1. The
Promises
are
the
Same!
Hawaii
–
the
last
and
Western-­‐most
State
“…
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.”
Hawaii
Enabling
Act,
March
18,
1959
Some
say
that
western
states
gave
up
(“forever
disclaimed”)
their
lands
at
statehood.
This
doesn’t
make
sense!
The
statehood
contracts
(“enabling
acts”)
for
the
transfer
of
public
lands
are
largely
the
same
for
states
east
and
west
of
Colorado.
Here
is
a
side-­‐by-­‐side
comparison
of
the
enabling
acts
of
Utah
vs.
North
Dakota
and
Nevada
vs.
Nebraska.
The
enabling
acts
of
other
western
states
are
nearly
identical.
The
performance
of
the
federal
government
IS
NOT!
Here
are
links
to
a
Legal
Analysis
of
Transfer
of
Public
Lands
Legislation
commissioned
by
the
Federalist
Society
and
an
Executive
Summary.
North
Dakota
Enabling
Act,
February
22,
1889
49.4%
Federally
controlled
in
1896
3%
Federally
Controlled
Today
Utah
Enabling
Act,
March
21,
1864
86%
Federally
Controlled
in
1896
67%
Federally
Controlled
Today
“The
constitution
shall
be
republican
in
form,
…
and
not
be
repugnant
to
the
Constitution
of
the
United
States
and
the
principles
of
the
Declaration
of
Independence.
And
said
conventions
shall
provide,
by
ordinances
irrevocable
without
the
consent
of
the
United
States
and
the
people
of
said
States:-­”
Section
4,
Preamble,
ND,
SD,
MT,
WA
Enabling
Act,
February
22,
1889
“The
constitution
shall
be
republican
in
form,
…
and
not
to
be
repugnant
to
the
Constitution
of
the
United
States
and
the
principles
of
the
Declaration
of
Independence.
And
said
convention
shall
provide,
by
ordinance
irrevocable
without
the
consent
of
the
United
States
and
the
people
of
said
State-­-­”
Section
3,
Preamble,
Utah
Enabling
Act,
July
16,
1894
“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,
the
same
shall
be
and
remain
subject
to
the
disposition
of
the
United
States,
and
…
no
taxes
shall
be
imposed
by
the
States
on
lands
or
property
therein
belonging
to
or
which
may
hereafter
be
purchased
by
the
United
States
or
reserved
for
its
use;”
Section
4,
Second,
ND,
SD,
MT,
WA
Enabling
Act,
February
22,
1889
“That
the
people
inhabiting
said
proposed
State
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,
the
same
shall
be
and
remain
subject
to
the
disposition
of
the
United
States,
and
…
no
taxes
shall
be
imposed
by
the
State
on
lands
or
property
therein
belonging
to
or
which
may
hereafter
be
purchased
by
the
United
States
or
reserved
for
its
use;”
Section
3,
Second,
Utah
Enabling
Act,
July
16,
1894
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2. “And
if
the
constitutions
and
governments
of
said
proposed
States
are
republican
in
form,
and
if
all
the
provisions
of
this
Act
have
been
complied
with
in
the
formation
thereof,
is
shall
be
the
duty
of
the
President
of
the
United
States
to
issue
his
proclamation
announcing
the
result
of
said
election
in
each,
and
thereupon
the
proposed
States
which
have
adopted
constitutions
and
formed
State
governments
as
herein
provided
shall
be
deemed
admitted
by
Congress
into
the
Union
under
and
by
virtue
of
this
act
on
an
equal
footing
with
the
original
States
from
and
after
the
date
of
said
proclamation.”
Section
8,
ND,
SD,
MT,
WA
Enabling
Act,
February
22,
1889
“And
if
the
constitution
and
government
of
said
proposed
State
are
republican
in
form,
and
if
all
the
provisions
of
this
Act
have
been
complied
with
in
the
formation
thereof,
is
shall
be
the
duty
of
the
President
of
the
United
States
to
issue
his
proclamation
announcing
the
result
of
said
election,
and
thereupon
the
proposed
State
of
Utah
shall
be
deemed
admitted
by
Congress
into
the
Union,
under
and
by
virtue
of
this
Act,
on
an
equal
footing
with
the
original
States,
from
and
after
the
date
of
said
proclamation.”
Section
4,
Utah
Enabling
Act,
July
16,
1894
“That
upon
admission
of
each
of
said
States
into
the
Union
sections
numbered
sixteen,
and
thirty-­six
in
every
township
of
said
proposed
States,
and
where
such
sections,
or
any
parts
thereof,
have
been
sold
or
otherwise
disposed
of
by
or
under
any
act
of
Congress,
other
lands
equivalent
thereto
…
are
hereby,
granted
to
said
States
for
the
support
of
common
schools,
…”
Section
10,
ND,
SD,
MT,
WA
Enabling
Act,
February
22,
1889
“That
upon
admission
of
said
State
into
the
Union,
sections
numbered
two,
sixteen,
thirty-­two,
and
thirty-­six
in
every
township
of
said
proposed
State,
and
where
such
sections
or
any
parts
thereof
have
been
sold
or
otherwise
disposed
of
by
or
under
any
Act
of
Congress
other
lands
equivalent
thereto
…
are
hereby,
granted
to
said
State
for
the
support
of
common
schools,
…”
Section
6,
Utah
Enabling
Act,
July
16,
1894
“That
Iive
per
centum
of
the
proceeds
of
the
sales
of
public
lands
lying
within
said
States
which
shall
be
sold
by
the
United
States
subsequent
to
the
admission
of
said
States
into
the
Union,
after
deducting
all
expenses
incident
to
the
same,
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
the
common
schools
within
said
States,
respectively.”
Section
9,
ND,
SD,
MT,
WA
Enabling
Act,
February
22,
1889
“That
Iive
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,
to
be
used
as
a
permanent
fund,
the
interest
of
which
only
shall
be
expended
for
the
support
of
the
common
schools
within
said
State.”
Section
9,
Utah
Enabling
Act,
July
16,
1894
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3. Nebraska
Enabling
Act,
April
19,
1864
22%
Federally
Controlled
in
1896
1%
Federally
Controlled
Today
Nevada
Enabling
Act,
March
21,
1864
86%
Federally
Controlled
in
1896
81%
Federally
Controlled
Today
“Provided,
That
the
constitution
when
formed
shall
be
republican,
and
not
repugnant
to
the
constitution
of
the
United
States
and
the
principles
of
the
Declaration
of
Independence;
And
provided
further,
That
said
constitution
shall
provide,
by
an
article
forever
irrevocable,
without
the
consent
of
the
Congress
of
the
United
States:”
Section
4,
Preamble,
Nebraska
Enabling
Act,
April
19,
1864
“Provided,
That
the
constitution
when
formed
shall
be
republican,
and
not
repugnant
to
the
constitution
of
the
United
States
and
the
principles
of
the
Declaration
of
Independence;
And
provided
further,
That
said
constitution
shall
provide,
by
an
ordinance
irrevocable,
without
the
consent
of
the
Congress
of
the
United
States
and
the
people
of
said
state:”
Section
4,
Preamble,
Nevada
Enabling
Act,
March
21,
1864
“That
the
people
inhabiting
said
territory
do
agree
and
declare
that
they
forever
disclaim
all
right
and
title
to
the
unappropriated
public
lands
lying
within
said
territory,
and
that
the
same
shall
be
and
remain
at
the
sole
and
entire
disposition
of
the
United
States,
and
that
…
no
taxes
shall
be
imposed
by
said
state
on
lands
or
property
therein
belonging
to
or
which
may
hereafter
be
purchased
by
the
United
States.”
Section
5,
Third,
Nebraska
Enabling
Act,
April
19,
1864
“That
the
people
inhabiting
said
territory
do
agree
and
declare
that
they
forever
disclaim
all
right
and
title
to
the
unappropriated
public
lands
lying
within
said
territory,
and
that
the
same
shall
be
and
remain
at
the
sole
and
entire
disposition
of
the
United
States,
and
that
…
no
taxes
shall
be
imposed
by
said
state
on
lands
or
property
therein
belonging
to
or
which
may
hereafter
be
purchased
by,
the
United
States.”
Section
5,
Third,
Nevada
Enabling
Act,
March
21,
1864
“…
declaring
the
state
admitted
into
the
Union
on
an
equal
footing
with
the
original
states,
without
any
further
action
whatever
on
the
part
of
congress.”
Section
5,
Nebraska
Enabling
Act,
April
19,
1864
“…
declaring
the
state
admitted
into
the
Union
on
an
equal
footing
with
the
original
states,
without
any
further
action
whatever
on
the
part
of
congress.”
Section
5,
Nevada
Enabling
Act,
March
21,
1864
(See
also,
Section
1)
“That
sections
numbered
sixteen
and
thirty-­
six
in
every
township,
and
when
such
section
have
been
sold
or
otherwise
disposed
of
by
any
act
of
congress,
other
lands
equivalent
thereto
…
shall
be,
and
are
hereby,
granted
to
said
state
for
the
support
of
common
schools.”
Section
7,
Nebraska
Enabling
Act,
April
19,
1864
“That
sections
numbered
sixteen
and
thirty-­
six
in
every
township,
and
where
such
sections
have
been
sold
or
otherwise
disposed
of
by
any
act
of
congress,
other
lands
equivalent
thereto
…
shall
be,
and
are
hereby,
granted
to
said
state
for
the
support
of
common
schools.”
Section
7,
Nevada
Enabling
Act,
March
21,
1864
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4. “That
Iive
per
centum
of
the
proceeds
of
the
sales
of
all
public
lands
lying
within
said
state,
which
have
been
or
shall
be
sold
by
the
United
States
prior
or
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
support
of
common
schools.”
Section
12,
Nebraska
Enabling
Act,
April
19,
1864
“That
Iive
per
centum
of
the
proceeds
of
the
sales
of
all
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
and
improving
public
roads,
constructing
ditches
or
canals,
to
effect
a
general
system
of
irrigation
of
the
agricultural
land
in
the
state,
as
the
legislature
shall
direct.”
Section
12,
Nevada
Enabling
Act,
March
21,
1864
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