1 | 1 | | 84R5619 BPG-D |
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2 | 2 | | By: Workman H.R. No. 704 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | R E S O L U T I O N |
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6 | 6 | | WHEREAS, Under Article IV, Section 3, of the United States |
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7 | 7 | | Constitution, "The Congress shall have power to dispose of and make |
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8 | 8 | | all needful rules and regulations respecting the territory or other |
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9 | 9 | | property belonging to the United States"; and |
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10 | 10 | | WHEREAS, The Constitutional Convention intended this |
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11 | 11 | | provision of the constitution to maintain the status quo that had |
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12 | 12 | | been established to transfer federal territorial lands only to |
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13 | 13 | | create new states with the same rights of sovereignty, freedom, and |
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14 | 14 | | independence as the original states; under these express terms of |
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15 | 15 | | trust, over time the states claiming federal territorial land ceded |
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16 | 16 | | their western land to the confederated union to allow the |
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17 | 17 | | confederated government to dispose of the lands only to create new |
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18 | 18 | | states and apply the net proceeds of any sales of the lands only to |
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19 | 19 | | pay down the public debt; and |
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20 | 20 | | WHEREAS, The constitution contains no expression of intent to |
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21 | 21 | | authorize the federal government to indefinitely exercise control |
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22 | 22 | | over western public lands beyond the duty to manage the lands |
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23 | 23 | | pending the disposal of the lands to create new states; moreover, |
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24 | 24 | | limiting the ability of western states to access and utilize the |
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25 | 25 | | natural resources on public lands within their borders is having a |
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26 | 26 | | negative impact upon the economy of the western states and |
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27 | 27 | | therefore on the economy of the entire nation; and |
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28 | 28 | | WHEREAS, The lands should be returned to the western states, |
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29 | 29 | | and upon transfer, in order to promote legitimate federal |
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30 | 30 | | interests, the states where the land is located should agree to |
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31 | 31 | | affirmatively cede lands for the National Park System and the |
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32 | 32 | | National Wilderness Preservation System, as well as lands reserved |
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33 | 33 | | for federal military use, military parks, and military reservations |
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34 | 34 | | to the federal government on condition that the lands permanently |
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35 | 35 | | remain national park lands, and that they not be sold, transferred, |
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36 | 36 | | left in substantial disrepair, or conveyed to any party other than |
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37 | 37 | | the state where the land is located; and |
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38 | 38 | | WHEREAS, A fair, just, and equitable remedy for the federal |
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39 | 39 | | government's past and continuing breaches of its solemn promises to |
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40 | 40 | | the western states requires that the federal government transfer |
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41 | 41 | | title to all federal public lands within the western states to the |
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42 | 42 | | state where the land is located; now, therefore, be it |
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43 | 43 | | RESOLVED, That the House of Representatives of the 84th Texas |
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44 | 44 | | Legislature hereby respectfully urge the United States Congress to |
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45 | 45 | | engage in good faith communication, cooperation, and consultation |
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46 | 46 | | with the western states to coordinate the transfer of the public |
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47 | 47 | | lands; and, be it further |
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48 | 48 | | RESOLVED, That upon transfer of the public lands, the states |
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49 | 49 | | involved be called upon to agree to affirmatively cede to the |
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50 | 50 | | federal government all lands currently designated as part of the |
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51 | 51 | | National Park System or the National Wilderness Preservation System |
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52 | 52 | | or for military use, military parks, or military reservations; and, |
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53 | 53 | | be it further |
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54 | 54 | | RESOLVED, That if any public land in the western states be |
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55 | 55 | | sold to private owners, the states selling the land be urged to |
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56 | 56 | | designate 95 percent of the net proceeds for the purpose of paying |
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57 | 57 | | down the federal debt; and, be it further |
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58 | 58 | | RESOLVED, That all other states of the United States be |
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59 | 59 | | called upon to pass a similar resolution in support of the transfer |
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60 | 60 | | of the federal public lands to the western states; and, be it |
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61 | 61 | | further |
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62 | 62 | | RESOLVED, That the chief clerk of the Texas House of |
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63 | 63 | | Representatives forward official copies of this resolution to the |
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64 | 64 | | president of the United States, to the president of the Senate and |
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65 | 65 | | the speaker of the House of Representatives of the United States |
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66 | 66 | | Congress, and to all the members of the Texas delegation to Congress |
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67 | 67 | | with the request that this resolution be entered in the |
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68 | 68 | | Congressional Record as a memorial to the Congress of the United |
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69 | 69 | | States of America. |
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