Thursday, April 18, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, November 14, 2014
Courageous Hawaii Won Local Control of Public Lands With Statehood
By Selected News Articles @ 2:49 PM :: 7868 Views :: Akaka Bill, Hawaii History, Land Use

The key to statehood rights is the transfer of public lands

by Ken Ivory, member of the Utah House of Representatives, President of American Lands Council

If we fail to secure our statehood rights to the transfer of the public lands, it will not be because it is illegal, unconstitutional or impossible. If we fail to enforce this “solemn compact” of statehood, it will be because our leaders lack the knowledge or the courage to do what has already been done.

Raising a voice

As much as 90 percent of the lands in Illinois, Missouri and several other states were federally controlled for decades when Thomas Hart Benton was elected to the U.S. Senate in 1821. In “A Thirty Years View,” Benton recounts: “My election to the Senate of the United States… found me doing battle for an ameliorated system of disposing our public lands; and with some success. I resolved to move against the whole system…”

Thanks to one man, Illinois, Missouri and neighboring states have, on average, less than 5 percent federally controlled lands today. So distinguished was Benton’s courage that President John F. Kennedy featured him in his best-selling book, “Profiles in Courage.”

Is that just ancient history? Well, upon admission to the Union in 1959, the state of Hawaii exercised courage and compelled the federal government to transfer title to all the public lands directly to the state. Its Enabling Act of March 18, 1959 includes, “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… title to which is held by the United States immediately prior to its admission into the Union.”

A federal obligation

Some ignorantly assert that it would be illegal or unconstitutional for Western states to compel the federal government to transfer title of the public lands to the states even though it’s been done before — repeatedly.

Public lands held in trust

The public lands question is older than our nation. By 1780, in the midst of battling for independence, the 13 states had run completely out of money. In this dire circumstance, seven states pledged in trust to the confederated government their claims over all the Western lands, but only to:

  1. Create “distinct republican states,” with “the same rights of sovereignty, freedom and independence as the other states.”
  2. And use the proceeds from the transfer of these Western lands, if any, to pay the debts from the Revolution.

Courts, Congresses, presidents and the language of the statehood-enabling acts reaffirmed these solemn compacts, but for which our nation may have perished at its birth.

String of broken promises

In 1976, Congress enacted a policy to unilaterally alter this 200-year-old obligation, moving to retain forever the public lands in federal ownership with the Federal Lands Policy Management Act. Under FLPMA, Congress promised there would be multiple use/sustained yield with local planning on the public lands. Congress also promised to pay Western states and communities for not using their lands and resources to fund the education of their own children and care for their own communities. These promises are known as payment in lieu of taxes (PILT), secure rural schools funds (SRS) and federal mineral lease payments (FML).

PILT payments, by some estimates, were only 13 cents on the dollar of the average taxable value of the land. SRS payments were only a fraction of the revenues local communities had generated from harvesting timber. Traditionally, timber harvesting kept the forest fuel loads in check and local economies thriving. As for FML, states east of Colorado with the same statehood promises retained 100 percent of their mineral lease royalties instead of the 48 percent promised to Western states by Congress.

FLPMA imposed an untenable deal upon the Western states to be paid paltry amounts for not using their own lands and resources. This year, under the guise of “sequestration” to cut federal expenses, the federal government began limiting Western revenues in the form of PILT, SRS and FML cutbacks.

So Congress breaks its 200-year-old obligation to dispose of the public lands. Instead, it promises PILT, SRS and FML concessions, as well as multiple use/sustained yield with local planning to placate Western states. Now it is reneging on even those terrible substitute promises while imposing ever-increasing restrictions on states, communities, businesses and individuals, preventing them from using their own lands and resources to care for their own communities, lands and forests and grow the national economy in the process.

Blessing state sovereignty

Fortunately, in 2009, the U.S. Supreme Court opened the door for a resolution of this economic and environmental dilemma facing not only Western states but also our nation. In Hawaii v. Office of Hawaiian Affairs, the Supreme Court unanimously declared that “the consequences of a State’s admission are instantaneous,” such that Congress does not have the authority to unilaterally alter or diminish “the uniquely sovereign character of that event” particularly “where virtually all of the State’s public lands are at stake.” This makes sense. If Congress could unilaterally alter or diminish the very terms of statehood, states would cease to be states and would become mere administrative subdivisions of an all-powerful national government.

The only solution big enough to promote the health, access and productivity of our lands is within our reach. We must choose this to fund education, better care for our lands and forests, protect access, create jobs, and grow local, state and national economies and tax bases. If we don’t, we will answer to our children, to future generations of our states and to our nation as a whole that we failed, not because it was illegal, unconstitutional or impossible, but because we and our leaders simply lacked the knowledge and the courage.

---30---

Ken Ivory is a member of the Utah House of Representatives and the president of American Lands Council. He sponsored HB148, the Transfer of Public Lands Act, and is building a coalition to spread the knowledge that statehood promises to transfer title to public lands are the same east and west of Colorado. “It’s been done before and it’s the only solution big enough.” For information or to offer support, go to www.AmericanLandsCouncil.org.

2009: Supreme Court 9-0: "The Apology Resolution did not strip (the State of) Hawaii of its sovereign authority"

2009: Supreme Court ruling shields Hawaiian Homelands and ceded lands revenue

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT