Utah Sen. Mike Lee鈥檚 proposed plan to force the sale of millions of acres of federally owned land across 11 Western states has hit a roadblock.
The proposal was one of numerous elements in the 鈥淥ne Big Beautiful Bill鈥� that the Senate鈥檚 parliamentarian identified as unacceptable inclusions in the budget reconciliation process.
Lee, in response, stated that he intended to modify the proposal鈥檚 language, and added, 鈥淲e鈥檙e just getting started.鈥�
Among the planned changes, he said U.S. Forest Service lands would not be sold.
That revision offers a reprieve for Flagstaff and Coconino County, where popular recreation areas could have been eligible for sale under the original proposal, yet other areas still might see the sale, privatization and development of federal lands if the revised bill passes.
Arizona Sen. Mark Kelly, who opposed Lee鈥檚 original plan, wrote (formerly Twitter) that the parliamentarian鈥檚 ruling was a 鈥渂ig win for Arizona and the West.鈥�
鈥淚鈥檝e fought this from the start, because public lands belong to all Americans, not billionaires and corporate developers,鈥� Kelly wrote. 鈥淲e must protect them for future generations.鈥�
The Flagstaff City Council unanimously approved sending a letter opposing the sale proposal to Arizona's congressional delegation at its meeting on Tuesday, June 24. Sarah Langley, public affairs director with the city, informed the council of the parliamentarian's ruling, but added, 鈥淲e thought it would still be good to have this letter on hand and send it to our representatives so they know where the city stands.鈥�
And Councilman Austin Aslan added, "I鈥檓 so glad this came forward in front of Council. ... I think this [proposal] is an existential threat to Flagstaff鈥檚 character, and aesthetic, and zeitgeist.鈥�
He thanked members of the public for their input on the issue and聽鈥渇or holding our feet to the fire.鈥澛�
Similarly, the Coconino County Board of Supervisors unanimously during its meeting on Tuesday, June 24 while acknowledging the revisions referenced by Lee. Board Vice Chair and District 2 Supervisor Jeronimo Vasquez noted how crucial public lands are to the county's economy, while District 5 Supervisor Lena Fowler added that the county needs to be included in these discussions given their importance.
鈥淭here is a lack of transparency and a lack of local control," Fowler said. "We don鈥檛 have input into what is being proposed. It is just arbitrarily proposed, and we don鈥檛 even know where the lands are being proposed. I think if they are going to do that, they really need to work with us.鈥�
Budget reconciliation bills are subject to a lower-vote threshold than other legislation and are thus a popular target for senators wishing to tack on potentially unpopular measures. The , originally introduced in 1985 and named for former West Virginia Sen. Robert C. Byrd, is intended to prevent this practice. It requires every part of a reconciliation to be directly related to spending or revenue and prohibits 鈥渆xtraneous鈥� inclusions.
The Byrd Rule includes some guidelines for determining what does and does not count as 鈥渆xtraneous,鈥� but there is still room for interpretation. That鈥檚 where the Senate parliamentarian, which evaluates legislation for its compliance with the chamber鈥檚 rules, gets involved.
Current parliamentarian Elizabeth MacDonough, appointed to the position in 2012, told legislators this past weekend that of Republicans鈥� proposed reconciliation bill ran afoul of the Byrd Rule.
, Lee reiterated his original justification for the proposal, claiming that the sale of federal land would help to create affordable housing (a claim that Coconino County Supervisor Patrice Horstman challenged in a recent op-ed for the Arizona Daily Sun). He said he would modify the proposal to exclude all Forest Service land and offer for sale only Bureau of Land Management parcels within 5 miles of 鈥減opulation centers.鈥�
He also stated that the new proposal would require the creation of 鈥淔REEDOM ZONES鈥� -- a term he did not define and which has no formal definition, but which he said would 鈥渆nsure these lands benefit AMERICAN FAMILIES.鈥�
The term might be equivalent to the concept of 鈥渇reedom cities鈥� being to legislators with the backing of tech-industry billionaires like Peter Thiel. A to create 鈥渇reedom cities鈥� says such developments would be located on federal lands but exempt from virtually all federal regulations, 鈥渋ncluding but not limited to鈥� the National Environmental Protection Act, the Endangered Species Act, the Fair Labor Standards Act and the Occupational Safety and Health Act.
According to that draft, the 鈥渇reedom cities鈥� would also not be governed by state law, and their residents would not be allowed to vote in state or county elections.
While the supporters of 鈥渇reedom cities鈥� claim they would foster innovation and entrepreneurship, the areas would become 鈥渄ystopian deregulated company towns鈥� and 鈥渃orporate fiefdoms.鈥�
Prior to the 2024 election, Donald Trump for the idea of 鈥渇reedom cities.鈥�
It is not yet clear if Lee鈥檚 modified public land sales proposal will actually attempt to bring such developments to fruition, if that attempt would pass muster with the Senate parliamentarian, or if Lee meant something entirely different when he said 鈥淔REEDOM ZONES.鈥�
Regardless, Lee made clear that he was not giving up on his goal of selling at least some federal land to the highest bidder.
鈥淵es, the Byrd Rule limits what can go in the reconciliation bill,鈥� Lee wrote on X, 鈥渂ut I鈥檓 doing everything I can to support President Trump and move this forward.鈥�
Conservation groups cheered the parliamentarian鈥檚 ruling, and panned Lee鈥檚 suggested modifications.
鈥漇en. Lee backtracking here shows his true intentions,鈥� Laiken Jordahl of the Center for Biological Diversity said in an email. 鈥淗is legislation was always about destroying public lands anywhere and everywhere, privatizing cherished recreation destinations and locking away these beautiful places for the ultra-rich. No one should believe his lies now, and any backroom deals to rewrite his legislation will still be a disaster for public lands.鈥�
鈥淪en. Lee doesn't care about America鈥檚 real housing crisis, his legislation will still do nothing to solve it, and his bill will still be an unprecedented giveaway of public lands to special interests that is overwhelmingly unpopular with the American people,鈥� Jordahl added.