REFERENCE TITLE: federal lands; devolution to Arizona

State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015

HCM 2005

Introduced by Representatives Barton, Gray, Shope, Thorpe, Townsend: Weninger

 

A CONCURRENT MEMORIAL

 

urging the united states government to immediately dispose of the public lands within arizona's borders directly to the state of arizona.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

To the United States Congress and the Secretary of the United States Department of the Interior:

Your memorialist respectfully represents:

Whereas, at the time of Arizona's Enabling Act, the course and practice of the United States Congress with all prior states admitted to the Union had been to fully dispose, within a reasonable time, of all lands within the boundaries of such states, except for those Indian lands, or lands otherwise expressly reserved to the exclusive jurisdiction of the United States; and

Whereas, the State of Arizona did not contemplate, and could not have contemplated, the United States failing or refusing to dispose of all lands within its defined boundaries within a reasonable time such that the State of Arizona and its permanent fund for its public schools could never realize the anticipated benefit of the deployment, taxation and economic benefit of all the lands within its defined boundaries; and

Whereas, Arizona's Enabling Act contemplates that Arizona's temporary suspension of its sovereign right to tax the public lands within its borders for the benefit of its public schools and the common good of the state ends the very moment that the national government discharges of its trust obligation to immediately dispose of Arizona's public lands within its borders; and

Whereas, under Article I, section 8, clause 17 of the United States Constitution, the national government is constitutionally authorized to exercise right, title and jurisdiction only over lands that are "purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings"; and

Whereas, the United States Congress never purchased land designated as national parks nor did it ever seek or obtain the consent of the Arizona Legislature as required under Article I, section 8, clause 17 of the United States Constitution; and

Whereas, because of the failure of the national government to immediately dispose of land within the borders of Arizona, this state bears the burden of the inestimable entanglements and expectations over the multiple use of these public lands that were required to be disposed of that have accumulated for more than one hundred years; and

Whereas, Arizona should have had total control over its public lands from 1912, plus a reasonable time for disposition of the lands; and

Whereas, Arizona has been substantially damaged in its ability to provide funding for education because the national government has unduly retained control of much of the land lying within Arizona's borders; and

Whereas, had the national government sold the land in or about 1912, much of the net proceeds should have been applied to paying down the national public debt, and some should have gone to the state of Arizona's permanent fund for the support of the public schools; and

Whereas, Arizona consistently ranks high among all states in class size and low in per pupil funding for education; and

Whereas, had the national government disposed of the land in or about 1912, Arizona would have generated, from that point forward, substantial tax revenues to the benefit of its public schools and to the common good of the state; and

Whereas, the national government gives Arizona less than half of the proceeds of mineral lease revenues and severance taxes generated from the lands within this state's borders; and

Whereas, Arizona has been substantially damaged in mineral lease revenues and severance taxes in that, had the national government disposed of land in or about 1912, Arizona would realize 100% of the mineral lease revenues and severance taxes from the lands; and

Whereas, Arizona has been damaged by the inordinate cost and substantial uncertainty regarding the national government's infringement on Arizona's sovereign control of public lands within its borders; and

Whereas, County of Shoshone v. United States (unpublished), which confirmed that state law controls in determining what constitutes sufficient public use, Shelby County v. Holder, which clarified that "the fundamental principle of equal sovereignty remains highly pertinent in assessing [post‑admission] disparate treatment of states" and People for the Ethical Treatment of Property Owners v. United States Fish and Wildlife Service, which confirmed the federal government's abuse of the Commerce Clause authority, all lend support to the notion that the public lands within Arizona's borders should be transferred to Arizona; and

Whereas, because of the breach of Arizona's Enabling Act, and the damages resulting from it, the United States Congress should immediately dispose of the public lands lying within the State of Arizona directly to the State of Arizona; and

Whereas, the national government has an obligation to present and future generations to pay the public debt, yet it has demonstrated a reckless disregard for the growing national debt even as it continues to worsen at an exponential rate.

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

1.  That the United States government immediately and not later than December 31, 2016 dispose of the public lands within Arizona's borders directly to the State of Arizona.

2.  That the United States Congress engage in good faith communication, cooperation, coordination and consultation with the State of Arizona regarding the immediate disposal of the public lands directly to this state.

3.  That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the United States Department of the Interior, the Chief of the United States Forest Service, the Chairperson of the United States House Committee on Natural Resources, the Chairperson of the United States Senate Committee on Energy and Natural Resources and each Member of Congress from the State of Arizona.