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R E S O L U T I O N
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WHEREAS, Under Article IV, Section 3, of the United States |
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Constitution, "The Congress shall have power to dispose of and make |
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all needful rules and regulations respecting the territory or other |
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property belonging to the United States"; and |
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WHEREAS, The Constitutional Convention intended this |
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provision of the constitution to maintain the status quo that had |
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been established to transfer federal territorial lands only to |
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create new states with the same rights of sovereignty, freedom, and |
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independence as the original states; under these express terms of |
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trust, over time the states claiming federal territorial land ceded |
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their western land to the confederated union to allow the |
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confederated government to dispose of the lands only to create new |
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states and apply the net proceeds of any sales of the lands only to |
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pay down the public debt; and |
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WHEREAS, The constitution contains no expression of intent to |
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authorize the federal government to indefinitely exercise control |
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over western public lands beyond the duty to manage the lands |
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pending the disposal of the lands to create new states; moreover, |
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limiting the ability of western states to access and utilize the |
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natural resources on public lands within their borders is having a |
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negative impact upon the economy of the western states and |
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therefore on the economy of the entire nation; and |
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WHEREAS, The lands should be returned to the western states, |
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and upon transfer, in order to promote legitimate federal |
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interests, the states where the land is located should agree to |
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affirmatively cede lands for the National Park System and the |
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National Wilderness Preservation System, as well as lands reserved |
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for federal military use, military parks, and military reservations |
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to the federal government on condition that the lands permanently |
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remain national park lands, and that they not be sold, transferred, |
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left in substantial disrepair, or conveyed to any party other than |
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the state where the land is located; and |
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WHEREAS, A fair, just, and equitable remedy for the federal |
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government's past and continuing breaches of its solemn promises to |
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the western states requires that the federal government transfer |
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title to all federal public lands within the western states to the |
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state where the land is located; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 84th Texas |
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Legislature hereby respectfully urge the United States Congress to |
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engage in good faith communication, cooperation, and consultation |
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with the western states to coordinate the transfer of the public |
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lands; and, be it further |
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RESOLVED, That upon transfer of the public lands, the states |
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involved be called upon to agree to affirmatively cede to the |
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federal government all lands currently designated as part of the |
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National Park System or the National Wilderness Preservation System |
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or for military use, military parks, or military reservations; and, |
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be it further |
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RESOLVED, That if any public land in the western states be |
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sold to private owners, the states selling the land be urged to |
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designate 95 percent of the net proceeds for the purpose of paying |
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down the federal debt; and, be it further |
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RESOLVED, That all other states of the United States be |
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called upon to pass a similar resolution in support of the transfer |
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of the federal public lands to the western states; and, be it |
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further |
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RESOLVED, That the chief clerk of the Texas House of |
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Representatives forward official copies of this resolution to the |
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president of the United States, to the president of the Senate and |
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the speaker of the House of Representatives of the United States |
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Congress, and to all the members of the Texas delegation to Congress |
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with the request that this resolution be entered in the |
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Congressional Record as a memorial to the Congress of the United |
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States of America. |