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The Only Solution Big Enough!

Ken Ivory
801.694.8380
ken@americanlandscouncil.org
The Only Solution Big Enough!

Four Main Points
•Federal land “management” threatens western
communities and weakens the nation;
• History, law, and the terms of all Statehood agreements
(“Enabling Acts”) obligate the federal government to
dispose of the public lands;
•It’s Been Done Before!
•We have a window of opportunity for The Only Solution
Big Enough to (i) fund education; (ii) better care for our
lands and forests; (iii) protect access; (iv) create jobs; and
(v) grow local, state, and national economies and tax
base.
"Every system is
perfectly designed to
achieve the results that
it gets.”
W. Edwards Deming
Washington’s $43.6 Billion Annual Revenues

Washington’s	
  
The $18.3 Billion of
Looming
“Federal Funds”
Washington Spends
$18.3	
  Billion
Annually
42%
Budget	
  Hole
42%

Source: Intergovernmental Dependency: A Study of Key Dependency
Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
Washington’s $43.6 Billion Annual Revenues

Washington’s	
  
Looming
$18.3	
  Billion
Budget	
  Hole
42%

Source: Intergovernmental Dependency: A Study of Key Dependency
Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
The States in red have the hardest
time growing education funds…

…Notice anything similar?
Congressman Rob Bishop
Education Funding Disparity
(1 Minute)
More than $150 Trillion in Minerals
Locked Up in Federally Controlled Lands ...
More than $150 Trillion in Minerals
Locked Up in Federally Controlled Lands ...

“a total worth to the economy of fossil fuels on
federal lands of $150.5 trillion, over 9
times our national debt.”Federal Assets Above and
Below Ground, Institute for Energy Research, Feburary 17, 2013
This map shows locations that
experienced wildfires greater than
250 acres, from 1980 to 2003. Credit:
Bureau of Land Management/U.S. Forest Service/U.S. Fish
and Wildlife Service/Bureau of Indian Affairs/National Park
Service/USGS
2012 Sheep Fire, Idaho County, ID
2012 Sheep Fire, Idaho County, ID
2012 Sheep Fire, Idaho County, ID
2012 Saratoga Springs Fire, Utah County, UT
2012 Saratoga Springs Fire, Utah County, UT
Wildfire impact on Air Quality
To Infinity, and
Beyond!
Could it be time for a New Conversation
about Our Public Lands?
Property

George Sutherland
U.S. Supreme Court Justice
1921

“man—has 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.”
John Kenneth Galbraith
Economist

“Where socialized
ownership of land
is concerned, only
the USSR and
China can claim
company with the
United States.”
Does this sound familiar . . .
The federal government is not disposing of
our public lands as it promised;
We can’t tax the lands to adequately fund
education;
Our ability to grow our economy and
generate well-paying jobs is stifled; and
The federal government is hoarding our
abundant minerals and natural resources.
Illinois, Missouri and other states
(IN, MO, AR, AL, LA, MS, FL)
had as much as 90% federally
controlled lands for decades!
It’s Been Done Before!

One Man;
One LEADER;
Refused To Be Silent
or Take “NO”
for an Answer
U.S. Senator
Thomas Hart Benton
(D-MO)

“... 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)

“The new States of the West were the
sufferers by this federal land policy. They
were in a different condition from other
States. In these others, the local
legislatures held the primary disposal of
the soil, so much as remained vacant
within their limits, and being of the same
community, made equitable alienations
among their constituents. In the new
States it was different. The federal
government held the primary disposition
of the soil; and the majority of Congress
(being independent of the people of these
States), was less heedful of their wants and
wishes.”
U.S. Senator
Thomas Hart Benton
(D-MO)

“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)

“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.”
“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 ...”
U.S. Senator
Thomas Hart Benton
(D-MO)

Thirty Years View, Thomas Hart Benton
Hawaii	
  (the	
  last	
  and	
  Western-­‐most	
  State)	
  
“…	
  the	
  United	
  States	
  grants	
  to	
  
the	
  State	
  of	
  Hawaii,	
  effective	
  
upon	
  its	
  admission	
  into	
  the	
  
Union,	
  the	
  United	
  States’	
  title	
  
to	
  all	
  the	
  public	
  lands	
  and	
  
other	
  public	
  property	
  within	
  the	
  
boundaries	
  of	
  the	
  State	
  of	
  
Hawaii,	
  title	
  to	
  which	
  is	
  held	
  
by	
  the	
  United	
  States	
  
immediately	
  prior	
  to	
  its	
  
admission	
  into	
  the	
  Union.”	
  Hawaii	
  
Enabling	
  Act,	
  March	
  18,	
  1959
Why the Difference??
“Your Land is Arid/Rugged”
Why the Difference??
“You Gave Up Your Lands”
(“forever disclaim all right and title”)
Forever Disclaim All Right and Title ...?

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 ...?

Alabama
2.7% Public Lands
Forever Disclaim All Right and Title ...?

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 ...?

Louisiana
4.6% Public Lands
Forever Disclaim All Right and Title ...?
“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 ...?

Nebraska
1% Public Lands
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;”
Forever Disclaim All Right and Title ...?

North Dakota
3.9% Public Lands
&
South Dakota
5.4% Public Lands
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;”
Forever Disclaim All Right and Title ...?

Washington
30% Public Lands
12,200,000 acres
Washington’s Enabling Act
is not just the same language ...
It’s The Same Document as ND & SD!
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
So, Why Does the Federal
Government Have Title Anyway??
How the West Was Created . . .
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.”
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 …”
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 …”
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.
Madison Debates
Tuesday, August 30, 1787
In Convention

Mr. WILSON ... There was nothing in the Constitution affecting one way or the
other the claims of the U. S. & it was best to insert nothing leaving every thing
on that litigated subject in statu quo.
Mr. MADISON ... He thought it best on the whole to be silent on the subject.
He did not view the proviso of Mr. Carrol as dangerous; but to make it neutral & fair,
it ought to go farther & declare that the claims of particular States also should
not be affected.
...
Mr. CARROL withdrew his motion and moved the following. "Nothing in this
Constitution shall be construed to alter the claims of the U. S. or of the
individual States to the Western territory, ...."
Mr. Govr. MORRIS moved to postpone this in order to take up the following.
"The Legislature shall have power to dispose of and make all needful rules and
regulations respecting the territory or other property belonging to the U. States; and
nothing in this constitution contained, shall be so construed as to prejudice
any claims either of the U. S. or of any particular State." -The postponemt. agd. to nem. con.
“… it is the real interest of each and all the States in the Union, and

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
particularly of the new States, that

be supposed the compacts intended that the United States should
retain forever a title to lands within the States which are of no value,

the general
interest would be best
promoted by surrendering such
lands to the States.”
and no doubt is entertained that

President Andrew Jackson
1767-1845
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;
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.
Examples of Legal Authority
• 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);
• "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).
Taylor Grazing Act of 1934
The Federal Land Policy and Management Act of
1976 (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)
Sen. Lisa Murkowski, U.S. Senate Energy and Natural Resources Committee,
March 19, 2013 (3 Minutes)
PRESENTATION TO THE NEVADA LAND
MANAGEMENT TASK FORCE

MIKE L. BAUGHMAN, Ph.D., CEcD
PRESIDENT
INTERTECH SERVICES CORPORATION
August 16, 2013
STATE VS. FEDERAL MANAGEMENT: AN ECONOMIC
COMPARISON
 States Can and Do Manage Public Lands Profitably (Table 2
from 1996 Intertech Report)

 BLM Consistently Spends More Than It Takes In To

Manage Public Land (Table 2 from 1996 Intertech Report)
 BLM Labor Is Less Efficient Than States in Managing Land
(Table 4 from 1996 Intertech Report)
 Wildfire Suppression Costs Are Greater Per Acre for BLM
than for States (Tables 9 and 14 from 1996 Intertech Report)

5
Multi-State Observed High, Observed Low, and Average Management
Costs and Revenues for States and BLM: Selected States, 1989-1994
Multi-State Averages 1

States
Observed High

Observed Low

BLM
Average

Observed High

Observed Low

Average

Revenues

$133,243,099

$24,879,522

$62,313,472

$4,619,065

$1,847,799

$3,126,573

Expenses

$21,524,275

$5,703,916

$11,416,671

$40,072,452

$20,286,000

$29,156,971

$127,539,183

$15,610,897

$50,896,802

($18,438,201)

($35,453,387)

($26,030,398)

13,320,000

2,389,144

7,222,470

22,092,130

11,863,284

15,212,061

Revenues Per Acre

$15.96

$5.72

$9.48

$0.36

$0.12

$0.22

Expenses Per Acre

$9.01

$0.43

$3.20

$3.11

$1.13

$2.08

Net Profit (Loss)
Total Acres Managed

Source: Table 2 from “Alternatives for Management of a Expanded State Land Base in Nevada”, Intertech Services
Corporation, prepared for Eureka County, Nevada, February , 1996.

6
Multi-State Observed High, Observed Low, and Average Management
Costs and Revenues for States and BLM: Selected States, 1989-1994 Cont’d.

Net Profit Per Acre

$9.57

$4.36

$6.29

($2.75)

($1.01)

($1.86)

95,037

9,888

50,817

73,178

15,549

35,684

Revenues Per FTE

$949,088

$152,437

$425,366

$9,154

$4,398

$6,179

Net Profit Per FTE

$908,571

$63,761

$355,100

($42,680)

($73,273)

($51,751)

Grazing Revenues

$5,901,873

$437,464

$2,313,048

$3,024,634

$807,132

$1,812,621

$0.68

$0.12

$0.41

$0.27

$0.07

$0.15

0.1968

0.0571

0.1312

0.1721

0.0652

0.1084

$25,408,596

$24,259

$12,716,428

$738,673

$11,934

$212,391

Acres Per FTE

Grazing Revenues/Acre
AUMs Per Acre
Timber Revenues

Source: Table 2 from “Alternatives for Management of a Expanded State Land Base in Nevada”, Intertech Services
Corporation, , prepared for Eureka County, Nevada, February , 1996.

7
2009 U.S. Supreme Court
Hawaii v. Office of Hawaiian Affairs
(Unanimous Decision)
“‘[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 State’s public lands . . .are
at stake.”
“A Legal Overview of Utah’s H.B. 148 – The Transfer of Public Lands Act”
Donald J. Kochan
The Federalist Society for Law and Public Policy Studies

•Distinct from prior state efforts to resolve the issue of federal control over more
50% of all lands in the West.

•The

U.S. Supreme Court calls statehood enabling acts “solemn bilateral
compacts” between sovereigns that are serious and enforceable.

•Read as a whole, the plain language of the enabling acts reflects
•not just a duty on the part of Utah to give clean title

to the federal

government (i.e. “forever disclaim all right and title”)

•but also a duty on the part of the federal government to timely dispose of
the public lands (“until the title thereto shall have been extinguished by the
United States”)

•Utah’s benefit of the bargain in this “solemn agreement”
• part of the proceeds of sale paid directly to the State to fund education; and
• the ability to generate revenue from the lands to pay for public services.
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  Text	
  “Land”	
  to	
  58885
What Can “I” Do?

Leverage!
“Give me a lever long enough and a fulcrum on which to
place it and I will move the world.” - Archimides 340 A.D.

UNIT

ED St
ates

Natio
nal

Orgs

State

Coun

Congressional
Transfer
of Public
Lands!

ty C
i ty O
rgani
zatio
ns F
riend
s

Fami

ly Yo
u

Jurisdiction

Leverage!
South Carolina House Resolution
"it will be their own FAULTS,
if the several states suffer the
federal sovereignty to
interfere in the things of
their respective
jurisdictions."
John Dickinson (Fabius), Letter III, 1788 (all caps in original)
The Only Solution Big Enough!
•Federal land “management” is threatening western
communities and weakening our nation;
• The Promises are the Same to dispose of the public
lands;
•It’s Been Done Before!

•It will be our own faults if we fail to “do battle” like Thomas Hart Benton - for The Only Solution Big
Enough to (i) fund education; (ii) better care for our lands
and forests; (iii) protect access; (iv) create jobs; and (v)
grow local, state, and national economies and tax base.
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The Only Solution Big Enough - Overview Video
3 minutes
Questions?
www.AmericanLandsCouncil.org
Ken Ivory
801.694.8380
Ken@americanlandscouncil.org

American Lands Council

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3	
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The Line as Understood for nearly 150 Years
“Congress has been given the right to legislate
on . . . particular subject[s], but this is not the case
in the matter of a great number of other vital
problems of government, such as the conduct of
public utilities, of banks, of insurance, of business,
of agriculture, of education, of social welfare and
of a dozen other important features. In these,

Washington must not be encouraged to
interfere.”
The Line as Understood for nearly 150 Years
“Congress has been given the right to legislate
on . . . particular subject[s], but this is not the case
in the matter of a great number of other vital
problems of government, such as the conduct of
public utilities, of banks, of insurance, of business,
of agriculture, of education, of social welfare and
of a dozen other important features. In these,

Washington must not be encouraged to
interfere.”

Governor Franklin Delano Roosevelt (D-NY), March 2, 1930
With No Material Change in the Constitution,
Why the Dramatic Increase in Federal Spending?

Today, Federal
Spending is
approximately
26% of GDP

1792-1930, Federal
spending averaged
approx. 3% of GDP
“The Line”
"It must be done by the States
themselves, erecting such
barriers at the constitutional line
as cannot be surmounted either
by themselves or by the General
Government."
Thomas Jefferson, Letter to Archibald Stuart,
1791.
"it will be their own
FAULTS, if the several states
suffer the federal
sovereignty to interfere in
the things of their respective
jurisdictions."
John Dickinson (Fabius), Letter III, 1788 (all caps in original)
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;
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.
It’s Already Been Done Before!
A Tale of Two Cities [States]
Why Would We Not Want
Increases in Jobs . . . Wealth . . . Tax Revenues?
May 15, 2012
It’s The Only Solution Big Enough!
To Infinity, and
Beyond!
Idaho’s $7.9 Billion Annual Revenues

Idaho’s	
  
The $3.3 Billion of
Looming
“Federal Funds”
Idaho Spends Annually
$3.3	
  Billion
42.1%
Budget	
  Hole

Source: Intergovernmental Dependency: A Study of Key Dependency
Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
Idaho’s $7.9 Billion Annual Revenues

Idaho’s	
  
Looming
$3.3	
  Billion
Budget	
  Hole

Source: Intergovernmental Dependency: A Study of Key Dependency
Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
Utah’s $13 Billion Annual Budget

Utah’s	
  Looming
$5.2	
  Billion
The $5.2 Billion of
“Federal Funds”
Budget	
  Hole
Utah Spends Annually
Utah’s $13 Billion Annual Budget

Utah’s	
  Looming
$5.2	
  Billion
Budget	
  Hole
2012 Sheep Fire, Idaho County, ID
2012 Sheep Fire, Idaho County, ID
2012 Sheep Fire, Idaho County, ID
2012 Saratoga Springs Fire, Utah County, UT
2012 Saratoga Springs Fire, Utah County, UT
What will WE do ...
... with this

Window of Opportunity?
Summary
* It’s Already Been Done Before!
* The Promises are the Same!
* This is the Only Solution Big Enough!
* We must to LEVERAGE ourselves and
Refuse to be Silent!
Are We Not A State?
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."
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;
Wyoming’s $7.3 Billion Annual Revenues

The $1.1 Billion
of “Federal Funds”
Wyoming Spends Annually

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
Wyoming’s $7.3 Billion Annual Revenues

Wyoming’s
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
The Promises are the Same!
What Can “I” Do?
Learn	
  and	
  Share	
  
Text	
  “Lands”	
  to	
  801.252.6962
Email	
  “Lands”	
  to	
  
learn@americanlandscouncil.org

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The Only Solution Big Enough

  • 1. The Only Solution Big Enough! Ken Ivory 801.694.8380 ken@americanlandscouncil.org
  • 2. The Only Solution Big Enough! Four Main Points •Federal land “management” threatens western communities and weakens the nation; • History, law, and the terms of all Statehood agreements (“Enabling Acts”) obligate the federal government to dispose of the public lands; •It’s Been Done Before! •We have a window of opportunity for The Only Solution Big Enough to (i) fund education; (ii) better care for our lands and forests; (iii) protect access; (iv) create jobs; and (v) grow local, state, and national economies and tax base.
  • 3. "Every system is perfectly designed to achieve the results that it gets.” W. Edwards Deming
  • 4.
  • 5. Washington’s $43.6 Billion Annual Revenues Washington’s   The $18.3 Billion of Looming “Federal Funds” Washington Spends $18.3  Billion Annually 42% Budget  Hole 42% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
  • 6. Washington’s $43.6 Billion Annual Revenues Washington’s   Looming $18.3  Billion Budget  Hole 42% Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
  • 7. The States in red have the hardest time growing education funds… …Notice anything similar?
  • 8. Congressman Rob Bishop Education Funding Disparity (1 Minute)
  • 9. More than $150 Trillion in Minerals Locked Up in Federally Controlled Lands ...
  • 10. More than $150 Trillion in Minerals Locked Up in Federally Controlled Lands ... “a total worth to the economy of fossil fuels on federal lands of $150.5 trillion, over 9 times our national debt.”Federal Assets Above and Below Ground, Institute for Energy Research, Feburary 17, 2013
  • 11.
  • 12.
  • 13.
  • 14.
  • 15. This map shows locations that experienced wildfires greater than 250 acres, from 1980 to 2003. Credit: Bureau of Land Management/U.S. Forest Service/U.S. Fish and Wildlife Service/Bureau of Indian Affairs/National Park Service/USGS
  • 16.
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  • 18.
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  • 20.
  • 21. 2012 Sheep Fire, Idaho County, ID
  • 22. 2012 Sheep Fire, Idaho County, ID
  • 23. 2012 Sheep Fire, Idaho County, ID
  • 24. 2012 Saratoga Springs Fire, Utah County, UT
  • 25. 2012 Saratoga Springs Fire, Utah County, UT
  • 26.
  • 27.
  • 28. Wildfire impact on Air Quality
  • 29.
  • 30.
  • 32.
  • 33.
  • 34.
  • 35.
  • 36.
  • 37.
  • 38.
  • 39. Could it be time for a New Conversation about Our Public Lands?
  • 40. Property George Sutherland U.S. Supreme Court Justice 1921 “man—has 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.”
  • 41. John Kenneth Galbraith Economist “Where socialized ownership of land is concerned, only the USSR and China can claim company with the United States.”
  • 42. Does this sound familiar . . . The federal government is not disposing of our public lands as it promised; We can’t tax the lands to adequately fund education; Our ability to grow our economy and generate well-paying jobs is stifled; and The federal government is hoarding our abundant minerals and natural resources.
  • 43. Illinois, Missouri and other states (IN, MO, AR, AL, LA, MS, FL) had as much as 90% federally controlled lands for decades!
  • 44. It’s Been Done Before! One Man; One LEADER; Refused To Be Silent or Take “NO” for an Answer
  • 45. U.S. Senator Thomas Hart Benton (D-MO) “... 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 ...”
  • 46. U.S. Senator Thomas Hart Benton (D-MO) “The new States of the West were the sufferers by this federal land policy. They were in a different condition from other States. In these others, the local legislatures held the primary disposal of the soil, so much as remained vacant within their limits, and being of the same community, made equitable alienations among their constituents. In the new States it was different. The federal government held the primary disposition of the soil; and the majority of Congress (being independent of the people of these States), was less heedful of their wants and wishes.”
  • 47. U.S. Senator Thomas Hart Benton (D-MO) “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.”
  • 48. U.S. Senator Thomas Hart Benton (D-MO) “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.”
  • 49. “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 ...” U.S. Senator Thomas Hart Benton (D-MO) Thirty Years View, Thomas Hart Benton
  • 50. Hawaii  (the  last  and  Western-­‐most  State)   “…  the  United  States  grants  to   the  State  of  Hawaii,  effective   upon  its  admission  into  the   Union,  the  United  States’  title   to  all  the  public  lands  and   other  public  property  within  the   boundaries  of  the  State  of   Hawaii,  title  to  which  is  held   by  the  United  States   immediately  prior  to  its   admission  into  the  Union.”  Hawaii   Enabling  Act,  March  18,  1959
  • 52.
  • 53. “Your Land is Arid/Rugged”
  • 55. “You Gave Up Your Lands” (“forever disclaim all right and title”)
  • 56. Forever Disclaim All Right and Title ...? 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...
  • 57. Forever Disclaim All Right and Title ...? Alabama 2.7% Public Lands
  • 58. Forever Disclaim All Right and Title ...? 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
  • 59. Forever Disclaim All Right and Title ...? Louisiana 4.6% Public Lands
  • 60. Forever Disclaim All Right and Title ...? “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.”
  • 61. Forever Disclaim All Right and Title ...? Nebraska 1% Public Lands
  • 62. 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;”
  • 63. Forever Disclaim All Right and Title ...? North Dakota 3.9% Public Lands & South Dakota 5.4% Public Lands
  • 64. 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;”
  • 65. Forever Disclaim All Right and Title ...? Washington 30% Public Lands 12,200,000 acres Washington’s Enabling Act is not just the same language ... It’s The Same Document as ND & SD!
  • 66. 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
  • 67. So, Why Does the Federal Government Have Title Anyway??
  • 68. How the West Was Created . . .
  • 69. 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.”
  • 70. 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 …”
  • 71. 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 …”
  • 72. 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.
  • 73. Madison Debates Tuesday, August 30, 1787 In Convention Mr. WILSON ... There was nothing in the Constitution affecting one way or the other the claims of the U. S. & it was best to insert nothing leaving every thing on that litigated subject in statu quo. Mr. MADISON ... He thought it best on the whole to be silent on the subject. He did not view the proviso of Mr. Carrol as dangerous; but to make it neutral & fair, it ought to go farther & declare that the claims of particular States also should not be affected. ... Mr. CARROL withdrew his motion and moved the following. "Nothing in this Constitution shall be construed to alter the claims of the U. S. or of the individual States to the Western territory, ...." Mr. Govr. MORRIS moved to postpone this in order to take up the following. "The Legislature shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the U. States; and nothing in this constitution contained, shall be so construed as to prejudice any claims either of the U. S. or of any particular State." -The postponemt. agd. to nem. con.
  • 74. “… it is the real interest of each and all the States in the Union, and 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 particularly of the new States, that be supposed the compacts intended that the United States should retain forever a title to lands within the States which are of no value, the general interest would be best promoted by surrendering such lands to the States.” and no doubt is entertained that President Andrew Jackson 1767-1845
  • 75. 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;
  • 76. 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.
  • 77. Examples of Legal Authority • 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); • "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).
  • 78.
  • 80. The Federal Land Policy and Management Act of 1976 (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)
  • 81. Sen. Lisa Murkowski, U.S. Senate Energy and Natural Resources Committee, March 19, 2013 (3 Minutes)
  • 82. PRESENTATION TO THE NEVADA LAND MANAGEMENT TASK FORCE MIKE L. BAUGHMAN, Ph.D., CEcD PRESIDENT INTERTECH SERVICES CORPORATION August 16, 2013
  • 83. STATE VS. FEDERAL MANAGEMENT: AN ECONOMIC COMPARISON  States Can and Do Manage Public Lands Profitably (Table 2 from 1996 Intertech Report)  BLM Consistently Spends More Than It Takes In To Manage Public Land (Table 2 from 1996 Intertech Report)  BLM Labor Is Less Efficient Than States in Managing Land (Table 4 from 1996 Intertech Report)  Wildfire Suppression Costs Are Greater Per Acre for BLM than for States (Tables 9 and 14 from 1996 Intertech Report) 5
  • 84. Multi-State Observed High, Observed Low, and Average Management Costs and Revenues for States and BLM: Selected States, 1989-1994 Multi-State Averages 1 States Observed High Observed Low BLM Average Observed High Observed Low Average Revenues $133,243,099 $24,879,522 $62,313,472 $4,619,065 $1,847,799 $3,126,573 Expenses $21,524,275 $5,703,916 $11,416,671 $40,072,452 $20,286,000 $29,156,971 $127,539,183 $15,610,897 $50,896,802 ($18,438,201) ($35,453,387) ($26,030,398) 13,320,000 2,389,144 7,222,470 22,092,130 11,863,284 15,212,061 Revenues Per Acre $15.96 $5.72 $9.48 $0.36 $0.12 $0.22 Expenses Per Acre $9.01 $0.43 $3.20 $3.11 $1.13 $2.08 Net Profit (Loss) Total Acres Managed Source: Table 2 from “Alternatives for Management of a Expanded State Land Base in Nevada”, Intertech Services Corporation, prepared for Eureka County, Nevada, February , 1996. 6
  • 85. Multi-State Observed High, Observed Low, and Average Management Costs and Revenues for States and BLM: Selected States, 1989-1994 Cont’d. Net Profit Per Acre $9.57 $4.36 $6.29 ($2.75) ($1.01) ($1.86) 95,037 9,888 50,817 73,178 15,549 35,684 Revenues Per FTE $949,088 $152,437 $425,366 $9,154 $4,398 $6,179 Net Profit Per FTE $908,571 $63,761 $355,100 ($42,680) ($73,273) ($51,751) Grazing Revenues $5,901,873 $437,464 $2,313,048 $3,024,634 $807,132 $1,812,621 $0.68 $0.12 $0.41 $0.27 $0.07 $0.15 0.1968 0.0571 0.1312 0.1721 0.0652 0.1084 $25,408,596 $24,259 $12,716,428 $738,673 $11,934 $212,391 Acres Per FTE Grazing Revenues/Acre AUMs Per Acre Timber Revenues Source: Table 2 from “Alternatives for Management of a Expanded State Land Base in Nevada”, Intertech Services Corporation, , prepared for Eureka County, Nevada, February , 1996. 7
  • 86. 2009 U.S. Supreme Court Hawaii v. Office of Hawaiian Affairs (Unanimous Decision) “‘[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 State’s public lands . . .are at stake.”
  • 87.
  • 88. “A Legal Overview of Utah’s H.B. 148 – The Transfer of Public Lands Act” Donald J. Kochan The Federalist Society for Law and Public Policy Studies •Distinct from prior state efforts to resolve the issue of federal control over more 50% of all lands in the West. •The U.S. Supreme Court calls statehood enabling acts “solemn bilateral compacts” between sovereigns that are serious and enforceable. •Read as a whole, the plain language of the enabling acts reflects •not just a duty on the part of Utah to give clean title to the federal government (i.e. “forever disclaim all right and title”) •but also a duty on the part of the federal government to timely dispose of the public lands (“until the title thereto shall have been extinguished by the United States”) •Utah’s benefit of the bargain in this “solemn agreement” • part of the proceeds of sale paid directly to the State to fund education; and • the ability to generate revenue from the lands to pay for public services.
  • 89. Get A Copy of This Legal Analysis  Text  “Land”  to  58885
  • 90. What Can “I” Do? Leverage!
  • 91. “Give me a lever long enough and a fulcrum on which to place it and I will move the world.” - Archimides 340 A.D. UNIT ED St ates Natio nal Orgs State Coun Congressional Transfer of Public Lands! ty C i ty O rgani zatio ns F riend s Fami ly Yo u Jurisdiction Leverage!
  • 92.
  • 93.
  • 94. South Carolina House Resolution
  • 95. "it will be their own FAULTS, if the several states suffer the federal sovereignty to interfere in the things of their respective jurisdictions." John Dickinson (Fabius), Letter III, 1788 (all caps in original)
  • 96. The Only Solution Big Enough! •Federal land “management” is threatening western communities and weakening our nation; • The Promises are the Same to dispose of the public lands; •It’s Been Done Before! •It will be our own faults if we fail to “do battle” like Thomas Hart Benton - for The Only Solution Big Enough to (i) fund education; (ii) better care for our lands and forests; (iii) protect access; (iv) create jobs; and (v) grow local, state, and national economies and tax base.
  • 97. What Can “I” Do? Join  ALC  Now  Counties,  Organizations,  Businesses,  Individual Study  &  Share Legal  Analysis,  Website,  Weekly  Emails “Like”  the  ALC  Facebook  Page  &  Share  Posts,  emails  and  info Encourage/Demand  Leadership   From  Representatives  at  the  local,  state,  and  national  levels Resolutions  from  States,  Counties,  and  Organizations Education  Campaign Executive  BrieYings  (groups,  conferences,  community  leaders,  etc.) The  Campaign  “Campaign” Money  and  Manpower  to  Move  the  Message National  “Why?”  Campaign  via  internet,  social  media,  web  outreach  
  • 98. The Only Solution Big Enough - Overview Video 3 minutes
  • 99. Questions? www.AmericanLandsCouncil.org Ken Ivory 801.694.8380 Ken@americanlandscouncil.org American Lands Council For more information text the word “Land” to 58885 @AmericanLandsCn
  • 100.
  • 102. What Can “I” Do? b 3  =  TPL E  x  P Education  x  Persistent  Political  Pressure   =  Transfer  of  Public  Lands
  • 103. What Can “I” Do? Learn  &  Share  -­  www.AmericanLandsCouncil.org,   Federalist  Society  Legal  Analysis,  Facebook,  Twitter,  Emails,  etc. Raise  Your  Voice  -­  Encourage/Demand  Leadership  from   each  of  your  Representatives  at  the  local,  state,  and  national  levels “WHY  the  Difference?”   Leverage  Your  Voice  -­  Resolutions,  Petitions,   Legislation,  Executive  BrieYings Pay  It  Forward  -­  Money  &  Manpower
  • 104. The Line as Understood for nearly 150 Years “Congress has been given the right to legislate on . . . particular subject[s], but this is not the case in the matter of a great number of other vital problems of government, such as the conduct of public utilities, of banks, of insurance, of business, of agriculture, of education, of social welfare and of a dozen other important features. In these, Washington must not be encouraged to interfere.”
  • 105. The Line as Understood for nearly 150 Years “Congress has been given the right to legislate on . . . particular subject[s], but this is not the case in the matter of a great number of other vital problems of government, such as the conduct of public utilities, of banks, of insurance, of business, of agriculture, of education, of social welfare and of a dozen other important features. In these, Washington must not be encouraged to interfere.” Governor Franklin Delano Roosevelt (D-NY), March 2, 1930
  • 106. With No Material Change in the Constitution, Why the Dramatic Increase in Federal Spending? Today, Federal Spending is approximately 26% of GDP 1792-1930, Federal spending averaged approx. 3% of GDP
  • 107. “The Line” "It must be done by the States themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves or by the General Government." Thomas Jefferson, Letter to Archibald Stuart, 1791.
  • 108. "it will be their own FAULTS, if the several states suffer the federal sovereignty to interfere in the things of their respective jurisdictions." John Dickinson (Fabius), Letter III, 1788 (all caps in original)
  • 109.
  • 110. 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;
  • 111. 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.
  • 112. It’s Already Been Done Before!
  • 113. A Tale of Two Cities [States]
  • 114.
  • 115. Why Would We Not Want Increases in Jobs . . . Wealth . . . Tax Revenues? May 15, 2012
  • 116.
  • 117. It’s The Only Solution Big Enough! To Infinity, and Beyond!
  • 118. Idaho’s $7.9 Billion Annual Revenues Idaho’s   The $3.3 Billion of Looming “Federal Funds” Idaho Spends Annually $3.3  Billion 42.1% Budget  Hole Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
  • 119. Idaho’s $7.9 Billion Annual Revenues Idaho’s   Looming $3.3  Billion Budget  Hole Source: Intergovernmental Dependency: A Study of Key Dependency Measures of the 50 States, 2012 CliftonLarsonAllen, LLP
  • 120. Utah’s $13 Billion Annual Budget Utah’s  Looming $5.2  Billion The $5.2 Billion of “Federal Funds” Budget  Hole Utah Spends Annually
  • 121. Utah’s $13 Billion Annual Budget Utah’s  Looming $5.2  Billion Budget  Hole
  • 122. 2012 Sheep Fire, Idaho County, ID
  • 123. 2012 Sheep Fire, Idaho County, ID
  • 124. 2012 Sheep Fire, Idaho County, ID
  • 125. 2012 Saratoga Springs Fire, Utah County, UT
  • 126. 2012 Saratoga Springs Fire, Utah County, UT
  • 127.
  • 128. What will WE do ... ... with this Window of Opportunity?
  • 129. Summary * It’s Already Been Done Before! * The Promises are the Same! * This is the Only Solution Big Enough! * We must to LEVERAGE ourselves and Refuse to be Silent!
  • 130. Are We Not A State?
  • 131. 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."
  • 132. 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;
  • 133. Wyoming’s $7.3 Billion Annual Revenues The $1.1 Billion of “Federal Funds” Wyoming Spends Annually 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
  • 134. Wyoming’s $7.3 Billion Annual Revenues Wyoming’s 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
  • 135. The Promises are the Same!
  • 136.
  • 137.
  • 138. What Can “I” Do? Learn  and  Share   Text  “Lands”  to  801.252.6962 Email  “Lands”  to   learn@americanlandscouncil.org