ALC Presentation by Sen. Fielder, Cortez, CO - May 18, 2015

Connect with me at www.jenniferfielder.us

Senator Jennifer Fielder Montana State Senate - District 7

Chair - SJ15 Legislative Study of Federal Land Management

rev May 2015 3

MONTANA RED = FEDERALLY CONTROLLED LANDS (over 27 million acres under federal control in MT)

My

Home MT

WY

ID

rev May 2015 By Sen. Jennifer Fielder - Montana

www.jenniferfielder.us 4

rev May 2015 5

*60 Co-Sponsors

*83% Approval

*Strong Bi-partisan Support

*Rated Montana’s #2 priority (63rd Legislature)

*Assigned to Environmental Quality Council (EQC) 2013-14 Interim Committee

*Conducted by Equal Number of D’s & R’s

6 May 2015

SJ-15: STUDY OF FEDERAL LANDS

“Management of USFS & BLM

lands has a significant and

DIRECT BEARING ON

MONTANA’S ENVIRONMENT,

EDUCATION FUNDING,

ECONOMY, CULTURE,

WILDLIFE, AND THE HEALTH,

SAFETY & WELFARE OF OUR

CITIZENS” --63rd Montana Legislature

Senate Joint Resolution 15

7 May 2015

SJ-15: MONTANA DECLARES

“FEDERAL FUNDING AND

CAPACITY FOR RESPONSIBLE

MANAGEMENT OF USFS & BLM

LANDS ARE IN SERIOUS

JEOPARDY while critical threats

such as beetle kills, invasive

species, watershed

degradation, access

restrictions, and catastrophic

fires continue to escalate.”

--63rd Montana Legislature

Senate Joint Resolution 15

8 May 2015

SJ-15: MONTANA DECLARES

*96% - SEVERE

CATASTROPHIC

WILDFIRE CONDITIONS

*79% - IMPORTANT

HABITAT AT RISK

9 May 2015

SJ-15: COUNTY SURVEY RESPONSES

*62% - AIR QUALITY

FALLS BELOW

ACCEPTABLE

HEALTH STANDARDS

10

* May 2015

SJ-15: COUNTY SURVEY RESPONSES

*64% - FEDERAL

LAND MANAGEMENT

DIMINISHES WATER

YIELD

11

*

May 2015

SJ-15: COUNTY SURVEY RESPONSES

*91% - PILT NOT

EQUAL TO TAXABLE

LAND VALUE

12

*

May 2015

PILT = 13 to 15 cents on the dollar* *Utah & Nevada Economic studies

SJ-15: COUNTY SURVEY RESPONSES

*96% - MOTORIZED

ACCESS VERY

IMPORTANT for

SUSTENANCE - i.e.

firewood, berries, wild

game, etc.

13

*

May 2015

SJ-15: COUNTY SURVEY RESPONSES

*0% - WANT LESS

MULTIPLE USE

ACCCESS ROUTES

ON FEDERAL LANDS

14

* May 2015

SJ:15 COUNTY SURVEY RESPONSES

*

WORSENING TRENDS

*

“The selected alternative will limit our ability as resource managers to respond to fire, wind throw, insects and disease, and to provide timber or other commodities.”

Page 34, Record of Decision, USFS Forest Plan Amendments - Motorized Access Management Within the Selkirk & Cabinet/Yaak Grizzly Bear Recovery Zone.

WORSENING TRENDS

USFS TESTIMONY:

*National forests are in worse condition today than 30-40 years ago.

*USFS no longer generating positive revenues.

*USFS budget predominantly allocated to fighting fire and fighting lawsuits instead of resource management.

(EQC & WPIC Hearings 2013-14)

17 May 2015

WORSENING TRENDS

USFS Region 1 Sawlogs Sold MMBF; 1977 - 2012

1987 Plan

---Clearwater NF

---Flathead NF

---Idaho PH NF

---Kootenai NF

---Lolo NF

1977 1983 1985 1990 1995 2000 2005 2010 2012

“Litigation Curtailed”

300

250

200

150

100

50

0

MM

BF (

Million B

oard

Feet)

“1987” KNF Plan

amended over 80 times

1987-2012

USFS is “Managing” our forests with the primary goal of avoiding

lawsuits, instead of caring for health and productivity.

18 May 2015

19

WORSENING TRENDS

May 2015

ESA FLPMA

WORSENING TRENDS

20

Decreased Logging = Increased Wildfire

May 2015

10,000 miles

electrical

transmission

lines at risk on

national

forests.

(USDA REPORT: Forest Health &

Western Utilities, 8/27/13)

WORSENING TRENDS

21 May 2015

“Fires are becoming larger

and more severe.”

“Trends indicate the

amount of wildfire and

associated damage will

increase beyond our recent

experiences.”

(USFS Risk & Reliability Report,

Aug 2013)

WORSENING TRENDS

22 May 2015

“The forest service does not

have the budget to treat the

affected acres.”

May 2015 23

WORSENING TRENDS

“There’s a real high degree of frustration when it comes

to management of our federal forest lands.”

• 6.3 million acres beetle kill

• 4.3 million acres burned

• 5 million acres declining forest health/imminent risk

• Wildlife habitat degraded, clean water endangered

• Communities, recreation, & rural economies threatened

• WA DC too polarized, not interested in solutions

• We can’t wait for the federal government, it’s up to us

• The State model works well

- Gov. Steve Bullock, D-MT 2013 Western Governors Assoc

“The urgency is so apparent.”

May 2015 24

“FARM BILL PRIORITY PLAN” 5 million acres @ 5,000 acres/year

URGENCY???

=1,000 years

WORSENING TRENDS

25 May 2015

FIRE IMPACT ESTIMATE 123 million wild animals killed

4 billion pounds carcinogenic pollution

Destroying life

Wasting resources

Locking up access

Keeping poverty

prevalent

FAILING FEDERAL POLICIES

26 May 2015

May 2015 27

WE CAN DO BETTER!

May 2015 28

ANTI-STATE MYTHS:

1. YOU GAVE UP YOUR LANDS

2. IT’S UNCONSTITUTIONAL

3. IT’S IMPOSSIBLE

4. NOBODY SUPPORTS IT

5. YOU CAN’T AFFORD IT

6. YOU’LL CLOSE IT

7. YOU’LL SELL IT

"The State of Wyoming will, after

the date of admission, receive 5%

of the net receipts from all sales

of US Lands within its borders,

which will continue until all such

lands are sold.” - Governor Francis E. Warren, Inaugural Address, 1889

MYTH 1: “You Gave Up Your Lands” FACT: ONLY TEMPORARILY

Why did Governor Warren say this???

Statehood Enabling Act - 1889 The 5% Clause

“That five per centum of the proceeds of the

sales of public lands lying within said States which

shall be sold by the United States… shall be paid

to the said States, to be used as a permanent fund,

the interest of which only shall be expended for

the support of common schools within said States,

respectively.” -- Enabling Act of 1889 §13

30 May 2015

Statehood Enabling Act - 1875 The 5% Clause

“That five per centum of the proceeds of the

sales of public lands lying within said State, which

shall be sold by the United States subsequent to

the admission of said State into the Union, after

deducting all expenses incident to the same, shall

be paid to the said State for the purpose of

making such internal improvements within said

State as the legislature thereof may direct;” – Colorado Enabling Act §12; March 3, 1875

31 May 2015

Statehood Enabling Act - 1889 The Quit Claim Clause

“That the people inhabiting said proposed States

do agree and declare that they forever disclaim

all right and title to the unappropriated public

lands lying within the boundaries thereof, … and

that until the title thereto shall have been

extinguished by the United States…”

May 2015 32

NOTE:

Enabling Act of 1889 included Washington, Montana, North Dakota, and South Dakota

Statehood Enabling Acts

May 2015 33

COLRADO

&

NORTH

DAKOTA… Virtually

identical terms

of statehood

May 2015 34

WHY THE DIFFERENCE???

FEDERAL FAULT

LINE

Territory of Montana

Organic Act - 1864

“…no law shall be passed

interfering with the primary

disposal of the soil;”. – Sec. 6

“…lands in the said territory

shall be surveyed under the

direction of the government of

the United States, preparatory

to bringing the same into

market…” – Sec. 14

35 May 2015

Territory of Colorado

Organic Act - 1861

“…no law shall be passed

interfering with the primary

disposal of the soil;”. – Sec. 6

“…lands in the said territory

shall be surveyed under the

direction of the government of

the United States, preparatory

to bringing the same into

market…” – Sec. 14

36 May 2015

1932

Congressional

hearings

States rallied to kill this bill

because mineral rights would

be withheld.

37 May 2015

GRANTING REMAINING UNRESERVED

PUBLIC LANDS TO STATES

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In considering the bill now before Congress, H. R. 5840, regarding the conveyance of the public lands to the States, the general position of Colorado can, be briefly outlined as follows:

1. We contend that, in equity and justice, all of the unappropriated lands belong to the State and that the Federal Government is simply holding title as trustee until such time as the State is properly organized to take over and properly administer the same.

--ARTHUR H. KING, Register, Colorado State Board of Land Commissioners,

Granting Remaining Unreserved Public Lands to the States,

Congressional Hearings, 1932

Colorado’s Official Position to Congress

rev May 2015 39

In considering the bill now before Congress, H. R. 5840, regarding the conveyance of the public lands to the States, the general position of Colorado can, be briefly outlined as follows:

2. That the State is entitled to and should receive not only the surface rights of these lands but the subsurface as well.

--ARTHUR H. KING, Register, Colorado State Board of Land Commissioners,

Granting Remaining Unreserved Public Lands to the States,

Congressional Hearings, 1932

Colorado’s Official Position to Congress

40

3. We believe that the State of Colorado can administer these lands and conserve their natural resources to a better advantage than a bureau with headquarters in Washington...

The moment responsibilities of any community are shifted from any part of the Nation to Washington, then that community has subjected itself to a remote bureaucracy with its minimum of understanding and sympathy. It has lost a large part of its voice and its control of its own destiny.

--ARTHUR H. KING, Register, Colorado State Board of Land Commissioners,

Granting Remaining Unreserved Public Lands to the States,

Congressional Hearings, 1932

Colorado’s Official Position to Congress

rev May 2015 41

“In considering the bill now before Congress, H. R. 5840, regarding the conveyance of the public lands to the States, the general position of Colorado can, be briefly outlined as follows:

6. ... When authority is located afar off it is necessarily less well informed, less sympathetic, and less responsive to public requirements. When it is close at hand it is more likely to be executed in the public interest.” *

--ARTHUR H. KING, Register, Colorado State Board of Land Commissioners,

Granting Remaining Unreserved Public Lands to the States,

Congressional Hearings, 1932

Colorado’s Official Position to Congress

Taylor Grazing Act - 1934

42 May 2015

“TO PROMOTE THE HIGHEST USE OF THE PUBLIC LANDS

PENDING ITS FINAL DISPOSAL…”

Hawaii Enabling Act -1959

“… the United States grants to the State of Hawaii,

effective upon its admission into the Union, the United

States’ title to all the public lands and other public

property within the boundaries of the State of Hawaii,

title to which is held by the United States immediately prior

to its admission into the Union.”

43 May 2015

“Congress declares that it is the policy of the

United States that the public lands be retained in

Federal ownership, unless ... it is determined that

disposal of a particular parcel will serve the

national interest.” -FLPMA, sec. 102(a)(1)

1976 ALONG COMES FLPMA… Federal Land Policy and Management Act

44 May 2015

Q: Can Congress change the terms of statehood,

with a new, unilateral policy???

“[T]he consequences of admission are

instantaneous, and it ignores the uniquely

sovereign character of that event … to suggest

that subsequent events [acts of Congress]

somehow can diminish what has already been

bestowed. And that proposition applies a fortiori

[with even greater force] where virtually all of

the State’s public lands . . .are at stake.”

(Hawaii v. Office of Hawaiian Affairs)

- Unanimous Decision

45 May 2015

U.S. SUPREME COURT - 2009

• Enabling Acts are "solemn compacts" and "bi-lateral

[two-way] agreements" that are to be performed "in

a timely fashion" (Andrus v. Utah, 1980);

• The federal government holds territorial lands in

trust for the several states to be ultimately created

out of the territory." (Shively v. Bowlby, 1894);

46 May 2015

*

U.S. SUPREME COURT – 1980 & 1894

“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 nothing in

this Constitution shall be so construed as to

prejudice any claims of the United States, or of

any particular state.” -- U.S. Constitution Article 4, Sec 3, Cl 2

*NOTE:

The Constitution does not grant Congress power

to keep lands forever and ever!

47 May 2015

MYTH 2: “It’s Unconstitutional”

FACT: SUPREME COURT & CONSTITUTION SAY OTHERWISE…

May 2015 48

“. . . the United States never held

any municipal sovereignty,

jurisdiction or right of soil... in

the new States ... except for

temporary purposes,…”

(Pollard v. Hagan)

U.S. SUPREME COURT - 1845

May 2015 49

“The right of every new State to

exercise all the powers of

government which belong to and

may be exercised by the original

States of the Union must be

admitted and remain

unquestioned except so far as

they are

U.S. CONSTITUTION (ANNOTATED)

temporarily deprived of control

over the public lands.”

- 74th Congress, 2nd Session, Doc 232, p. 539 1938

50

“THE LEGAL

ARGUMENTS IN

FAVOR OF THE

TPLA ARE

SERIOUS” --The Federalist Society

(a national organization of 40,000

lawyers, law students, scholars

and other individuals located in

every state and law school in the

nation)

May 2015

LAW REVIEWS & LEGAL ANALYSIS

May 2015 51

MYTH 3: “It’s Impossible”

FACT: IT’S ALREADY BEEN DONE BEFORE!

52

“WESTERN STATES” IL, MO, IN, AR, LA,

AL, MS, & FL WERE AS MUCH AS 90%

FEDERALLY CONTROLLED FOR DECADES

“the federal government… became the monopolizer of vacant lands…

and this monopoly, like all monopolies, resulted in hardships to

those upon whom it acted.” --U.S. Senator Thomas Hart Benton, (D-MO)

• Full transfer

• Feds pay for mngt.

• Local gvmt hired Fed

employees

• Fed and Local gvmt

share resource

revenue 50/50

• Feds responsible for

existing hazards

EVEN CANADA DID IT!

“You tend to get better decisions from

those closest to the subject matter.” – Martin Goldney, NWT Lead Negotiator

Efforts underway in: • Utah

• Nevada

• Wyoming

• Idaho

• Montana

• Arizona

• New Mexico

• Colorado

• Alaska

• Washington

• Oregon

• South Carolina

• Tennessee

• Oklahoma

• New Hampshire

• Florida & more

MYTH 4: “Nobody supports it” FACT: MULTIPLE STATES & COUNTIES COMING ON BOARD

States Uniting! • Local, State & National

Support Growing

REPUBLICAN

NATIONAL

COMMITTEE

-RESOLUTION

OF SUPPPORT (unanimous)

MONTANA

REPUBLICAN

PARTY

-RESOLUTION

OF SUPPORT (unanimous)

May 2015 58

IT’S NOT JUST A GOP THING… *Cities, Counties, States

*School Districts/Education Assoc

*Trade Unions

*Chambers, Econ Councils

*User Groups

*Resource Industries

May 2015 59

SUPPORT IS GROWING EVERY DAY… -SPORTSMEN FOR FISH & WILDLIFE

-Farm Bureau,

-Cattlemen, etc.

Economic Development

RETURN OF FEDERAL LANDS

“THE CHAMBERS ENCOURAGE THE STATE OF MONTANA TO ADOPT A POLICY REQUESTING

THE TRANSFER AND MANAGEMENT OF FEDERAL LANDS, WHERE APPROPRIATE, TO THE STATE

OF MONTANA.”

May 2015 60

COALITION OF MONTANA CHAMBERS

Billings, Bozeman, Butte, Great Falls, Helena,

Kalispell, and Missoula

JOINT POSITION PAPERS 2012-13

NATIONAL ASSOC

OF COUNTIES

-RESOLUTION OF

SUPPORT

-PLATFORM

PLANK

-S. CAROLINA

-GEORGIA

-ARKANSAS

-TENNESEE…

-RESOLUTIONS

OF SUPPORT

…Many other states,

counties, municipalities

and organizations in

progress!

May 2015 63

U.S. CONGRESS FEDERAL LAND ACTION GROUP (FLAG)

“The federal government has been a lousy landlord for western

states and we simply think the states can do better.”

“If we want healthier forests, better access to public lands, more

consistent funding for public education and more reliable energy

development, it makes sense to have local control.”

--quotes and highlights from FLAG Press Release April 28, 2015

OBJECTIVES:

• Develop legislative framework for transferring

public lands to local ownership & control

• Explore legal and historical background

• Determine best congressional action

64 May 2015

The federal government loses 27 cents for every dollar it

spends on land management. States generate $14.51 on

average for every dollar they spend managing public lands.

MYTH 5: “You can’t afford it” FACT: MONTANA OUTPERMS FEDS 9:1

• $150 trillion mineral value on

federal lands

• $6 billion timber value on

federal lands in MT

• Outdoor recreation a multi-

billion dollar industry in

every western state

• Every dollar spent on wildfire

fuel reduction saves $17 on

firefighting costs

• Every dollar spent on wildfire

fuel reduction saves $450-

$500 in total damages

WISE RESOURCE MNGT PRODUCES REVENUE

National Debt (1940-Present)

68 May 2015

UNWISE RESOURCE MNGT PRODUCES DEBT

1980 LESS THAN

$1 TRILLION

DEBT

69 May 2015

MYTH 6: “You’ll close it” FACT: FEDERAL GOVERNMENT “SHUT DOWN”

*

WORSENING TRENDS

*

WORSENING TRENDS

*

WORSENING TRENDS

73

H.R. 2657 (Chaffetz) - To

direct the Secretary of the

Interior to sell certain

Federal lands in Arizona,

Colorado, Idaho, Montana,

Nebraska, Nevada, New

Mexico, Oregon, Utah, and

Wyoming, previously

identified as suitable for

disposal, and for other

purposes

--Disposal of Excess Federally

Managed Lands Act of 2013

May 2015

MYTH 7: “You’ll sell it” FACT: WA DC IS SELLING IT!

*MYTH: “State will Sell It!” Debt-Ridden WA DC is Selling It!

May 2, 2015, Rep.

Ted Poe (R-TX)

introduced the

American Land Act

(H.R. 1931) which

would require USFS

and BLM to auction

off 8% of the lands

they control per year

for the next 5 years.

WHO IS TRYING TO KEEP PUBLIC LANDS

PUBLIC & WHO IS NOT? WATCH THIS:

Montana State Senator Jennifer Fielder introduced SB215, An Act

Prohibiting Future Sales of Land Granted or Transferred to the State.

The first hearing was held February 9, 2015 in Senate Natural Resources.

Amazingly, the bill that would keep public lands public was OPPOSED by

National Wildlife Federation, Montana Wildlife Federation, Montana

Wilderness Assoc, Montana Audubon, and Montana Governor Steve Bullock’s

Administration … the very same groups who hosted a “Keep it Public” fund

raising rally held in the Montana Capitol the very next week. SB 215 died

after all Democrat Senators on the committee voted against keeping public

lands public.

FACT CHECK: The official bill and hearing records may be accessed at:

http://laws.leg.mt.gov/legprd/LAW0203W$BSRV.ActionQuery?P_SESS=20151&P_BLTP_BILL_TYP_C

D=SB&P_BILL_NO=215&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_ENTY_ID_SEQ2=&P_SBJ

T_SBJ_CD=&P_ENTY_ID_SEQ=

May 2015 76

www.GreenDecoys.com

WHO SPUN THE MYTHS?

May 2015 77

May 2015 78

www.GreenDecoys.com

May 2015 79

80

SB215 – INTRODUCED BY FIELDER An act prohibiting future sales of land granted or

transferred to the State

THE TRUTH

83

* May 2015

WHY TRANSFER LANDS?

84

* May 2015

WHY TRANSFER LANDS?

85

* May 2015

WHY TRANSFER LANDS?

86

* May 2015

WHY TRANSFER LANDS?

87

* May 2015

WHY TRANSFER LANDS?

88 May 2015

WHY TRANSFER LANDS?

May 2015 89

FOR MORE INFO OR TO HELP MAKE BETTER MANAGEMENT HAPPEN:

www.AmericanLandsCouncil.org