Plan to sell millions of acres of public land axed from budget bill

Senate Parliamentarian Elizabeth MacDonough on Monday ruled that a proposal to make federal land across 11 states eligible for sale as part of the Senate’s version of the One Big Beautiful Bill Act violated the budget reconciliation process. The parliamentarian is an unelected official who advises lawmakers on Senate rules, precedents, and procedures. MacDonough, who has held the position since 2012, said the plan and several other provisions submitted by the Energy and Natural Resources Committee could not bypass the Senate filibuster. If the provisions remain in the Republican budget bill, they must be subject to a 60-vote threshold for passage, McDonough ruled.

How did the proposal’s author respond? Sen. Mike Lee, R-Utah, said in a social media post Monday that he would revise the plan to exclude from sale all land owned by the U.S. Forest Service. His original proposal would have seen up to 3.3 million acres of public land owned by the forest service and the Bureau of Land Management made available to housing developers over the next five years. The total accounted for less than 1% of all federal land. In his post, Lee promised not to sell forests and said that only land within 5 miles of a population center would be eligible for sale. He also promised to protect land used by farmers, ranchers, and for recreational purposes. National parks, monuments, and wilderness areas were already excluded from the proposal. Lee said the goal of the plan is to expand access to housing across the region.

What have opponents said about the plan? Politicians and public figures on both sides of the political aisle have criticized the sale of public land. Benji Backer, founder of the nonprofit organization Nature is Nonpartisan, has spoken out against the plan and said it should be a standalone bill. Meanwhile, Colorado Gov. Jared Polis on Monday spoke ahead of the Western Governors’ Association annual meeting and said land sales could threaten his state’s economy. Wyoming Gov. Mark Gordon said sales should be decided by local municipalities, not at the state level. During the meeting, association chairwoman New Mexico Gov. Michelle Lujan Grisham said she planned to introduce a new initiative aimed at expanding access to housing in the West. While Lee’s proposal is intended to free up land for new housing, public lands legal expert at the University of Utah Bob Keiter said it wasn’t clear if the plan would address affordable housing needs. About 2,000 people protested the sale of public land outside the association meeting in Santa Fe.

Dig deeper: Read Christina Grube's report about the federal government paying millions over the Dakota Pipeline protests.