, and particularly of the new States, that the price of these lands shall be reduced and graduated, and that after they have been offered for a certain number of years the refuse remaining unsold shall be abandoned to the States and the machinery of our land system entirely withdrawn. It can not be supposed the compacts intended that the United States should retain forever a title to lands within the States which are of no value, and no doubt is entertained that the general interest would be best promoted by surrendering such lands to the States. 55. 20th Congress, 1st Session, House of Reps., Rep. No. 125, Graduate Price of Public Lands, February 5, 1828 Mr. Duncan, from the Committee on the Public Lands, to which the subject had been referred, made the following REPORT: If these lands are to be withheld from sale, which is the effect of the present system, in vain may the People of these States expect the advantages of well settled neighborhoods, so essential to the education of youth, and to the pleasures of social intercourse, and the advantages of religious instruction. Those States will, for many generations, without some change, be retarded in endeavors to increase their comfort and wealth, by means of works of internal improvements, because they have not the power, incident to all sovereign States, of taxing the soil, to pay for the benefits conferred upon its owner by roads and canals. When these States stipulated not to tax the lands of the United States until they were sold, they rested upon the implied engagement of Congress to cause them to be sold, within a reasonable time. No just equivalent has been given those States for a surrender of an attribute of sovereignty so important to their welfare, and to an equal standing with the original States. A remedy for such great evils may be found in carrying into effect the spirit of the Federal Constitution, which knows of no inequality in the powers and rights of the several States; 56. 20th Congress No. 726. 2d Session APPLICATION OF MISSOURI FOR A CHANGE IN THE SYSTEM OF DISPOSING OF THE PUBLIC LANDS. COMMUNICATED TO THE SENATE JANUARY 26, 1829. To the Senate and House of Representatives of the United States: The memorial of the general assembly of the State of Missouri respectfully showeth: That the system of disposing of the public lands of the United States now pursued is highly injurious, in many respects, to the States in which those lands lie, . . . with the present condition of the western States. But the general assembly will state that a perseverance in the present system manifestly appears to them to be . . . an infringement of the compact between the United States and this State; and that the State of Missouri never could have been brought to consent not to tax the lands of the United States whilst unsold; and not to tax the lands sold until five years thereafter, if it had been understood by the contracting parties that a system was to be pursued which would prevent nine- tenths of those lands from ever becoming the property of persons in whose hands they might be taxed. 57. Utah Senate Joint Memorial No. 4, 1915 Asking Congress for a More Liberal National Policy in the Disposition of the Public Domain In harmony with the spirit and letter of the land grants to the national government, in perpetuation of a policy that has done more to promote the general welfare than any other policy in our national life and in conformity with the terms of our Enabling Act, we, the members of the Legislature of the State of Utah, memorialize the President and the Congress of the United States for the speedy return to the former liberal National attitude toward the public domain, and we call attention to the fact that the burden of State and local government in Utah is borne by the taxation of less than one-third the lands of the State, which alone is vested in private or corporate ownership, and we hereby earnestly urge a policy that will afford an opportunity to settle our lands and make use of our resources on terms of equality with the older states, to the benefit and upbuilding of the State and to the strength of the nation. S.J. Meml 4 (Utah 1915), as reprinted in CDC NOV. 2012 REPORT, supra note 42, at 17. 58. Born in Roanoke, Va. in 1883, Thomas Maddock first came to Arizona in 1898 from Newcastle, Pa. A Republican from Coconino County, he was elected to the first Arizona Legislature and later served as Secretary and State Chairman of the Arizona Republican Party. He served as Arizona State Highway Engineer from 1917-1922, and was a member of the Colorado River Commission from 1923 to 1928. He also served as an engineer and general manager of the Gila Valley Irrigation District at Safford from 1939 until his retirement in 1967. Thomas Maddock died in Phoenix in 1971. 59. The Federal Government was intended to be merely a trustee of the lands, to sell them to settlers. 60. Quoting the1832 Public Land Committee of the U.S.: The public debt being now paid, the public lands are entirely released from the pledge they were under to that object and are free to receive a new and liberal destination for the relief of the States in which they lie. The speedy extinction of the Federal title within their limits is necessary to the independence of the new States, to their equality with the older States, to the development of their resources, to the subjection of their soil to taxation, cultivation, and settlement, and to the proper enjoyment of their jurisdiction and sovereignty. 61. A Plan for Transfer of the Public Lands Excerpts taken from the 1932 Congressional Hearings on Granting Remaining Unreserved Public Lands to the States. ... the eleven public land states have twenty-two Senators and the Senate must approve all Bureau appropriations. A little group of about half this number have been the balance of power in the United States Senate for the last decade. If fifteen or twenty of the western Senators will unite on any fair policy for the local control of western lands they can insure its adoption. The Governors of the western states possess the most powerful peace time weapon, publicity. If you gentlemen will unite on a policy of resistance to further Federal encroachment, and the curtailment of present superfluous activity by the Federal Government in affairs that should be handled by officials answerable to the people at the polls, and will arouse the citizens of your commonwealth your Senators will be glad to carry out the wishes of your people, and the control of the lands and resources of your states will be vested where they were intended to be, in the hands of those without whose adjacent residency they would be worthless. Lands and resources have always been obtained or retained by fighting. Human nature has not changed. If the West desires to control its own resources it must fight to do so. Thomas Maddock, from a 1931 address to the Western Governors, added the 1932 Congressional Record in the hearings on Granting Remaining Unreserved Public Lands to the States. 62. 1976 - Federal Land Policy and Management Act (FLPMA) Congress declares that it is the policy of the United States that the public lands be retained in Federal ownership, unless ... it is determined that disposal of a particular parcel will serve the national interest. FLPMA, sec. 102(a)(1) 63. Enabling Acts are "solemn compacts" and "bi- lateral [two-way] agreements" that are to be performed "in a timely fashion" (Andrus v. Utah, 1980); The federal government holds territorial lands in trust for the several states to be ultimately created out of the territory." (Shively v. Bowlby, 1894); EXAMPLES OF LEGAL AUTHORITY 64. "Whenever [i.e. once] the United States shall have fully executed these trusts, the municipal sovereignty of the new states will be complete, throughout their respective borders, and they, and the original states, will be upon an equal footing, in all respects whatever." . . . the United States never held any municipal sovereignty, jurisdiction or right of soil in and for the territory ... of the new States ... except for temporary purposes, and to execute the trusts created by the acts of the Virginia and Georgia Legislatures, and the deeds of cession executed by them to the United States, and the trust created by the treaty with the French Republic of the 30th of April, 1803, ceding Louisiana." (Pollard v. Hagan, 1845). EXAMPLES OF LEGAL AUTHORITY 65. [T]he consequences of admission are instantaneous, and it ignores the uniquely sovereign character of that event to suggest that subsequent events [acts of Congress] somehow can diminish what has already been bestowed. And that proposition applies a fortiori [with even greater force] where virtually all of the States public lands . . .are at stake. 2009 U.S. Supreme Court Hawaii v. Office of Hawaiian Affairs (Unanimous Decision) 66. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 67. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 68. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 69. The Promises are the Same! 70. Why the Difference?? 71. Myth #1 72. Your Land is Arid/Rugged 73. Why the Difference?? 74. YOU GAVE UP YOUR LANDS (NEVER INTERFERE WITH THE PRIMARY DISPOSAL)(FOREVER DISCLAIM ALL RIGHT AND TITLE) 75. NEVER INTERFERE WITH THE PRIMARY DISPOSAL The legislatures of those districts, or new states, shall never interfere with the primary disposal of the soil by the United States in congress assembled, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; Northwest Ordinance of 1787 76. NEVER INTERFERE WITH THE PRIMARY DISPOSAL The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. Adopted Northwest Ordinance as Statehood Enabling Act Illinois (1.1%), Indiana (1.5%), Ohio (1.1%, Wisconsin (5.3%) Public Lands 77. NEVER INTERFERE WITH THE PRIMARY DISPOSAL that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchases thereof Kansas (0.6%) Public Lands 78. NEVER INTERFERE WITH THE PRIMARY DISPOSAL That the foregoing propositions, hereinbefore offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, ... that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof. Oregon Act of Admission, February 14, 1859 Oregon (53%) Public Lands 79. That the legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the constitution and laws of the United States; but no law shall be passed interfering with the primary disposal of the soil; Oregon, 9 Stat. 325, sec. 6 80. that the people inhabiting the said territory, do agree and declare that they forever disclaim all right and title to the waste or unappropriated lands lying within the said territory; and that the same shall be and remain at the sole and entire disposition of the United States... ALABAMA 2.7% PUBLIC LANDS FOREVER DISCLAIM ALL RIGHT AND TITLE ...? 81. that the people inhabiting the said territory do agree and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within the said territory, and that the same shall be and remain at the sole and entire disposition of the United States... LOUISIANA 4.6% PUBLIC LANDS FOREVER DISCLAIM ALL RIGHT AND TITLE ...? 82. That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that no taxes shall be imposed by said state on lands or property therein belonging to or which may hereafter be purchased by the United States. NEBRASKA 1% PUBLIC LANDS FOREVER DISCLAIM ALL RIGHT AND TITLE ...? 83. FOREVER DISCLAIM ALL RIGHT AND TITLE ...? That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use; NORTH DAKOTA (3.9%), SOUTH DAKOTA (5.4%) PUBLIC LANDS BUT ... MONTANA (30%), WASHINGTON (30%) PUBLIC LANDS UNDER THE SAME ENABLING ACT 84. You Didnt Want Your Lands (forever disclaim all right and title) 85. ...that the people inhabiting the said territory, do agree and declare that they forever disclaim all right and title to the waste or unappropriated lands lying within the said territory; and that the same shall be and remain at the sole and entire disposition of the United States... Forever Disclaim All Right and Title ...? 86. Alabama 2.7% Public Lands 87. ...that the people inhabiting the said territory do agree and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within the said territory, and that the same shall be and remain at the sole and entire disposition of the United States... Forever Disclaim All Right and Title ...? 88. Louisiana 4.6% Public Lands 89. That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that no taxes shall be imposed by said state on lands or property therein belonging to or which may hereafter be purchased by the United States. Forever Disclaim All Right and Title ...? 90. Nebraska 1% Public Lands 91. That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States ... Forever Disclaim All Right and Title ...? 92. North Dakota 3.9% Public Lands & South Dakota 5.4% Public Lands 93. That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States ... Forever Disclaim All Right and Title ...? 94. That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States ... Forever Disclaim All Right and Title ...? 95. Alaska, July 7, 1958, 72 Stat. 339, sec. 4, As a compact with the United States said State and its compact with people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by, the United States or is subject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives 96. California, September 9, 1850, 9 Stat. 452, sec. 3, That the said State of California is admitted into the Union upon the express condition that the People of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned. 97. Colorado Enabling Act 1876 That the people inhabiting said Territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the Territory; and that the same shall be and remain at the sole and entire disposition of the United States, and no taxes shall be imposed by the State on lands or property therein belonging to, or which may hereafter be purchased by the United States or reserved for its use; Section 4, Colorado Enabling Act, March 3, 1875 36.2% Public Lands 98. That sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of Congress, other lands, equivalent thereto, are hereby granted to said State for the support of common schools. Section 6, Colorado Enabling Act, March 3, 1875 Colorado Enabling Act 1876 99. That five per centum of the proceeds of the sales of public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all expenses incident to the same, shall be paid to the said State for the purpose of making such internal improvements within said State as the legislature thereof may direct; Section 12, Colorado Enabling Act, March 3, 1875 Colorado Enabling Act 1876 100. In considering the bill now before Congress, H. R. 5840, regarding the conveyance of the public lands to the States, the general position of Colorado can, be briefly outlined as follows: 1. We contend that, in equity and justice, all of the unappropriated lands belong to the State and that the Federal Government is simply holding title as trustee until such time as the State is properly organized to take over and properly administer the same. 2. That the State is entitled to and should receive not only the surface rights of these lands but the subsurface as well. 3. We believe that the State of Colorado can administer these lands and conserve their natural resources to a better advantage than a bureau with headquarters in Washington. ... The moment responsibilities of any community are shifted from any part of the Nation to Washington, then that community has subjected itself to a remote bureaucracy with its minimum of understanding and sympathy. It has lost a large part of its voice and its control of its own destiny. 6. ... When authority is located afar off it is necessarily less well informed, less sympathetic, and less responsive to public requirements. When it is close at hand it is more likely to be executed in the public interest. ARTHUR H. KING Register, Colorado State Board of Land Commissioners, Granting Remaining Unreserved Public Lands to the States, Congressional Hearings, 1932 Colorados Official Position to Congress 101. CONSTITUTION OF THE STATE OF IDAHO ARTICLE XXI SCHEDULE AND ORDINANCE Section 19. ... And the people of the state of Idaho do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indians or Indian tribes; and until the title thereto shall have been extinguished by the United States, the same shall be subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States; ... That no taxes shall be imposed by the state on the lands or property therein belonging to, or which may hereafter be purchased by, the United States, or reserved for its use. ... That this ordinance shall be irrevocable, without the consent of the United States and the people of the state of Idaho. 102. Sec. 7. That five percentum of the proceeds of the sales of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State. Idaho Act of Admission, July 3, 1890 103. Organic Act, March 3, 1863 104. Arizona Enabling Act 1910 That the people inhabiting said proposed state do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States; AZ ST, ENABLING ACT, Sec. 20 105. That five per centum of the proceeds of sales of public lands lying within said state which shall be sold by the United States subsequent to the admission of said state into the Union, after deducting all the expenses incident to such sales, shall be paid to the said state to be used as a permanent inviolable fund, distributions from which shall be made in accordance with the first paragraph of section 28 and shall be expended for the support of the common schools within said state. AZ ST, ENABLING ACT, Sec. 27 Arizona Enabling Act 1910 106. Arizona 36.2% Public Lands 107. Forever Disclaim All Right and Title ...? That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use; Montana 30% Public Lands 27,000,000 acres Montanas Enabling Act is not just the same language ... Its The Same Document as ND & SD! 108. 5% of Proceeds SHALL be paid to MT That five per centum of the proceeds of the sales of public lands lying within said States which shall be sold by the United States subsequent to the admission of said States into the Union, after deducting all the expenses incident to the same, shall be paid to the said States, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said States, respectively. -- Montana, Washington, North Dakota, South Dakota Enabling Act of 1889 13 109. U.S. Senator Walsh (MT) Ran Legislation in 1932 to Grant Surface Rights and Mineral Rights to the States to counter the proposed legislation to grant only the surface rights to the States. 110. Nevada, March 21, 1864, 13 Stat. 31, sec. 4, cl. 3, Sec. 4. That the members of the convention, thus elected, shall meet at the capital of said territory on the first Monday in July next, and, after organization, shall declare, on behalf of the people of said territory, that they adopt the constitution of the United States. Whereupon the said convention shall be, and it is hereby, authorized to form a constitution and state government for said territory; Provided, That the constitution, when formed, shall be republican, and not repugnant to the constitution of the United States, and the principles of the Declaration of Independence; And provided further, That said convention shall provide, by an ordinance irrevocable, without the consent of the United States and the people of said state: Third. That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States. Nebraska, April 19, 1864, 13 Stat. 48, sec. 4, cl. 3, is the same as Nevada. 111. New Mexico, June 10, 1910, 36 Stat. 558-9, sec. 2, cl. 2, Sec. 2. The constitution shall be republican in form and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said convention shall provide, by an ordinance irrevocable without the consent of the United States and the people of said State Second. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that until the title of such Indian or Indian tribes shall have been extinguished the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States 112. New Mexico, 9 Stat. 449, sec. 7 CHAP. XLIX. Act proposing to the State of Texas to Establish her Northern and Western Boundaries, the Relinquishment by the said State of all Territory claimed by her exterior to said Boundaries, and of all her Claims upon the United States, and to establish a territorial Government for New Mexico Sec. 2 . And be it further enacted, That all that portion of the Boundary Territory of the United States bounded as follows: be, and the same is hereby; erected into a temporary government, by the name of the Territory of New Mexico: Sec. 7. And be it further enacted, That the legislative power of the Legislative Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; 113. Oregon, February 14, 1859, 11 Stat. 383, sec. 4, cl. 5, That the foregoing propositions, hereinbefore offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof. 114. Oregon, 9 Stat. 325, sec. 6 That the legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the constitution and laws of the United States; but no law shall be passed interfering with the primary disposal of the soil; 115. When Oregon Country was organized as the Territory of Oregon (4 Stat.323, (1848)), the Northwest Ordinance was carried into the territory; Sec. 14. And be it further enacted, That the inhabitants of said Territory shall be entitled to enjoy all and singular the rights, privileges, and advantages granted and secured to the people of the territory of the United States north-west of the River Ohio, by the articles of compact contained in the ordinance for the government of said territory, on the thirteenth day of July, seventeen hundred and eighty-seven. 116. Same! That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof; ... and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States,... Section 3, Utah Enabling Act, July 16, 1894 Utah 66.5% Public Lands 117. Same! That five per centum of the proceeds of the sales of public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State. Section 9, Utah Enabling Act, July 16, 1894 Utah 66.5% Public Lands 118. Utah Senate Joint Memorial, No. 4, 1915 119. Forever Disclaim All Right and Title ...? That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use; Washington 30% Public Lands 12,200,000 acres Washingtons Enabling Act is not just the same language ... Its The Same Document as ND & SD! 120. 5% of Proceeds SHALL be paid to WA That five per centum of the proceeds of the sales of public lands lying within said States which shall be sold by the United States subsequent to the admission of said States into the Union, after deducting all the expenses incident to the same, shall be paid to the said States, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said States, respectively. -- Montana, Washington, North Dakota, South Dakota Enabling Act of 1889 13 121. When Oregon Country was organized as the Territory of Oregon (4 Stat.323, (1848)), the Northwest Ordinance was carried into the territory; Sec. 14. And be it further enacted, That the inhabitants of said Territory shall be entitled to enjoy all and singular the rights, privileges, and advantages granted and secured to the people of the territory of the United States north-west of the River Ohio, by the articles of compact contained in the ordinance for the government of said territory, on the thirteenth day of July, seventeen hundred and eighty-seven. Washington 122. When the Territory of Washington was separated from the Territory of Oregon (10 Stat. 172, sec. 12 (1853)), the existing laws in the Territory of Oregon continued in force in the Territory of Washington. And be it further enacted, That the laws now in force in said Territory of Washington, by virtue of the legislation of Congress in reference to the Territory of Oregon are hereby, continued in force in said Territory of Washington until they shall be repealed or amended by future legislation. Article 27, Section 2, of the Washington State Constitution, states: All laws now in force in the Territory of Washington, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the legislature: 123. Therefore, by section 12, 10 Stat. 172, and the State Constitution, the Northwest Ordinance became the law for the disposition of the lands within the Territory and the State of Washington when it was admitted into the Union of States. With this history in mind, the people of the Territory of Washington, who voted for the Constitution for the State of Washington, had every right to expect and believe the United States would continue to dispose of the public lands pursuant to the trust established by the Northwest Ordinance of 1787, and the act of Congress on August 7, 1789. 124. The enacting clause of Article 26 states, The following ordinance shall be irrevocable without the consent of the United States and the people of this state. Under this clause, the United States had no power or authority to change the law (the Northwest Ordinance) from disposal of the land to retention of it in the name of the United States, without the consent of the people of this state. 125. Forever Disclaim All Right and Title ...? Sec. 3. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States and no taxes shall be imposed by this state on lands or property therein, belonging to, or which may hereafter be purchased by the United States, or reserved for its use. Wyoming Constitution Article XXI (48.2%) 126. Never Interfere with the Primary Disposal no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States, nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents, Wyoming Organic Act (48.2%) 127. Five Percent Shall Be Paid to the State Sec. 7. That 5 per cent of the proceeds of the sales of public lands lying within said state which shall be sold by the United States subsequent to the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to the said state, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said state. Wyoming Act of Admission (48.2%) 128. SENATE JOINT MEMORIAL (S. J. No.6) TO CONGRESS RELATING TO THE DELIVERY TO THE STATES OF ALL UNAPPROPRIATED PUBLIC LANDS February 7, 1929, delivered to printing committee. (This resolution was presented by President Perry W. Jenkins, of the Wyoming State Senate and was unanimously adopted by both houses and was followed by an appropriation of $10,000 for the purpose of carrying out the objects of the memorial.) Be it resolved by the Senate of the State of Wyoming, the House of Representatives concurring, That the Congress of the United States be memorialized as follows: Whereas the State of Wyoming is composed of lands acquired under four treaties: (1) Louisiana, 1803, (2) Texas, 1845, (3) Oregon, 1864, and (4) Mexico, 1848; Whereas in the Louisiana Purchase treaty, covering land out of which most of the State is taken, it is provided: "The inhabitants of the ceded territory shall be incorporated into the Union of the United States, and admitted as soon as possible according to the principles of the Federal Constitution to the enjoyment of all the rights, advantages, and immunities of the citizens of the United States; and in the meantime, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess." Whereas in the act of admission of Wyoming, approved July 10, 1890, the enactment clause reads: " Be it enacted, etc., That the State of WYoming is hereby declared to be a State of the United States of America and is hereby declared admitted into the Union on an equal footing with the original States in all respects whatever and that the constitution which the people of Wyoming have formed for themselves be, and the same is hereby accepted, ratified, and confirmed." 129. SENATE JOINT MEMORIAL (S. J. No.6) TO CONGRESS RELATING TO THE DELIVERY TO THE STATES OF ALL UNAPPROPRIATED PUBLIC LANDS February 7, 1929, delivered to printing committee. Whereas we desire the trust to be fulfilled just as it was with Ohio, IndIana, Iowa, Nebraska, and Alabama, and other States originally situated, as are the public land, States now; Whereas we confidently believe that the prayer of this joint memorial will appeal, not only to the remaining 10 public-land States Similarly situated, but also to all other States of the United States, as founded on justice and equality; Therefore we, the Senate and House of Representatives of the State of Wyoming, hereby memorialize the Congress of the United States to enact such legislation as will cause the return by the United States to the States comprising said Government of all vacant and unappropriated lands, together with all natural resources, including water power, power sites, forests, and minerals now held in trust by the Federal Government within the borders of any of the said States; 130. Its The Only Solution Big Enough! 131. Congressman Rob Bishop Education Funding Disparity (1 Minute) 132. Because we dont control our land, we lose 1. Property tax 2. Income Tax 3. Severance Tax 4. Royalty Payments 5. Economic Multiplier Effect 133. Oregons $25.4 Billion Annual Revenues Oregons Looming $11.5 Billion Budget Hole 45.4% The $11.5 Billion of Federal Funds Idaho Spends Annually 45.4% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, 134. Arizonas $31.5 Billion Annual Revenues Copyright (c) 2011 Ken Ivory All Rights Reserved The $16.3 Billion of Federal Funds Arizona Spends Annually Arizonas Looming $16.3 Billion Budget Hole 51.7% Source: Intergovernmental Financial Dependency: A Study of Key Dependency Measures for the 50 States, CliftonLarsenAllen, LLP, 2012 135. olorados $24.8 Billion Annual Revenue Copyright (c) 2011 Ken Ivory All Rights Reserved The $11.4 Billion of Federal Funds Colorado Spends Annually Colorado Looming $11.4 Billion Budget Hole 46.1% Source: Intergovernmental Financial Dependency: A Study of Key Dependency Measures for the 50 States, CliftonLarsenAllen, LLP, 2012 136. Idahos $7.9 Billion Annual Revenues Idahos Looming $3.3 Billion Budget Hole The $3.3 Billion of Federal Funds Idaho Spends Annually 42.1% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP Copyright (c) 2011 Ken Ivory All Rights Reserved 137. Montanas $7 Billion Annual Revenues Montanas Looming $2.9 Billion Budget Hole 41.6% The $2.9 Billion of Federal Funds Montana Spends Annually 41.6% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP Copyright (c) 2011 Ken Ivory All Rights Reserved 138. evadas $11.2 Billion Annual Revenue The $5.4 Billion of Federal Funds Nevada Spends Annually Nevadas Looming $5.4 Billion Budget Hole 48.6% Source: Intergovernmental Financial Dependency: A Study of Key Dependency Measures for the 50 States, CliftonLarsenAllen, LLP, 2012 Copyright (c) 2011 Ken Ivory All Rights Reserved 139. Utahs $16.2 Billion Annual Revenues Utahs Looming $7.3 Billion Budget Hole The $7.3 Billion of Federal Funds Utah Spends Annually 45.3% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP Copyright (c) 2011 Ken Ivory All Rights Reserved 140. Washingtons $43.6 Billion Annual Revenues Washington s Looming $18.3 Billion Budget Hole 42% The $18.3 Billion of Federal Funds Washington Spends Annually 42% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP Copyright (c) 2011 Ken Ivory All Rights Reserved 141. Wyomings $7.3 Billion Annual Revenues The $1.1 Billion of Federal Funds Wyoming Spends Annually Wyomings Looming $1.1 Billion Budget Hole 15.6% Source: Intergovernmental Financial Dependency: A Study of Key Dependency Measures for the 50 States, CliftonLarsenAllen, LLP, 2012 Copyright (c) 2011 Ken Ivory All Rights Reserved 142. Sen. Lisa Murkowski, U.S. Senate Energy and Natural Resources Committee, March 19, 2013 (3 Minutes) 143. Why The difference? 144. Why The difference? 145. Why The difference? 146. Why The difference? 147. Why The difference? 148. U.S. House of Representatives - Natural Resources Committee State Forests Management Superior to Federal Forests for Job Creation, Revenue Production, Local Economies and Fire Prevention February 26, 2103 149. State Managed Public Lands High Low Average High Low Average Federally Managed Public Lands 150. What Do We Do About It? 151. Governor Herbert Signing 2104 Transfer of Public Lands Bills April 16, 2014 152. TPL Legislative Summit Next Steps: Educate Delegate Legislate Litigate 153. What Can You Do Now? Educate Donate Delegate 154. Educate Know & Share Key Points from www.AmericanLandsCouncil.com Share Info from the Resources Tab Like & Share American Lands Council Facebook Page and posts Think Benjamin Franklin with a Facebook Page, etc. Follow us onTwitter @AmericanLandsCn #TransferPublicLands & #HonorThePromise Subscribe to the ALC Youtube Channel https://www.youtube.com/user/AmericanLandsCouncil Open Doors Lisa Galvez (Cards) & Marti Halverson (Resolutions) 155. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 156. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 157. https://www.youtube.com/user/AmericanLandsCouncil/videos For more information Text the word Land to 58885 158. https://www.facebook.com/AmericanLandsCouncil For more information Text the word Land to 58885 159. For more information Text the word Lands to 58885 @AmericanLandsCn 160. Lisa Galvez 161. WY Rep. Marti Halverson 162. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 163. Donate Money and Manpower Make the Difference Bert & Kathy Smith Counties Businesses and Organizations Individuals 164. Bert & Kathy Smith 165. Delegate Campaign Project - Hire & Inspire only those local, state, and national representatives who have the Knowledge & Courage to Battle For the Only Solution Big Enough - #TransferPublicLands Sen. Jennifer Fielder MT Flathead Republican Women Association (Job Interviews - Bookmarks) Rep. Alan Clemmons South Carolina (Resolution) Commissioner Alan Gardner (Resolutions) 166. www.AmericanLandsCouncil.org For more information Text the word Land to 58885 167. MT Sen. Jennifer Fielder Sen. Fielder presented comprehensive legal, economic, environmental, and historical case for TPL plus current happenings. All four candidates for U.S. Congress went on the record in favor of transferring federally controlled public lands to the states. 168. Flathead Montana Republican Womens Forum Candidate Meet & Greet - Vital Questions (1 min 20 secs) 169. South Carolina Rep. Alan Clemmons 170. Commissioner Doug Heaton Kane County UT 171. Rick Davis City Manager West Jordan, UT 172. Commissioner Alan Gardner Washington County UT 173. The Only Solution Big Enough - Overview Video 3 minutes 174. www.AmericanLandsCouncil.org Ken Ivory 801.694.8380 [email protected] American Lands Council @AmericanLands Cn 175. You and I have the courage to say to our enemies, There is a price we will not pay. There is a point beyond which they must not advance. And thisthis is the meaning in the phrase peace through strength. Winston Churchill said, The destiny of man is not measured by material computations. When great forces are on the move in the world, we learn were spiritsnot animals. And he said, Theres something going on in time and space, and beyond time and space, which, whether we like it or not, spells duty. You and I have a rendezvous with destiny. Well preserve for our children this, the last best hope of man on earth, or well sentence them to take the last step into a thousand years of darkness. Ronald Reagan A Time for Choosing 176. Knowledge & Courage 177. "Of course we will face fear, experience ridicule, and meet opposition. Let us have the courage to defy the consensus, the courage to stand for principle. Courage, not compromise, brings the smile of Gods approval. ... A moral coward is one who is afraid to do what he thinks is right because others will disapprove or laugh. Remember that all men have their fears, but those who face their fears with dignity have courage as well." Thomas S. Monson 178. The soft-minded man always fears change. he feels security in the status quo and has an almost morbid fear of the new. for him, the greatest pain is the pain of a new idea. Martin Luther King, Jr.