[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Page H2714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 5744.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill addresses management of federal land. 
     Accordingly, we turn to the following constitutional 
     authority:
       Article IV, Section 3, Clause 2.
       The Congress shall have Power to dispose of and make all 
     needful Rules and Regulations respecting the Territory or 
     other Property belonging to the United States; and nothing in 
     this Constitution shall be so construed as to Prejudice any 
     Claims of the United States, or of any particular State.
       Currently, the federal government possesses approximately 
     1.8 billion acres of land. The land at issue in this bill is 
     but a small part of those holdings. The U.S. Constitution 
     specifically addresses the relationship of the federal 
     government to lands. Article IV, Sec.  3, Clause 2--the 
     Property Clause--gives Congress plenary power and full 
     authority over federal property. The U.S. Supreme Court has 
     described Congress's power to legislate under this Clause as 
     ``without limitation.'' Because of this express 
     Constitutional authority, Congress has the right, if not the 
     duty, to properly manage its public lands, including 
     establishing forestation policies, and tree harvesting and 
     tree salvaging. This bill falls squarely within the express 
     Constitutional power set forth in the Property Clause.