84R5619 BPG-D
By: Workman H.R. No. 704
R E S O L U T I O N
WHEREAS, Under Article IV, Section 3, of the United States
Constitution, "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
WHEREAS, The Constitutional Convention intended this
provision of the constitution to maintain the status quo that had
been established to transfer federal territorial lands only to
create new states with the same rights of sovereignty, freedom, and
independence as the original states; under these express terms of
trust, over time the states claiming federal territorial land ceded
their western land to the confederated union to allow the
confederated government to dispose of the lands only to create new
states and apply the net proceeds of any sales of the lands only to
pay down the public debt; and
WHEREAS, The constitution contains no expression of intent to
authorize the federal government to indefinitely exercise control
over western public lands beyond the duty to manage the lands
pending the disposal of the lands to create new states; moreover,
limiting the ability of western states to access and utilize the
natural resources on public lands within their borders is having a
negative impact upon the economy of the western states and
therefore on the economy of the entire nation; and
WHEREAS, The lands should be returned to the western states,
and upon transfer, in order to promote legitimate federal
interests, the states where the land is located should agree to
affirmatively cede lands for the National Park System and the
National Wilderness Preservation System, as well as lands reserved
for federal military use, military parks, and military reservations
to the federal government on condition that the lands permanently
remain national park lands, and that they not be sold, transferred,
left in substantial disrepair, or conveyed to any party other than
the state where the land is located; and
WHEREAS, A fair, just, and equitable remedy for the federal
government's past and continuing breaches of its solemn promises to
the western states requires that the federal government transfer
title to all federal public lands within the western states to the
state where the land is located; now, therefore, be it
RESOLVED, That the House of Representatives of the 84th Texas
Legislature hereby respectfully urge the United States Congress to
engage in good faith communication, cooperation, and consultation
with the western states to coordinate the transfer of the public
lands; and, be it further
RESOLVED, That upon transfer of the public lands, the states
involved be called upon to agree to affirmatively cede to the
federal government all lands currently designated as part of the
National Park System or the National Wilderness Preservation System
or for military use, military parks, or military reservations; and,
be it further
RESOLVED, That if any public land in the western states be
sold to private owners, the states selling the land be urged to
designate 95 percent of the net proceeds for the purpose of paying
down the federal debt; and, be it further
RESOLVED, That all other states of the United States be
called upon to pass a similar resolution in support of the transfer
of the federal public lands to the western states; and, be it
further
RESOLVED, That the chief clerk of the Texas House of
Representatives forward official copies of this resolution to the
president of the United States, to the president of the Senate and
the speaker of the House of Representatives of the United States
Congress, and to all the members of the Texas delegation to Congress
with the request that this resolution be entered in the
Congressional Record as a memorial to the Congress of the United
States of America.