 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
federal lands; transfer to states
Purpose
Urges the U.S. Congress and the President of the United States to enact legislation that would transfer 30 percent of all federally controlled lands in the west to their respective states by 2030.
Background
According to the Arizona State Land Department, land ownership in Arizona is categorized as: 1) 42.1 percent Federal; 2) 27.6 percent Indian Reservation; 3) 17.6 percent Private; and 4) 12.7 percent State Trust (ASLD).
The U.S. Constitution authorizes a new state to be admitted by Congress into the Union but prohibits a new state from being formed or erected within the jurisdiction of any other state. Any state being formed by the jurisdiction of two or more states, or parts of states, must have consent of the Legislatures of the states as well as of Congress. The Equal Footing Doctrine provides that every new state may exercise all the powers of government which belong to the original 13 states, and it acquires general jurisdiction, civil and criminal, for the preservation of public order, and the protection of persons and property through its territories, except any lands the United States has reserved for its property (U.S. Const. art. 4 § 3).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Urges the U.S. Congress to immediately pass and the President of the United States to sign legislation that requires 30 percent of all federally controlled lands in the west to be given to their respective states by 2030 under the equal footing doctrine as enshrined in the U.S. Constitution.
2. Urges the U.S. Congress to engage in good faith communication, corporation, coordination and consultation with western states regarding the immediate disposal of the public lands directly to those states.
3. Requires the Secretary of State to transmit copies of the memorial to the President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives and each member of Congress from Arizona.
House Action
LARA 2/12/24 DP 5-4-0-0
3rd Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 11, 2024
JT/slp