The

Promises are the Same!

Hawaii the last and Western-most State the United States grants to the State of Hawaii,
effective upon its admission into the Union, the United States title to all the public lands and
other public property within the boundaries of the State of Hawaii, title to which is held by the
United States immediately prior to its admission into the Union. Hawaii Enabling Act, March
18, 1959
Some say that western states gave up (forever disclaimed) their lands at statehood. This
doesnt make sense! The statehood contracts (enabling acts) for the transfer of public
lands are largely the same for states east and west of Colorado. Here is a side-by-side
comparison of the enabling acts of Utah vs. North Dakota and Nevada vs. Nebraska. The
enabling acts of other western states are nearly identical. The performance of the federal
government IS NOT! Here are links to a Legal Analysis of Transfer of Public Lands
Legislation commissioned by the Federalist Society and an Executive Summary.
North Dakota
Utah
Enabling Act, February 22, 1889
Enabling Act, March 21, 1864
49.4% Federally controlled in 1896
86% Federally Controlled in 1896
3% Federally Controlled Today
67% Federally Controlled Today
The constitution shall be republican in
The constitution shall be republican in
form, and not be repugnant to the
form, and not to be repugnant to the
Constitution of the United States and the Constitution of the United States and the
principles of the Declaration of
principles of the Declaration of
Independence. And said conventions shall Independence. And said convention shall
provide, by ordinances irrevocable without provide, by ordinance irrevocable without
the consent of the United States and the
the consent of the United States and the
people of said States:- Section 4, Preamble, people of said State-- Section 3, Preamble,
ND, SD, MT, WA Enabling Act, February 22, Utah Enabling Act, July 16, 1894
1889
That the people inhabiting said proposed That the people inhabiting said proposed
States do agree and declare that they
State do agree and declare that they forever
forever disclaim all right and title to the
disclaim all right and title to the
unappropriated public lands lying within unappropriated public lands lying within
the boundaries thereof, and that until the the boundaries thereof; and that until the
title thereto shall have been extinguished by title thereto shall have been extinguished by
the United States, the same shall be and
the United States, the same shall be and
remain subject to the disposition of the
remain subject to the disposition of the
United States, and no taxes shall be
United States, and no taxes shall be
imposed by the States on lands or property imposed by the State on lands or property
therein belonging to or which may hereafter therein belonging to or which may hereafter
be purchased by the United States or
be purchased by the United States or
reserved for its use; Section 4, Second, ND, reserved for its use; Section 3, Second,
SD, MT, WA Enabling Act, February 22,
Utah Enabling Act, July 16, 1894
1889
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And if the constitutions and governments And if the constitution and government of
of said proposed States are republican in said proposed State are republican in form,
form, and if all the provisions of this Act
and if all the provisions of this Act have been
have been complied with in the formation complied with in the formation thereof, is
thereof, is shall be the duty of the President shall be the duty of the President of the
of the United States to issue his
United States to issue his proclamation
proclamation announcing the result of said announcing the result of said election, and
election in each, and thereupon the
thereupon the proposed State of Utah shall
proposed States which have adopted
be deemed admitted by Congress into the
constitutions and formed State
Union, under and by virtue of this Act, on an
governments as herein provided shall be equal footing with the original States, from
deemed admitted by Congress into the
and after the date of said proclamation.
Union under and by virtue of this act on an Section 4, Utah Enabling Act, July 16, 1894
equal footing with the original States from
and after the date of said proclamation.
Section 8, ND, SD, MT, WA Enabling Act,
February 22, 1889
That upon admission of each of said
That upon admission of said State into the
States into the Union sections numbered Union, sections numbered two, sixteen,
sixteen, and thirty-six in every township of thirty-two, and thirty-six in every township
said proposed States, and where such
of said proposed State, and where such
sections, or any parts thereof, have been
sections or any parts thereof have been sold
sold or otherwise disposed of by or under or otherwise disposed of by or under any Act
any act of Congress, other lands equivalent of Congress other lands equivalent thereto
thereto are hereby, granted to said States are hereby, granted to said State for the
for the support of common schools,
support of common schools, Section 6,
Section 10, ND, SD, MT, WA Enabling Act, Utah Enabling Act, July 16, 1894
February 22, 1889
That Iive per centum of the proceeds of the That Iive per centum of the proceeds of the
sales of public lands lying within said States sales of public lands lying within said State,
which shall be sold by the United States
which shall be sold by the United States
subsequent to the admission of said States subsequent to the admission of said State
into the Union, after deducting all expenses into the Union, after deducting all expenses
incident to the same, shall be paid to the
incident to the same, shall be paid to the
said States, to be used as a permanent fund, said State, to be used as a permanent fund,
the interest of which only shall be expended the interest of which only shall be expended
for the support of the common schools
for the support of the common schools
within said States, respectively. Section 9, within said State. Section 9, Utah Enabling
ND, SD, MT, WA Enabling Act, February 22, Act, July 16, 1894
1889

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Nebraska
Nevada
Enabling Act, April 19, 1864
Enabling Act, March 21, 1864
22% Federally Controlled in 1896
86% Federally Controlled in 1896
1% Federally Controlled Today
81% Federally Controlled Today
Provided, That the constitution when
Provided, That the constitution when
formed shall be republican, and not
formed shall be republican, and not
repugnant to the constitution of the United repugnant to the constitution of the United
States and the principles of the Declaration States and the principles of the Declaration
of Independence; And provided further, That of Independence; And provided further, That
said constitution shall provide, by an
said constitution shall provide, by an
article forever irrevocable, without the ordinance irrevocable, without the
consent of the Congress of the United
consent of the Congress of the United States
States: Section 4, Preamble, Nebraska
and the people of said state: Section 4,
Enabling Act, April 19, 1864
Preamble, Nevada Enabling Act, March 21,
1864
That the people inhabiting said territory
do agree and declare that they forever
disclaim all right and title to the
unappropriated public lands lying within
said territory, and that the same shall be
and remain at the sole and entire
disposition of the United States, and that
no taxes shall be imposed by said state on
lands or property therein belonging to or
which may hereafter be purchased by the
United States. Section 5, Third, Nebraska
Enabling Act, April 19, 1864

That the people inhabiting said territory

do agree and declare that they forever
disclaim all right and title to the
unappropriated public lands lying within
said territory, and that the same shall be
and remain at the sole and entire
disposition of the United States, and that
no taxes shall be imposed by said state on
lands or property therein belonging to or
which may hereafter be purchased by, the
United States. Section 5, Third, Nevada
Enabling Act, March 21, 1864

declaring the state admitted into the

declaring the state admitted into the
Union on an equal footing with the original Union on an equal footing with the original
states, without any further action whatever states, without any further action whatever
on the part of congress. Section 5,
on the part of congress. Section 5, Nevada
Nebraska Enabling Act, April 19, 1864
Enabling Act, March 21, 1864 (See also,
Section 1)
That sections numbered sixteen and thirty- That sections numbered sixteen and thirty-
six in every township, and when such
six in every township, and where such
section have been sold or otherwise
sections have been sold or otherwise
disposed of by any act of congress, other
disposed of by any act of congress, other
lands equivalent thereto shall be, and are lands equivalent thereto shall be, and are
hereby, granted to said state for the support hereby, granted to said state for the support
of common schools. Section 7, Nebraska of common schools. Section 7, Nevada
Enabling Act, April 19, 1864
Enabling Act, March 21, 1864

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That Iive per centum of the proceeds of the That Iive per centum of the proceeds of the
sales of all public lands lying within said
sales of all public lands lying within said
state, which have been or shall be sold by state, which shall be sold by the United
the United States prior or subsequent to States subsequent to the admission of said
the admission of said state into the Union, state into the Union, after deducting all
after deducting all expenses incident to the expenses incident to the same, shall be paid
same, shall be paid to the said state for the to the said state for the purpose of
support of common schools. Section 12, making and improving public roads,
Nebraska Enabling Act, April 19, 1864
constructing ditches or canals, to effect a
general system of irrigation of the
agricultural land in the state, as the
legislature shall direct. Section 12,
Nevada Enabling Act, March 21, 1864

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