[Congressional Record Volume 162, Number 43 (Thursday, March 17, 2016)]
[House]
[Pages H1462-H1463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 4786.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article IV, Section 3, Clause 2 (the Property Clause). 
     Under this clause, Congress has

[[Page H1463]]

     the power to dispose of and make all needful rules and 
     regulations respecting the territory or other property 
     belonging to the United States. By virtue of this enumerated 
     power, Congress has governing authority over the lands, 
     territories, or other property of the United States--and with 
     this authority Congress is vested with the power to all 
     owners in fee, the ability to sell, lease, dispose, exchange, 
     convey, or simply preserve land. The Supreme Court has 
     described this enumerated grant as one ``without limitation'' 
     Kleppe v New Mexico, 426 U.S. 529, 542-543 (1976) (``And 
     while the furthest reaches of the power granted by the 
     Property Clause have not been definitely resolved, we have 
     repeatedly observed that the power over the public land thus 
     entrusted to Congress is without limitation.'') Historically, 
     the the federal government transferred ownership of federal 
     property to either private ownership or the states in order 
     to pay off large Revolutionary War debts and to assist with 
     the development of infrastructure.