ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HCM2005: federal lands; transfer to states

Sponsor: Representative Smith, LD 29

Committee on Land, Agriculture & Rural Affairs

Overview

Urges Congress to enact legislation that transfers 30% of Western federal land to the states by 2030.

History

The Equal Footing Doctrine prohibits any state from being formed within the jurisdiction of an existing state and ensures that new states enter the union on an equal footing with the original states in all respects. Newly admitted states acquire general jurisdiction over the lands in their territory, except on lands the United States has reserved as its property. If the federal land is relinquished, the existing state lays claim to the land because it acquired sovereignty over its territory when it was admitted into the union (U.S. Constitution, Article IV, Section 3, Clause 1).

 

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteUrges Congress to pass legislation that gives 30% of all federally owned Western lands to their respective states by 2030.

2.   Urges Congress to engage in good faith cooperation with Western States regarding the immediate disposal of the public lands directly to the states.

3.   Directs the Arizona Secretary of State to transmit the memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each member of Congress from the state of Arizona.

 

 

 

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                  HCM 2005

Initials EB/LT     Page 0 Land, Agriculture & Rural Affairs

 

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