Since the voters clearly prefer tax cuts to funding a government space settlement - regardless of whether NASA builds or buys the hardware - space development will have to be financed by selling something to private customers.
For now, Earth is the only place where there are customers.
The key problem is getting someone to undertake the first huge step - large scale for-profit venture capital investment in the development of safe, affordable, reliable transport between the Earth and Moon sufficient for a privately funded Lunar settlement.
To get someone to invest tens of billions of dollars in such a risky venture, we have to find something they could sell to people on Earth for a really impressive profit - and it must be something that can start bringing in revenue as soon as possible after a settlement is established.
Of course, once there is an economy on the Moon, many other profitable activities will become possible, but they are too far into the future to justify serious investment in developing Lunar transport and a settlement now.
You can only sell Lunar water to people already on the Moon, or at least, already out in space. (Bringing a tanker ship full of Lunar water back to Earth would definitely not be a money maker.)
Even minerals and energy become seriously profitable only when there are already established Lunar customers to sell them to. As it stands now, it would cost far too much to get even platinum back to Earth to justify for-profit investment today.
Philanthropists are funding efforts to develop sub-orbital tourism - which costs a fraction of the cost of developing safe, reliable affordable Earth-Lunar transport - but even sub-orbital tourism isn't attracting much for-profit investment.
So there is certainly nothing currently available to attract venture capital investment in Lunar transport. And, as far as we know, there is none going on now.
We need something new, that doesn't rely on taxpayer funding, to get for-profit space development started.
Land Claims Recognition is the only such possibility that has been offered.
Only land deeds have zero transport costs and can be sold to people on Earth, for a big profit, just as soon as a permanent Lunar settlement has been established. IF land claims recognition legislation has passed.
Note: The first 25 FAQs below are reprinted from the Space Settlement Initiative website.
What is the real purpose of enacting a Lunar land claims recognition law?
What does international law say about private property ownership in space?
Can there be property ownership without national sovereignty?
What if other nations refuse to recognize land claims in space?
Why not allow smaller, limited land claims for easier steps than settlement?
Could lunar land really be worth enough money to make a difference?
What conditions should the US set for recognition of a claim?
How much land should a settlement be able to claim... and why?
Are the weaknesses and compromises in this plan likely to be permanent?
Could other sources of revenue be enough without land claims recognition?
What effect would this have on NASA and the aerospace companies?
The FAQs above cover basic questions about Lunar Land Claims Recognition. The following questions address more advanced issues.
If we really went to the Moon in 1969, why aren't we there now?
What were the assumptions before the Outer Space Treaty, (e.g. Robert Heinlein)?
Will changing how NASA works bring the taxpayers back on board?
Could this law force the US to recognize a foreign government's Lunar land claim?
Would Article VI of the Outer Space Treaty prohibit Lunar land claims recognition?
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