Scaled-back version could still face same roadblocks
A high-profile public lands sale proposal from Utah Sen. Mike Lee to require the federal government to sell millions of acres of public land was largely struck down this week by the Senate’s parliamentarian, who ruled that most of the plan violates Senate rules.
Lee had attempted to attach the land sale mandate to a large Republican budget bill. But overnight Monday, Senate Parliamentarian Elizabeth MacDonough ruled that the proposal doesn’t meet the strict requirements for what’s allowed in a budget reconciliation bill—a special fast-track process that lets some legislation pass with just 51 votes instead of the usual 60.
What is the Byrd Rule?
The sticking point is the Byrd Rule, a rule that bars non-budget items from being included in reconciliation bills. Named after Sen. Robert Byrd, the rule is meant to keep unrelated policy changes—like public land management—from sneaking into budget legislation.
Even though Lee’s plan might technically raise some revenue through land sales, the parliamentarian found that the policy change was the main purpose, not the budget impact. That’s a red flag under the Byrd Rule.
Lee says he’ll revise proposal
In response, Lee announced that he’ll remove all Forest Service land from the plan and instead focus only on Bureau of Land Management parcels within five miles of cities and towns. He says the change is meant to focus on housing needs and make the plan more palatable—and legally viable.
But even the revised version could hit the same roadblock. Selling off land near towns still doesn’t create a direct or guaranteed budget impact, and the Senate rules don’t allow backdoor policy making, even if it’s framed as a housing solution.
“The nationwide backlash sparked by Senator Mike Lee’s proposal to sell off millions of acres of public land shows just how universally unpopular his idea is,” Southern Utah Wilderness Association Executive Director Scott Braden said in a statement released on Tuesday. “While we’re glad to see the sell-off plan removed from the Budget Bill, we know Lee’s underlying goal remains the same: to sell off America’s public lands using any excuse or legislative opportunity he can find.”
What’s next?
Lee has said he plans to resubmit the narrower version of the plan for review. But unless the parliamentarian finds a clearer budget connection, the proposal is likely to be rejected again.
Even if a revised proposal were to pass muster under the Byrd Rule, it would likely face strong bipartisan opposition.
Public land sales are a deeply unpopular concept across the political spectrum, with polling data consistently showing widespread opposition to the idea.
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