Changes to Controversial Bill Mandating Sale of Public Lands

Senator Mike Lee’s bill regarding public lands is facing a procedural hurdle in the Senate. This bill aimed to mandate the sale of approximately 3.3 million acres of land managed by the Bureau of Land Management and National Forest Service in Western states. Senator Lee has long advocated for increased local control over public lands and reducing federal land ownership.

A Setback in the Senate

Senator Lee’s proposed legislation has encountered a setback with the Senate parliamentarian, who has advised that the bill cannot be advanced using the expedited budget reconciliation process. Reconciliation is a procedural tool that allows certain budget-related bills to bypass the Senate’s 60-vote filibuster threshold, requiring only a simple majority (51 votes) for passage.

The parliamentarian’s ruling indicates that the land sale provisions within the bill do not directly impact federal spending or revenue in a way that qualifies them for reconciliation. This ruling means that, for the bill to proceed, it would likely need to garner the support of at least 60 senators to overcome a potential filibuster, a considerably higher hurdle than the simple majority reconciliation provides.

Senator Mike Lee (R-Utah) consistently advocates for reducing federal land ownership and increasing state or local control over public lands. He is up for re-election in 2028. Photo

The Future of the Amended Bill

Prior to this ruling, Senator Lee had indicated he would modify his proposal. These anticipated changes included removing the sale of any US Forest Service land and restricting the amount of BLM land eligible for sale to parcels within “5 miles of population centers.” His proposed revisions also aimed to establish “freedom zones” designed to benefit American families, though specific clarifications on what these zones entail were not publicly explained. 

According to a spokesperson for Senator Lee, the senator remains committed to advancing this revised proposal. His team is currently working to get the amended language approved by the Senate parliamentarian, seeking to pass the bill with a simple majority.

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