Public Lands and Resources
Mason Gaffney: Oil and Gas
Leasing: a Study in
Pseudo-Socialism
Another form of Managerial Socialism is direct
administration of public lands. Our National Forests
are an example. The track record is not good. The
Forest Service manages a national asset worth over
$100 billions, from which it generates no positive
cash flow. Latent surpluses die a-borning. At one
time this was from an excess of ideological
commitment to slow cutting cycles and "community
stability," as exemplified by Congressman James
Weaver's dedication to Roseburg, OR. More recently it
is from internalizing profits and plowing them into
roading submarginal forests for premature cutting.
Either way it soaks in revenues from other sources,
yielding nothing back. Even if one likes the model,
it could not be universalized.
More commonly, public landlords lease lands to
private firms, limiting their managerial input to
dirigisme expressed in regulations and guidelines.
The Bureau of Land Management (BLM) thus administers
its vast empire as mainly a passive landlord. Its
main task is just collecting rents. To the extent The
Bureau does a good job, or Congress lets it do a good
job, this evinces more of Distributive than
Managerial Socialism. To the extent it does a bad job
it is "Pseudo-Socialism," to be discussed presently.
...
Distributive Socialism also means
administering public lands pro-actively,
affirmatively, to maximize revenue, in the manner of
private landlords. Not to do so is to let private
lessees keep and privatize the surpluses generated by
resources in the public domain. The NDP in B.C.
earned its Socialist stripes by raising rents on
Crown lands owned by the Province ("The Crown
Provincial," in Canadian terms). The Minister of
Lands did this directly by renegotiating timber and
other leases, on a site-specific
basis. ...
Pseudo-Socialism is what
happens when resources in the public domain are
leased below a market rental, giving
away part of the public interest. That has
the effect of installing the lessee as though he were
the owner. The BLM, leasing grazing privileges on
Federal lands in the west, has fallen into this
pattern conspicuously and notoriously, subject to
pressure from western Senators who have the power of
many votes in the U.S. Senate relative to their state
populations. The dollar values are small, but the
object lesson is visible, depressing, and
cautionary.
- Some other bad examples are school section lands in the middle
states. These originated as Federal land grants
intended to support local schools. Some of them are
corruptly let to insiders in "sweetheart deals" for
token rents.
- Another bad example is the County of Los
Angeles, which owns lands in the Marina del Rey district. One parcel lay
idle for 25 years in the control of a politically
well-connected developer who finally went bankrupt
and walked away from it, leaving unpaid even the
token rent charged.
- A third bad example is ironic: Fairhope,
AL, founded and chartered specifically as a
"single-tax colony," to exemplify the principles of
Henry George. The Fairhope Corporation owns the
land and collects the ground rent for public
purposes. However, when a new generation arose
"that knew not Joseph" it proved politically
impossible to keep colony ground rents up to
market.
III. ADMINISTERING PUBLIC LANDS FOR JUSTICE AND
EFFICIENCY Here are four corners of an effective
policy for socializing rent from public lands:
participate in revenues; control time of lease sales
for the seller's best advantage; participate in
exploration; and participate in
marketing.
A. Participating in revenues
1. Defer payments
...
2. Vary payments according to what is on
the site, as that is disclosed by exploration and
production. ...
3. Give credits for lessee inputs,
writing these off against later royalties.
...
4. Leave a bid variable to soak up any
advantage of the leasehold site that the lessor has
overlooked in setting the parameter charges, but sharp or
sanguine bidders detect. ...
B. Timing lease
sales
C. Participating in
exploration
Public landlords today generally know less about
their own property than do private firms. The firms have
leave to range all over unleased lands, taking seismic
soundings, studying satellite images, developing
sophisticated, top-secret computerized models of the
geology, even doing a bit of exploratory, pre-leasing
drilling. When potential lessees know more than the
public's agents, the latter's bargaining power is deeply
eroded.
The public may protect itself in
several ways. One is to do some drilling of its own -- it
may hire the same contractors used by industry. Another is
by checkerboarding followed by "drainage sales": sales of
parcels abutting proved producing leaseholds. A third is by
registering all well logs.
D. Participating in
marketing Royalties received by lessors are a
percentage of wellhead price, but who sets the price?
Transfer pricing scams are all too common in an industry
whose dominant firms are vertically integrated. The public
landlord may well want to take its share of production in
kind, using its own marketing agency, to avoid being
exploited. The mere threat of such a yardstick would have a
profound effect on wellhead pricing.
CONCLUSION
Is there any chance that Distributive
Socialism will make headway on the OCS, and other Federal
lands? There is always a chance. The lands, after all, are
public, as a matter of history. However conservative the
administration, none would take pride in giving away its
assets. A business oriented administration need not call it
any kind of "Socialism." It prides itself on businesslike
management of public assets. It is our little secret that
businesslike management in this case is the essence of
Distributive Socialism.
What about James Watt? He was the
most unpopular figure in Reagan's Cabinet, just as Douglas
McKay was in Eisenhower's, and Albert Fall was in
Harding's. The public does not find giveaways and
sweetheart deals attractive. On the other hand the public
does not always recognize giveaways when there is some
subtlety involved. The appearance of open bidding, and
substantial bonus payments for leaseholds, may be enough to
appease the public, the moreso when the appearance of true
competition is reinforced by the endorsement of many
respected economists.
What must be inculcated
in everyone's thinking is the essential difference between
competition with front money, and competition where
payments are deferred.
-
- The first is limited
competition, with places reserved for an affluent
few.
-
The second is evenhanded, democratic
competition on a more level playing field, where
preferential access to credit confers no differential
advantage. This is the condition under which
Distributive Socialism can coexist with, and
reinforce, a free market economy. It is achieved on
fee simple lands by subjecting them to heavy land
taxes, whereby newcomers can buy in at low prices in
return for paying more over time. It is achieved on
public lands by writing leases with high lessor
participation over time, and low bonuses required up
front. Read
the entire
article
Jeff Smith: What
the Left Must Do: Share the Surplus
The value of a parcel of land is initially
based on the natural endowments of the location
(“location, location, location”), created not
by an owner but by whatever created all of us. Next,
land value rises with the presence of
society, and grows with the population of society.
It’s highest where society is densest, in the city
centers, typically 2000 times more valuable than sites in the boondocks. Land
values as economic values disappear whenever society
quits respecting one’s claim, as in a war zone;
there, real estate offices nimbly shut down. And while
land titles may be the holy grail of wannabe homeowners,
they’re also the ticket to pocket unearned rent by
absentee landlords, such as Donald Trump.
Making land public does not
guarantee that the public end up with the rent. The
public’s steward, the state, often lets public
resources at “fire-sale” prices, unduly
enriching Chevron, Arco, Kerr-McGee, Weyerhauser,
etc. The state gifts enormously
valuable licenses for TV, radio, and cell phones to GE,
Disney, Time Warner, and Clear Channel. The
metaphor, “field of knowledge”, lets us see
patents and copyrights as flags; by excluding innovative
outsiders, they not only skew techno-progress (thus
addicting civilization to oil) but also enrich those few
who can afford to corral them: GM, DuPont, and Microsoft.
Similarly, a utility franchise lets AT&T pay
investors, and Enron insiders, handsomely.
...
Trillions are enough money that the
present beneficiaries spend fortunes on electing their water boys to Congress and
state legislatures. Why do public
servants agree to let public assets go for
peanuts? Partly out of habit, partly because the
recipients contribute mightily to their political
campaigns, but also.
Read the whole
article
Mason Gaffney: Land as a Distinctive Factor
of Production
Much land remains
untenured
Access to land is open by nature until and unless land is
appropriated, defended, bounded and policed. No one
claims land by right of production; no producer must be
rewarded to evoke and maintain the supply; and
submarginal land is not worth policing, unless to preempt
it for its possible future values, or to preclude
anticipated competition for markets or labor.
Centuries of human customs have developed around
regulating common use of lands with open access.
Tenure control of some land tends to drive the excluded
population to untenured land (the "commons"), creating an
allocational bias unless all land is either tenured or
common. Thomas N. Carver styled this the phenomenon
of "The Congested Frontier", and he might have added
backwoods. Land which is partly common today
includes parks and public beaches, streets and highways,
water surfaces, wild fish and game, and some at least of
the "wide open spaces" in less hospitable regions.
Today there are homeless people for whom life would
literally be impossible without some form of access,
however precarious, to untenured land. Some of it,
ironically, is near the centers of large cities, where
the price of land is highest.
No great damage is done if submarginal land is untenured:
it won't be used anyway. There may be damage,
however, when rentable land is untenured. It
attracts too many entrepreneurs with too much labor and
capital, leading either to the use of private force to
establish tenure - unjust, dangerous, and wasteful
– or overcrowding and waste, called the
"dissipation of rent," when the average cost of the
average firm equals the average product of labor and
capital. Fisheries and open range are classic
cases.
Some land of high value is untenured or underpriced
because consumers resist paying for what they think of as
"free" because it has no cost of production, and which
nature continues to supply even though the price is too
low to ration the land economically. Examples:
- water whose natural source is in southern
California (it is tenured, but underpriced);
- city streets for movement and parking space, even
in New York;
- air and water used for waste disposal in populated
areas;
- housing that is subject to rent controls;
- popular beaches and trails;
- oil and gas subject to field price controls; and so
on.
When land is open to public access, so maybe the
capital used to improve it, e.g. paving of
rights-of-way. Such capital may also suffer the
"tragedy of the commons" of excessive congestion.
This open access to capital is mainly an incident to the
lack of land tenure - a characteristic more of land than
of capital as such. Remember, capital occupies space, but
land is space.
It is also possible to legislate and subsidize open
access to some kinds of labor and capital services, e.g.
public health measures, and education. These differ
from common lands in that they are not open "by nature,"
but by art and public expenditure. ... read the
whole article
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