REFERENCE TITLE: federal lands; transfer to states

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HCM 2005

Introduced by

Representatives Smith: Biasiucci, Carbone, Chaplik, Diaz, Dunn, Gillette, Grantham, Griffin, Heap, Hendrix, Jones, Livingston, Marshall, Martinez, McGarr, Montenegro, Parker B, Parker J, Payne, Peña, Pingerelli, Wilmeth

A Concurrent Memorial

urging the United States Congress and president to enact legislation to give western states a percentage of federally owned land.

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To the President and Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, the federal government is the largest landowner in the United States, controlling almost one-third of the entire land in the country, over 90% of which is located in Western States; and

Whereas, conveying title and jurisdiction of federal public lands to the states was promised in congressional resolutions in 1780, the Land Ordinance of 1784 and the Northwest Ordinance of 1787, among others; and

Whereas, it was not until the enactment of the Federal Land Policy and Management Act of 1976 that Congress unilaterally declared a change in federal public lands policy to one of permanent federal ownership; and

Whereas, once land is taken by the federal government, it is often squandered, locked away forever from economic production; and

Whereas, federal ownership of vast amounts of lands eliminates or restricts reasonable and thoughtful use of these natural resources for multiple purposes, such as recreation, grazing, mining, energy development and forestry; and

Whereas, the promise and duty of the federal government to timely dispose of the public lands is the same in the enabling acts for all newly created states both east and west of Colorado; and

Whereas, because of the breach of states' enabling acts, and the resulting damages, the United States Congress should immediately dispose of the public lands lying within the State of Arizona and other Western States directly to those states; and

Whereas, the State of Arizona is composed of 113,417 square miles of land, of which 42% is federally owned, nontribal land that is unavailable for economic development and not part of the property tax base; and

Whereas, the great strength of Arizona and other Western States lies in the value of their lands and the ability for the public to access those lands for a variety of economic and recreational uses; and

Whereas, the low percentage of private and state lands in the West places these states at a significant economic disadvantage and restricts their ability to adequately provide for the future; and

Whereas, the federal government has done an exceedingly poor job of stewarding these resources as a result of decades of dysfunctional federal bureaucracy. The federal government has mismanaged public lands economically and ecologically, while handcuffing local control; and

Whereas, state ownership of public lands is more efficient, thoughtful, accountable and locally driven, which improves public access, environmental health and economic productivity.

Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:

1. That the United States Congress immediately pass and the President sign legislation that requires 30% of all federally controlled lands in the West to be given to their respective states by 2030 under the equal footing doctrine as enshrined in the United States Constitution.

2. That the United States Congress engage in good faith communication, cooperation, coordination and consultation with Western States regarding the immediate disposal of the public lands directly to those states.

3. That the Secretary of State of the State of Arizona transmit copies of this 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.