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A Trust is a common legal document used to secure the faithful transfer of property at a future time to a named recipient. The Trustee temporarily holds legal title to the property, but he or she is duty-bound to transfer the property according to the agreement.
To secure and defend local control of land access, land use and land ownership
Counties are joining ALC, teaching their citizens, establishing networking committees, and leveraging state action action:
! Dozens of resolutions from organizations, school districts, cities, and counties to compel state and congressional action for the transfer of public lands; ! Leveraged action to introduce and pass Transfer of Public Lands Acts (TPLA) in 7 western states and groundbreaking jurisdiction bills.
Federal control of public lands is destroying forests and watersheds, shutting off access, constricting economic opportunity, breaking state and local government budgets, and threatening our way of life!
States are running TPLA legislation and networking public lands transfer efforts:
In 1780, the original States created a written Trust agreement over the western lands binding Congress to (i) create distinct republican states with the same rights of sovereignty, freedom and independence as the other states, and (ii) to use the proceeds to pay the national debt. This Trust agreement was repeatedly renewed, including in the U.S. Constitution (Article IV, Section 3). Courts, Congresses and Presidents reafrmed this duty to transfer title to the western lands in newly created States, for example
the price of these lands shall be reduced and graduated, and that after they have been offered for a certain number of years the refuse remaining unsold shall be abandoned to the States and the machinery of our land system entirely withdrawn. It can not be supposed the compacts intended that the United States should retain forever a title to lands within the States which are of no value, and no doubt is entertained that the general interest would be best promoted by surrendering such lands to the States. - Pres. Andrew Jackson
! UT passed HB148 (2012) and HB142, HB155, HB164, HB166, SJR13, HJR14 and HJR15 (2103; ! WY passed HB228 (2103); ! ID passed HCR21 and HCR22 (2013); ! NV currently running AB227 (2013); ! AZ passed HB2438 (2012; ! NM, CO and MT are working on TPLA bills. ! South Carolina House passed H.3552 Resolution supporting the transfer of public lands to the western states. Congressional action to transfer public lands requires networked state and community leverage to educate, negotiate, legislate and, if necessary, to litigate.
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(The legal, constitutional, and historic foundation for the Transfer of Public Lands to the States is laid out in this Legal Overview available to read and share at www.AmericanLandsCouncil.org)
However, in 2009, the U.S. Supreme Court unanimously declared that Congress doesnt have the authority to unilaterally change the uniquely sovereign character of a states admission into the Union, particularly where virtually all of a states public lands are a stake. Hawaii v. OHA.
However, because those states (i) knew their history, (ii) knew their rights, (iii) banded together, and (iv) refused to take NO for an answer, they compelled Congress to transfer title to their lands. Today, the federal government controls less than 5% of all land in states east of Colorado.