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The western and eastern states do not have equal footing, as is required under the U.S. Constitution. The eastern colony/states were recognized as having full sovereignty over all their land. The lands west of the colonies and east of the Mississippi - known as the “western wastelands” were deeded to the federal government for sale for common war debt. This was part of the deal to go from a confederation to a constitutional government. All public lands (National Forests and parks) in the east were either purchased land or land given to the U.S.

The lands west of Mississippi were gained by conquest (war with Mexico) or by purchase. Under the homesteading system, folks would perfect their claim to surveyed land (called “public land” as opposed to unsurveyed “public domain land”) by acts of discovery, possession, continuous beneficial use set forth in the homestead acts. Once that claim was perfected, a land patent or evidence of original title could be issued by the federal land office. Then in the late 1890s- early 1900s, the federal government began to “withdraw” forest land from the action of the homestead acts. Supposedly, this was to ensure a constinous supply of lumber for the American public and continuous flows of water for downriver communities. These “Forest Reserves” became the National Forests.

Since the homestead acts were geared to farming operations that suited the size of farms in the wet east coast, ranchers in the arid west had to expand their grazing operations onto the public lands. They secured state water rights for the lands, rights of way over the land and a right to associated forage. Because the water rights were already appropriated, homesteads were not claimed in many areas. “Public lands” left over from homesteading in the west were claimed under FLPMA in 1976 as belonging to the federal government (BLM.)

The federal government likes to cite enabling acts as acquiesence by the new states that the federal government can keep the land it stole from the people of the western states. However, there have been several SCOTUS opinions that enabling act provisions such as this are not binding on the new state legislature. (The only exception would be Alaskan lands actually physically excluded from statehood and kept in federal ownership and certain tribal treaty lands, which were excluded from the action of statehood.

Others frequently cite Article IV Section 3 Clause 2 of the Constitution. However, looking back to the date of the document, the lands west of the Mississippi did not exist as part of the United States at this time. The clause applied only to the “western wastelands” east of the Mississippi which had been given by deeds of cession from the colony/states to the federal government to sell to settle mutual war debt.

Until the federal lands of the west are returned to the people of those states and the combined federal government of all the states cease to control large areas of land in the west, the western states will never be equal with the eastern states.

GIVE US OUR LAND BACK! (Petition to return public lands to local government)http://giveusourlandback.org/