Photo by Meg Frederick

Update: A provision in the budget reconciliation bill that would have forced government agencies to sell off up to 3.3 million acres of public land failed to clear a key legislative hurdle.

The provision, which we strongly opposed, received massive bipartisan blowback.

It would have put upwards of 250 million acres of public land in 11 Western states on the chopping block. That included almost all land managed for multiple uses — including land set aside for wild horses and burros.

The U.S. Senate parliamentarian ruled on Monday that seven provisions did not meet the Senate’s Byrd Rule, which limits the scope of budget reconciliation bills to fiscal issues.

That would have forced the reconciliation bill (the “One Big Beautiful Bill”) to meet a 60-vote threshold to pass instead of a simple majority.

The sales provision was touted as a way to increase affordable housing but lacked necessary safeguards to limit it to that use and, crucially, would have rapidly sold lands without hearings, public comment or debate.

It should be noted that government agencies do have ways to identify and use lands for housing if it serves public needs.

The threat of a land sell-off provision remains, however.

Utah Sen. Mike Lee responded to the nonpartisan parliamentarian’s ruling by saying that he would revise the language to “significantly reduce” the amount of land in the bill, limiting it to five miles from (undefined) population centers.

Lee added that he would seek to establish “freedom zones” to benefit American families, without explanation, and that he would “protect our farmers, ranchers, and recreational users. They come first.”

Lee should abandon his repeated efforts to “dispose” of public lands in a way that fails to give their owners — the American people — any say in the matter.

We urge Republicans and Democrats alike to hear the message sent by voters: Americans love our irreplaceable public lands. They are not for sale.