Presentation given by Senator Jennifer Fielder in Cortez, Colorado - May 18, 2015

2. Connect with me at www.jenniferfielder.us
Senator Jennifer Fielder
Montana State Senate - District 7
Chair - SJ15 Legislative Study of Federal Land Management

3. rev May 20153
MONTANA
RED = FEDERALLY CONTROLLED LANDS
(over 27 million acres under federal control in MT)
My
Home MT
WY
ID

4. rev May 2015
By Sen. Jennifer Fielder - Montana
www.jenniferfielder.us
4

5. rev May 20155

6. *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

7. “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

8. “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

9. *96% - SEVERE
CATASTROPHIC
WILDFIRE CONDITIONS
*79% - IMPORTANT
HABITAT AT RISK
9 May 2015
SJ-15: COUNTY SURVEY RESPONSES

10. *62% - AIR QUALITY
FALLS BELOW
ACCEPTABLE
HEALTH STANDARDS
10
*
May 2015
SJ-15: COUNTY SURVEY RESPONSES

11. *64% - FEDERAL
LAND MANAGEMENT
DIMINISHES WATER
YIELD
11
*
May 2015
SJ-15: COUNTY SURVEY RESPONSES

12. *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

13. *96% - MOTORIZED
ACCESS VERY
IMPORTANT for
SUSTENANCE - i.e.
firewood, berries, wild
game, etc.
13
*
May 2015
SJ-15: COUNTY SURVEY RESPONSES

14. *0% - WANT LESS
MULTIPLE USE
ACCCESS ROUTES
ON FEDERAL LANDS
14
*
May 2015
SJ:15 COUNTY SURVEY RESPONSES

15. *
WORSENING TRENDS

16. *
“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

17. 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

18. 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
MMBF(MillionBoardFeet)
“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. 19
WORSENING TRENDS
May 2015
ESA FLPMA

20. WORSENING TRENDS
20
Decreased Logging = Increased Wildfire
May 2015

21. 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

22. “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.”

23. May 201523
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.”

24. May 201524
“FARM BILL PRIORITY PLAN”
5 million acres @ 5,000 acres/year
URGENCY???
=1,000 years

25. WORSENING TRENDS
25 May 2015
FIRE IMPACT ESTIMATE
123 million wild animals killed
4 billion pounds carcinogenic pollution

26.  Destroying life
 Wasting resources
 Locking up access
 Keeping poverty
prevalent
FAILING FEDERAL POLICIES
26 May 2015

27. May 201527
WE CAN DO BETTER!

28. May 201528
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

29. "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???

30. 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

31. 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

32. 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 201532
NOTE:
Enabling Act of 1889 included Washington, Montana, North Dakota, and South Dakota

33. Statehood Enabling Acts
May 201533
COLRADO
&
NORTH
DAKOTA…
Virtually
identical terms
of statehood

34. May 201534
WHY THE DIFFERENCE???
FEDERAL FAULT
LINE

35. 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

36. 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

37. 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

38. rev May 201538
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

39. rev May 201539
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. 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

41. rev May 201541
“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

42. Taylor Grazing Act - 1934
42 May 2015
“TO PROMOTE THE HIGHEST USE OF THE PUBLIC LANDS
PENDING ITS FINAL DISPOSAL…”

43. 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

44. “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???

45. “[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

46. • 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

47. “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…

48. May 201548
“. . . 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

49. May 201549
“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. 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

51. May 201551
MYTH 3: “It’s Impossible”
FACT: IT’S ALREADY BEEN DONE BEFORE!

52. 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)

53. • 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

54. 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

55. States Uniting!
• Local, State & National
Support Growing

56. REPUBLICAN
NATIONAL
COMMITTEE
-RESOLUTION
OF SUPPPORT
(unanimous)

57. MONTANA
REPUBLICAN
PARTY
-RESOLUTION
OF SUPPORT
(unanimous)

58. May 201558
IT’S NOT JUST
A GOP THING…
*Cities, Counties, States
*School
Districts/Education
Assoc
*Trade Unions
*Chambers, Econ Councils
*User Groups
*Resource Industries

59. May 201559
SUPPORT IS
GROWING
EVERY DAY…
-SPORTSMEN FOR
FISH & WILDLIFE
-Farm Bureau,
-Cattlemen, etc.

60. 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 201560
COALITION OF MONTANA CHAMBERS
Billings, Bozeman, Butte, Great Falls, Helena,
Kalispell, and Missoula
JOINT POSITION PAPERS 2012-13

61. NATIONAL ASSOC
OF COUNTIES
-RESOLUTION OF
SUPPORT
-PLATFORM
PLANK

62. -S. CAROLINA
-GEORGIA
-ARKANSAS
-TENNESEE…
-RESOLUTIONS
OF SUPPORT
…Many other states,
counties, municipalities
and organizations in
progress!

63. May 201563
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. 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

67. • $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

68. National Debt
(1940-Present)
68
May 2015
UNWISE RESOURCE MNGT PRODUCES DEBT
1980
LESS THAN
$1 TRILLION
DEBT

69. 69 May 2015
MYTH 6: “You’ll close it”
FACT: FEDERAL GOVERNMENT “SHUT DOWN”

70. *
WORSENING TRENDS

71. *
WORSENING TRENDS

72. *
WORSENING TRENDS

73. 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!

74. *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.

75. 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=

76. May 201576
www.GreenDecoys.com
WHO SPUN THE MYTHS?

77. May 201577

78. May 201578
www.GreenDecoys.com

79. May 201579

80. 80
SB215 – INTRODUCED BY FIELDER
An act prohibiting future sales of land granted or
transferred to the State

81. THE TRUTH

83. 83
*
May 2015
WHY TRANSFER LANDS?

84. 84
*
May 2015
WHY TRANSFER LANDS?

85. 85
* May 2015
WHY TRANSFER LANDS?

86. 86
* May 2015
WHY TRANSFER LANDS?

87. 87
*
May 2015
WHY TRANSFER LANDS?

88. 88 May 2015
WHY TRANSFER LANDS?

89. May 201589
FOR MORE INFO OR TO HELP MAKE BETTER MANAGEMENT HAPPEN:
www.AmericanLandsCouncil.org