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Explanation of changes: The title of the Act has been modified to specify it is the National Act verses ones in the Legislatures of the Sovereign States declaring provisions of their Admissions Acts as invalid. Selective helicopter and horse/mule logging will be allowed near streams and water supplies since it has been proven to be ecologically safe by the Detroit District Ranger in Oregon. Clear cutting timber is prohibited in most instances. Grazing right provisions have been modified since the Courts have addressed the problem. All grazing rights are retained as they exist. The Hanford Nuclear Facility in Washington State is leaking radioactive waste into the Columbia River and funds from public lands of States bordering the river may be used to protect the life and property of their citizens. Protection and definition of status of Federal employees is further declared. Changes are italicized.
THE NATIONAL PUBLIC LANDS RESTORATION ACT
PROPOSAL BEFORE THE CONGRESS OF THE UNITED STATES
Initiated by Roger A. Stolley
Revised October 12, 1998
Whereas, the Federal Government has no legal jurisdiction or U.S. constitutional authority to own National Forests, wilderness areas, or Bureau of Land Management properties, those properties are herewith vested to the Sovereign States in which they reside including the buildings, personal property, employees, and revenues thereof. The Federal Government lacked the legal capacity to retain jurisdiction of these properties once States were admitted into the Union, and clauses in State’s Admission Acts vesting control of these properties into the Federal Government are hereby declared null and void. National Parks are exempt from this Act.
The Services -Means the United States Forest Service, the Bureau of Land Management, and the Bureau of Mines
The States - Means the sovereign and individual States within the Republic of the United States of America and their People, that are the Principal and sovereign authority over the Federal Government of the United States.
The Federal Government - The Agent of the Sovereign States.
These Properties - For the purposes of this Act means those real properties presently under the defacto jurisdiction of the United States Forest Service, Bureau of Land Management, or Bureau of Mines, including National Forests and wilderness designated areas of the Federal Government.
PHASE I - INVENTORY
Section 1. The Department of Interior is ordered to inventory within 1 year all real property, personal property, and employees of the U.S. Forest Service, Bureau of Land Management, and Bureau of Mines by category of the Sovereign States in which they reside, and provide to the President of the United States, the Senate and House Committees on Energy and Natural Resources and Finance, and the Governors of the Sovereign States in which the properties reside, the financial inventory of those assets and maintain a fiscal year inventory each year until the final year of transfer of the assets.
PHASE II - SECURING THE ASSETS
Section 1. All real property of The Services are frozen effective with the signature of this Act. They may not be transferred or sold to any entity except the Sovereign States within the Republic of the United States of America. They will not be sold to the States, but rather transferred.
a. In each Sovereign State there is herewith established the Public Lands Transfer Account, administered by the Treasury of the State, by which The Services may draw upon to pay for continuing operations and employee wages and benefits. Existing contracts for minerals, petroleum, and timber sales are herewith transferred to and vested in, and payable into the Public Lands Transfer Account within the Department of Treasury of the Sovereign States in which the properties reside. If payments into this account exceed operating expenses to maintain these public lands, they may be used within the States for:
(1) Public water and sewer systems within cities of the States.
(2) Removal of dams.
(3) Building fish ladders and fish hatcheries.
(4) Education and scientific research projects within the public schools and research institutions in matters relating to the preservation of the land, air, water, and wildlife.
(5) The Hanford Nuclear Facility in Washington State is leaking radioactive waste into the Columbia River. Funds from the public lands placed in the Public Lands Transfer Account in those States bordering the Columbia River may be used to protect the life and property of their citizens due to this threat.
b. All personal property of The Services with the effective date of this Act will not be sold, but transferred directly to the Property Management Division of the Sovereign State in which that property exists, including excess personal property.
c. All employees of The Services are herewith transferred to the Sovereign States in which their work location exists. All payroll, health & insurance benefits, and retirement programs and benefits are guaranteed intact. Existing Federal employees will remain in Federal employee status with all rights of promotion, transfer, and reassignments of positions between Federal agencies, but come under the management of State officials for their daily work.
PHASE III - PROTECTING THE ASSETS
Section 1. These Properties are conveyed to the Sovereign States to protect them, not to rape or destroy them. The intent is to preserve them for the use of the People for recreational purposes and to utilize them in a manner to protect the environment, wildlife, and resources. The Properties, meaning the real property, excluding buildings, or timber, or mineral resources thereunder, commonly referred to as United States Forest Service Property, Bureau of Land Management Properties, and those of The Bureau of Mines are conveyed back to the States wherein they reside upon the basis that they may not be sold but held in perpetual use and benefit of the People in the Sovereign States. The buildings and resources upon those lands such as timber or minerals are also conveyed, but may be used with restraint for the public good and benefit of the residents of the States in which they reside, as determined by the Legislatures of those States.
a. Timber upon those lands may be logged, but no clear cutting allowed except for public right of ways and buildings. Any logging must take into consideration fish and wildlife habitat and retention of water. Selective cutting by helicopter or horse/mule logging may occur within 100 feet of a stream that runs year round or within 5 miles of any city water reservoir.
b. All rights to water are maintained as is. However, any dams that do not have fish ladders may be removed at the discretion of the State or agreement between the States where a dam or dams joins the jurisdiction of other States.
c. Mineral resources will be controlled by the Legislatures of the States. Existing leases and their revenue conveyed in whole to the States. Existing Federal Acts protecting the land in these areas will stay in effect as Federal Law until the Legislatures of the States deem it necessary to change content of the law, with the exclusion of revenues vesting into the Public Lands Transfer Account of the State(s) where the properties reside.
d. All existing grazing rights upon public lands are conveyed as is to those holding those rights. They may be reviewed as the States’ deem necessary. Federal court cases regarding grazing lands will set precedence in their administration. Revenues from these rents revert to the State(s) Public Lands Transfer Account.
e. Public buildings upon these Properties are conveyed to the States.
f. Signs - Within 1 year of the effective date of this Act, all United States Forest Service, Bureau of Land Management, and Bureau of Mines signs will be removed from these properties and buildings by the employees of these agencies, and replaced with State signs welcoming the public. All Federal Government insignia will be removed from equipment. and vehicles and replaced with State insignia. All letterheads, stationery, and future agency documents will reference the State’s official seal and name in which the properties reside.
g. Forever, no fee will be charged to the Public for walking upon any trail or parking at trailheads, as a condition of conveyance. The right of the People to enter these properties is to be guaranteed under usual conditions. Roads may be removed to grant sanctuary to wildlife and the right of way be planted with new trees.
h. No corporation may have any right upon these properties that is not made equally available to any single American Citizen.
i. The right of the Public to hunt and fish, camp, and to bear and keep arms, upon these properties will be guaranteed by the Bill of Rights of the Federal Constitution, the Second Amendment, and per rules subject to review and control by the People of the Sovereign States.
PHASE IV - TRANSFERRING & PROTECTING THE EMPLOYEES
Section 1. All Federal Employees presently employeed by The Services on the effective date of this Act will remain as Federal Employees and retain all Federal Employment privileges and rights. All new employees after the effective date of this Act will become employees of the States.
(1) Existing Federal Employees - For the purpose of retirement, these employees will remain as Federal annuitants. All Federal Employees employeed on the effective date of this Act will remain under the Federal retirement systems they are presently under. The States will make payment into the Federal Employees Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) at the rates and times as in effect on the date of this Act, and continue to make such payments as Congress makes changes during the lifetime of these employees. They will continue to be governed and be participants in these programs and will retire under the provisions of those Acts, with continued State service credited toward their retirement. Their wages will be paid from the Public Lands Transfer Account from the State in which their duty station is located, and their status will continue to be paid according to the Federal schedules as Congress passes. General Schedule employees will remain as such, wage grade, executive service, etc.
(a) Existing Federal employees of the Services will come under the management of State officials.
(b) Existing Federal employees of the Services will retain all current status as Federal employees for promotion, reassignment, or transfer between other Federal agencies or other Federal status positions in Forestry Departments of the States.
Section 2. - New Employees - All new employees after the effective date of this Act will be considered employees within the States which they work and fall under the State(s) personnel rules, regulations, and wages. They may be paid from the Public Lands Transfer Account.
Mr. Roger A. Stolley
1115 Madison NE
Salem, OR 97303
E-mail: firstname.lastname@example.org (http://www.teleport.com/~stolleyr/sad)
Discussion on Public Lands Restoration Act
Why the Federal Government has no constitutional authority to own or control National Forests
and other public lands as stated in the Public Lands Restoration Act.
Answer: The law of agency is specific. Acts of an agent not authorized by the principal are null
and void for any purpose.
The Principal is the People and the Sovereign States.
The Agent is the Federal United States Government.
The People through the first 13 colonies created their Agent the Federal Government. They gave
their agent certain specific powers and reserved to themselves all other powers per the 9th and
10th Amendments to the United States Constitution.
The Federal Government was authorized only to own certain types of properties such as the
National Capitol, buildings and lands for federal buildings, post offices, postal roads, military
installations, and territories. Once territories became states they were no longer territories.
The first 13 colonies all maintained control of their public lands. Two of the States agreed to
sell off portions of their public lands to pay off the revolutionary war debt. Subsequent states
admitted into the Union all maintained control of their public lands and received the revenue thereof.
Texas, a separate Republic when admitted into the Union, retained control of its public lands. Except,
it surrendered to the Federal Government military installations, post offices, government buildings,
and postal roads.
Constitutionally, all States are to be admitted into the Union upon equal basis with all other
States, so that citizens have equal rights and protection of the law. The first States were able to
maintain control of their public lands and their revenues to run State programs. All States and
citizens have the same right to equal protection under the law by the 14th Amendment to the Federal
When several of the Western states, with large timber holdings were admitted into the Union,
Congress exceeded its power and placed into their admissions acts clauses that granted control of
those lands and the revenue thereof to the Federal Government. Congress lacked the legal
capacity to do so. Those clauses are invalid. The Federal Government has no legal right to own
National Forests. It is not a type of property they are authorized to own under the Federal
Constitution. It would take a constitutional amendment to allow the Federal Government to own
For example, a farmer owns a potato farm. He is the principal. He has an agent his hired
hand. The farmer tells the hired hand to take the wagon loaded with potatoes and team to town
and sell the potatoes and return with the money. The hired hand sells the wagon, team, and
potatoes and takes off with them. There is only one person in the county that can challenge the
illegal acts of their agent. That is the farmer. That is the American citizen. You the individual
must take action.
In addition, get the United Nations out of our National Parks. We do not elect one person in
the United Nations, and it is controlled by the corporations of the world.
We the sovereign citizens of this Nation challenge the illegal actions of our agent, the Federal
Government, and demand the return of our public lands and the revenue thereof.
SunBurst Technology, Inc.©
P.O. Box 7658
Salem, Oregon 97303
Voice: (503) 589-4878