Restore States Land


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Red Shows the Amount of Land the Federal Government controls, just compare the West to the Rest of the Country, and then ask why such a difference or maybe why so much control of West vs. the Rest of the United State of America?

Restore All Western States’ Lands!

View Relevant 2012 Video

The Federal Government must get out of the land business and return land to States, with the exception of military bases, necessary federal buildings and all others having to do with our national defense. More than 65% of AZ is currently controlled by the Federal Government, and thereby, doesn’t provide any tax base or economic growth to AZ. Check to see how this is actually a forerunner of Agenda 21. http://vote4van.com/about-van/agenda-21/

Arizonans’ State and Federal Elected Officeholders must Work together and put-forth legislation in AZ and DC, to begin the process of restoring to Arizona millions of acres now under the control and management of the Federal Government. I’ve stated over the past few years, this problem is covered by the spirit of the 5th Amendment protection,  “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” [This argument is also used by some others.]

Article 1. Section 8. Clause 17, US Constitution, clearly only refers to the Congress’ power: “To exercise exclusive Legislation in all cases, over such District [D.C.] . . . and to exercise like Authority over all places purchased by Consent of the Legislature of the State . . . for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;” [Emphasis added, see below.] This clause is aligned with jurisdiction in making Rules and Regulations over those areas; *Article IV. Section 3. Clause 2:

“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…” This is the clause in the Constitution that gives Congress [not the Executive Branch without a Congressional Act] the power to dispose (extinguish) of title to the public lands.

Along with other Western States, at statehood we agreed to “forever disclaim all right and title” to the unappropriated and ungranted lands within the boundaries of the State (Enabling Act, June 20, 1910). However, power has never been delegated to the Federal Government through the Cosntitution to receive by a new State’s disclaimer, retain, manage, nor control lands within the boundaries of States beyond those “places” provided for in Article I. Section 8. Clause 17.

There is NO power delegated to the Federal Government to “acquire” “places” beyond D.C., without the Consent of the State Legislature in which the “place” is located! And, those “places” are restricted by Clause 17, to those “needful Buildings!” These two clauses are prima facie evidence the States have NEVER delegated to the Federal Government power to coerce prospective States to “forever disclaim all right and title” to one inch of their own territorial lands within their boundaries! If the Federal Government had the delegated power to do so, there would be no need for the feds to extort lands via the Enabling Acts! Every inch of the territorial lands within the boundaries of the several States belongs to the individual State in which it is located; National Monument, National Forest, National Wilderness, Bureau of Land Management, etc; federal declarations, executive orders, codes, rules or regulations notwithstanding!

Elected officials at the state and federal levels, shall begin the process of restoring the millions of acres of Arizona Land now under usurped federal jurisdiction.

*I believe that we must take the lead in several areas

Let’s remember the Sagebrush Rebellion brought about in the 70’s by the Carter Administration. By the way,  President Reagan was on the side of the Ranchers and the Western States for this matter, having dealt with the Federal Government on Lands issues as Governor of California.

We must make those in office Modify, or Repeal, NESA or ESA Acts, which are used to file lawsuits to shut down our mining, logging etc, in the name of protection, when in fact it’s hurting our Citizens and their Freedoms. This is one way of dealing with it, however, the real solution is to restore the Lands back to the Western States and take the Federal Government out of our lives in just one more of several areas in which they have no Constitutional Basis for involvment.

We must meet with others holding federal elected office in surrounding States and urge them to begin the process, at the federal level, of restoring control of our lands to US. After all, they’re supposed to represent our States, not the Federal  Government. [The Federal Government is a structure for governing, it is not a sovereign nation; these United States are the Nation!]

We should immediately begin to draft legislation to start a process to reclaim millions of acres; to work toward our own version of the 2009 Decision concerning the State of Hawaii’s ownership and control over their public lands, which included an apology made by Congress to the Hawaiian people for overthrowing the Hawaiian Monarchy, acknowledging it didn’t convey to the “Office of Hawaiian Affairs” any right, or legal claim to the land.

The decision was critical as it referred to Hawaii’s Enabling Act and the agreement between the people of the State of Hawaii and the US Government at statehood. The land was not restored to the State, it always had it!

We must inform our fellow citizens in Arizona of the problem and the benefits we’d receive by getting our lands back.

Now; to name a few:

We’d be able to decide within our own state government agencies just where we can mine, harvest forests, improve lands for recreation and open other areas to be used for same.

We’ll be able to put up some lands for lease for private development, both by companies and individuals. This would give us a larger tax-base to pay off Arizona’s debt of over $7 Billion, as well as improve our children’s educational system.

One of the largest benefits would be to remove the Federal Government’s control of our state’s future, and of ours, as well!

We have rights, and we must exercise them! We’ve seen how the Federal Government has treated US when it comes to defending our border. This issue is only the first step in restoring to us our State’s Sovereignty and Rights!

One of the most unsubstantiated arguments opponents try to use against the Transfer of Public Lands is that “we can’t afford to manage our own lands.” They point to the cost of managing wild fires, keeping parks open, etc.

Take three minutes today and look up YOUR State on the Office of Natural Resources’ own Revenue Statistics website, and see just how much they are gaining from managing our lands, and why they don’t want to allow us to manage our own lands for the health, safety and welfare of our citizens, and a constant steady source of income.

Take the time to go to this site and see just how much money the Federal Government collects state-by-state, and then, subtract what Arizona gets compared to what the Federal Government keeps; the Numbers tell the story that Arizona can afford to manage our lands!

The increase in revenues we attain is substantial, but the Liberty we gain by Removing the Federal Government from our Lands and restoring our Sovereignty, is Priceless!

 *See how our government pays and controls the lands in the US,
just go to this website; http://statistics.onrr.gov/ReportTool.aspx

    * Take a look at the Report for the States from our new Secretary of the Interior and see how little the Eastern States receive compared to the West, reason Fed doesn’t control much in the East as they honored the original agreements unlike in the West, and the Trump Administration must Fix this and Restore Our Lands,  just go to this website; https://www.doi.gov/pressreleases/secretary-zinke-senators-and-local-officials-announce-rural-communities-receive-record

*Federal Land Payments or PILT

In 2013, the Federal Government–claiming Unconstitutional Title and Control of State Lands–gave “tribute” to all States except Rhode Island, in an effort to justify their Unconstitutional seizure of State Land.

“Tribute” money was intended to justify and demonstrate their benevolence by helping to alleviate our loss of taxes, potential new employment and other lost revenue. Arizona revenue loss is fourth among the 50 States! Only California, Utah and New Mexico have lost more.

How much money have we lost, how many new jobs were not created because we have not demanded of our State Officials and Legislators that they adhere to the Constitution and control our Sovereign State’s destiny? What will it take for the people to take control and demand our elected representatives uphold their sworn oath? What will it take for the people to take charge and demand the elected officials represent their constituents, and not special interest pressures?

This is your money, these are your jobs. The Federal Government doesn’t make money, nor create wealth. The Federal Government only gets money from your taxes, drug-related auctions, illegal seizures, other forms of pilfering, and Constitutional duties, tariffs, etc.

Remember our Declaration of Independence; particularly the first half of the second paragraph:

“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.”

TO PRESERVE THESE RIGHTS, GOVERNMENTS ARE MADE BY MEN, “DERIVING THEIR JUST POWERS FROM THE CONSENT OF THE GOVERNED.

With that said, who’s in control, and if it’s not you, why not? Please remember that in 2014, the Federal Government didn’t fund this until they received another 2 Billion into the budget before granting any payments to the States; thereby, basically blackmailing the Congress to gain funds so the states they represent would receive their PILT payments. This is not being Representative, let alone Responsible to the American Citizen at any level!

 Payments and Acreage by County Fiscal Year: 2017
State of Arizona
*Payments in lieu of taxes breakdown by county:

Apache County:$1,837,440; 692,680 acres ( $2.65 per acre)

Cochise County: $2,212,909; 188 acres ($2.45 per acre)

Coconino County: $1,748,939; 4,740,418 acres ($0.36 per acre)

Gila County: $3,527,384; 1,771,083 acres ($1.99 per acre)

Graham County: $2,866,774; 1,099,622 acres ($2.61 per acre)

Greenlee County: $950,973; 905,970 acres ($1.00 per acre)

La Paz County: $1,982,313; 1,848,763 acres ($0.99 per acre)

Maricopa County: $3,153,762; 2,434,787 acres ($1.29 per acre)

Mohave County: $3,564,090; 6,421,730 acres ($0.55 per acre)

Navajo County: $1,509,522; 598,959 acres ($2.52 per acre)

Pima County:  $3,390,547; 1,534,068 acres ($2.21 per acre)

Pinal County:  $1,310,964; 618,485 acres ($2.12 per acre)

Santa Cruz County: $1,080,113; 432,647 acres ($2.50 per acre)

Yavapai County:  $3,314,664; 2,599,447 acres ($1.28 per acre)

Yuma County: $3,573,246; 1,556,211 acres ($2.28 per acre)

AZ total: $36,023,640  /  28,156,044 acres ($1.28 per acre)

 In many of the Western States, the following clause is in their Enabling Acts for statehood, “forever disclaim all right and title,” referring to the unappropriated public lands at statehood. People mistakenly use those six words to justify the Federal Government owning all of those public lands.

The same clause is in most of the Enabling Acts for the states East of Colorado. Also within most states’ Enabling Acts, including Eastern States’, is the following: “that five per cent of the proceeds of sales of public lands which shall be sold by the United States subsequent to the admission of said State into the Union…” Those Public Lands in the West were supposed to be sold, just as they were in the East.

Studies show that approximately $150 Trillion Dollars in revenue and resources associated with those lands are being denied to the people in the Western States, and America. For that matter, these resources denied by the Federal Government would create much-needed jobs and tax revenues for local, state, and federal governments.

The Property and Environmental Research Study Center in Idaho study shows that, for every Dollar spent by the Federal Government to Manage lands they lose .27, while state-managed lands show, for every dollar spent, States make $14.51, on average.

We, in Arizona, must gain control of all the Federal Lands within our borders to gain both the tax revenues, and access to the lands–not to mention safer and healthier forests–through better management by local officials, who must then answer to local Voters. There’s one more-urgent problem we can solve with managing our own Forest Lands, which I’ll discuss at “Forums and Public Meetings.”

Proposed Solutions: 1. Begin with educating the public on the existence of this inequity, 2. Educate our legislators, State and Federal, of this problem, 3. Demand that the US Congress extinguish title to those lands, as empowered under Article IV. Section 3, to immediately terminate the Federal Government’s claim to all titles of land illegally seized; returning the land to its rightful owners: the States.

Let the States decide, and self-govern the proper use of the territory within their boundaries, as a Right retained by the People in the absence of power delegated in our Constitution. Let the People of the States enjoy the freedom to decide the best use of the land; be it creating state parks or engaging in multiple forms of commerce to create new jobs and increase state revenues.

The entrenched legal system demands precedence for such an action. The precedent has been made and well-documented by the Federal Government retiring its claim of title and returning the land back to the Eastern States!

Result/Summary: The governments closest to the people of the affected States must control the use of the territory within their boundaries. Jobs are created, local government revenues increase, access by the public increases; the Federal Government becomes smaller.

This is only one of many issues we need to address. We must build a strong coalition of people and organizations in Arizona and Washington D.C., along with officials in Utah, California, Oregon, Idaho, Montana and other States, who understand our forefather’s intent, as evidenced by the Constitution of the United States.

We must demonstrate our allegiance by working to protect and defend the Constitution of the United States against all enemies, both foreign and domestic.

I hope you’ll all arrive at the same conclusion and contact those in both State and Federal Elective Office, Demanding this be addressed, restoring our AZ lands and sovereignty to AZ.

The AZ Legislature did pass bills in the 2015 Session, however, Gov. Ducey Vetoed them! I haven’t seen any interest from our Federal Elected Officials, however, I’m hoping during this election cycle to get them interested in restoring AZ Lands to AZ’s control. . . .

Closing Comments

The false promises of AZ Politicians in AZ’s Own Political Swamp! We need Real change in AZ Politics and the only way I see to get this done is by running to replace those short sited Politicians.

I believe Election Cycles are Critical for our Nation and State as to whether we sink deeper into a Socialistic Nation, or Restore Ourselves to a True Republican Form of Government.

The choices are clear: Never vote for anyone who votes against, or compromises, the US or AZ Constitutions . . . as Our Freedoms are at stake. I believe compromising Our Freedoms is actually what most of them are hoping for and the  Elite Power Brokers are working toward! [Time to Drain the Political Swamps!}

 

God Bless You All; Clair Van Steenwyk

Originally posted by Clair 9/11/2011 Update 11/08/2016