General Discussion
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Here are six things to know about the public lands sell-off language included in the Senate bill.
1. Hundreds of millions of acres of public lands are eligible for sale, 2 to 3 million of which must be sold in five years
News coverage has understandably focused on the bills mandate to sell 2 to 3 million acres of national forests and Bureau of Land Management (BLM) lands within five years. Less well understood is the fact that the bill makes more than 250 million acres of public lands eligible for those sales, including via nomination by any interested party.
2. Prime recreation, wildlife, historic, and cultural lands could be sold off
When releasing the bill text, the Senate committee emphasized categories of land the bill exempts from sale, including just for show categories, such as national parks, that are not even managed by the U.S. Forest Service or BLM. But well-loved recreation spots, popular areas for hunting and fishing, prime wildlife habitat, and even sacred or historic sites could be privatized if the bill becomes law. That includes lands currently managed as conservation priorities, such as backcountry conservation areas, areas of critical environmental concern, and roadless areas. Worse yet, the bill wipes out any requirement that the government weigh the potential benefits of a land sale against lost recreation, clean water, wildlife, cultural resources, and other values.
3. Zero public inputand minimal public noticeis required
The bill requires some consultation with local government, governors, and Tribes but no opportunity for public input. Currently, identifying public lands for potential disposal involves a transparent, public process, but those requirements would be erased by the bill. While lands directly identified for sale by land management agencies are supposed to be publicized, nominations by private interests are not covered by that requirement. Agencies are not even required by the bill to disclose when public lands have actually been sold or to whom; instead, the public may only find out when they show up and see no trespassing signs.
4. Major loopholes allow expansive and exclusive development
Nominally aimed at providing land for housing, the bill allows the Trump administration to define what land uses qualify under the bills vague restrictions while failing to provide a clear mechanism for enforcement. Even lands sold for housing would carry no requirements for affordability or density, and there would be no significant guardrails to prevent valued public lands from being sold for trophy homes, pricey vacation spots, exclusive golf communities, or other developments.
5. Massive public lands sell-off is no solution to housing affordability
While targeted transfers or sales of some federal lands can make sense with appropriate safeguards, the vast majority of public lands are nowhere near the existing infrastructure needed to build housing affordably and avoid clear resource conflicts. Rather than targeting the root causes of Americas housing affordability crisis, the Senate is advancing a reckless anti-public lands proposal masquerading as a housing solution.
6. An unabashed advocate for selling off U.S. public lands wrote the bill text
The chairman of the Senate Committee on Energy and Natural Resources, Sen. Mike Lee (R-UT), is a longtime advocate for selling off or transferring national public lands. Lee has questioned the constitutional basis for national public lands and boasted of fighting to make the federal government fulfill its promise of selling off federal lands throughout the West. In addition, he vocally supported Utahs 2024 lawsuitbrought directly to the U.S. Supreme Courtthat would have forced the federal government to dispose of vast amounts of public lands, including 18 million acres in Utah, with implications for hundreds of millions of acres nationwide. Sen. Lee has even suggested that federal land ownership in Utah could justify war.
Conclusion
To be clear, this bill is coming to the Senate floor soon, but it has not passed yet. Clear opposition from House members resulted in the removal of a less extensive, but still damaging, sell-off proposal in the House version of the One Beautiful Bill Act. While it should be no surprise that Sen. Lee would try to include extreme land sell-off in this bill given his track record, it is more surprising that Senate Republican leadership and Lees colleagues are, so far, going along with it.
https://www.americanprogress.org/article/what-to-know-about-the-senates-public-lands-sell-off/
https://5calls.org/issue/public-land-sales-budget-reconcilliation/
