Provision for mandatory public land sales in Republicans’ big budget bill hits a roadblock after Senate parliamentarian’s ruling

Changes are coming to Senate Republicans’ proposal to sell off millions of acres of federal public land in the West after the Senate parliamentarian ruled that the provision violated a legislative rule. 

The provision was one of several from the Energy and Natural Resources Committee ruled out by Elizabeth MacDonough, who has served as the parliamentarian since 2012, according to a press release from Democrats in the Senate Budget Committee. The parliamentarian — often described as a referee — is a nonpartisan, appointed advisor who offers guidance on Senate rules and procedures.  

In this case, MacDonough found that the committee’s mandatory sale of U.S. Forest Service and Bureau of Land Management land in 11 states violated the Bryd Rule, which requires all items in a reconciliation package to have a direct and substantive impact on federal spending or revenues. 

In addition to the land sales, the Senate committee’s provisions regarding construction of a mining road in Alaska, National Environmental Policy Act compliance for offshore oil and gas projects, geothermal leasing requirements and more were found improper under the rule.    

The ruling means Senate Republicans must either strip the provisions or secure a 60-vote supermajority — with Republicans holding 53 seats in the Senate — if the provisions stay in. Committee Chair Mike Lee, a Utah Republican who introduced the land sales in the budget, reportedly has offered an updated version of the bill to the parliamentarian. 

On Monday night, Lee posted on X that “the Bryd Rule limits what can go into the reconciliation bill, but I’m doing everything I can to support President Trump and move this forward.” 

“We’re just getting started,” he wrote. 

In the post, Lee wrote that he would exclude Forest Service land from the sales and “significantly reduce” the amount of Bureau of Land Management land in the bill by making only land within 5 miles of population centers eligible for sale. 

In the initial proposal, the bill would have required the sale of between 0.5% and 0.75% of the Forest Service and Bureau of Land Management lands over the next five years for housing. These percentages equated to between  1.2 million and 1.8 million acres of Bureau land and between 811,000 and 1.2 million acres of Forest Service land. The provision exempted parcels with certain protective designations, such as national monuments, national parks, and land with “valid existing rights” such as mining claims and oil and gas leases.” 

Democrats, outdoor recreation, wildlife and environmental groups balked at this initial proposal, which could have seen over 14 million acres of Colorado public land eligible for land sales, criticizing the significant impact it would have on Western communities. 

Lee wrote in his post that his new plan will “protect our farmers, ranchers and recreational users.”

“They come first,” he added.

Colorado Reps. Joe Neguse, a Democrat representing District 2, and Jeff Hurd, a Republican representing District 3, issued a joint statement to the press on Tuesday, saying they will continue to fight for public land sales to stay out of the reconciliation bill. 

“As consideration of the budget reconciliation bill continues, we must remain united in ensuring that its text excludes provisions that would permit the widespread sale or transfer of these treasured places,” the statement read.  “Neither of our districts asked for this land sale, and any efforts to sell off these shared spaces are deeply unpopular with the hunters, ranchers, fishermen, recreationists, conservationists, and outdoor enthusiasts we are proud to represent in Congress.”

The Western Slope lawmakers’ statement added that “public lands are not for sale” and decisions about public lands should be made by local communities. 

The Representatives both voted and rallied against land sales included in the House portion of the bill — Hurd being the only Republican in the House Natural Resources committee to do so. Ultimately, the House proposal — which would have mandated the sale of around half a million acres in Utah and Nevada — was stripped from the reconciliation bill’s final version.