The document discusses the history of trusts being used to transfer property to recipients at a future time. It outlines how in 1780, the original states created a trust agreement over western lands that bound Congress to create new states with sovereignty and independence, using proceeds to pay national debt. However, over time federal control of public lands has restricted access, economic opportunity, and threatened local control. The document advocates for joining the American Lands Council to work towards transferring public lands control to state and local governments.

1. Broken Trust
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.
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 reaffirmed
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entirely withdrawn.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
To secure and defend local control of
land access, land use and land ownership
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!
Join ALC Today
and become part of
The Only Solution Big Enough!
@AmericanLandsCn
www.AmericanLandsCouncil.org
With Your Support ...
•Individuals and businesses are joining and
helping to fund the mission of ALC;
‣ Join ALC and Donate now - and encourage
friends, businesses, organizations and govts;
‣ Sign the Petition;
‣ Follow and regularly share ALC info;
•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.
• States are running TPLA legislation and
networking public lands transfer efforts:
‣ 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.
Your Support Is Needed Now
www.AmericanLandsCouncil.org
801.ALC.6622 ◆ info@AmericanLandsCouncil.org
252
More Than Ever
To Bring About
The Only Solution Big Enough!

2. Be Part Of
The Only Solution Big Enough!
Without Your Help NOW We Could Lose
Access and Use of Public Lands Forever!
• In March of 2013, Ecuador was forced to
auction 700,000 acres of land and natural
resources to pay debts to China;
The federal government is broke, yet it is:
•Closing tens of thousands of roads on
public lands denying access for hunting,
fishing, recreation, ranching, grazing, mining,
fire breaks, access to school lands, etc;
• Burning up our forests, killing millions of
animals, polluting the air, and destroying
watershed, property and life, instead of
managing for healthier forests that used to
fund schools, provide jobs, and a taxbase;
‣ The FBI warns that Al Qaeda is targeting
our mismanaged forests as jihad weapons;
• Begging, borrowing and burning
resources, instead of using the more than
$150 Trillion in minerals locked up in
federally controlled lands to create jobs, fund
education, reduce deficits, pay debts, and
provide energy independence;
• Driving businesses and jobs out of state
with burdensome regulations on public lands
subject to change with little warning;
• Destroying state and local government
budgets thru sequestration cuts, reneging on
mineral lease royalties, demanding counties
payback Secure Rural School (SRS) funds,
dishonoring Payment in Lieu of Taxes (PILT)
promises, and printing billions of dollars
monthly to overspend with no budget.
The most important action you can take
today is to JOIN ALC and become part of
The Only Solution Big Enough to protect
public lands, our future, and our way of life!
The Promises are the Same!
The promise of the federal government to
“extinguish title” (transfer title) to the public
lands is the same to all newly created states -
both east and West of Colorado. The U.S.
Supreme Court refers to these statehood
contracts (Enabling Acts) as “trusts,” “solemn
compacts,” and “bi-lateral agreements” to be
performed “in a timely fashion.
So, Why The Difference?
It’s Not when the states were created.
CA statehood 1850, 47.7% public lands vs.
OK statehood 1907, 1.6% public lands. Or,
ID statehood 1890, 61.7% public lands vs.
ND statehood 1889, 3.9% public lands.
It’s Not the terms of transfer in their Enabling
Acts because those are virtually the same.
For nearly 200 years, Congress recognized its
duty to disposed of the public lands. It wasn’t
until 1976 that Congress unilaterally declared
that it was their new “policy to retain these
lands in federal ownership.” (FLPMA).
However, in 2009, the U.S. Supreme Court
unanimously declared that Congress doesn’t
have the authority to unilaterally change “the
uniquely sovereign character” of a state’s
admission into the Union, particularly “where
virtually all of a state’s public lands are a
stake.” Hawaii v. OHA.
It’s Been Done Before!
For decades, the federal government
controlled as much as 90% of the lands in
Illinois, Missouri and other states (IN, IL,
MO, AR, LA, AL, MS, FL). They complained
that because of this, they could not fund
education, grow their economies, or
responsibly utilize their abundant resources.
(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, 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.
It’s Already Been Done Before!