Senator Mike Lee’s controversial proposal to sell off public land was ruled out by Senate parliamentarian Elizabeth MacDonough on Tuesday evening, invoking the Byrd Rule. Lee intends to revise the plan to make it less broad.

The Byrd Rule, named after the late Senator Robert Byrd, prohibits “extraneous” provisions to reconciliation bills. Lee’s proposal was deemed as such, meaning if it remains on the Republicans’ “Big, Beautiful Bill”, it must receive 60 affirmative votes in the Senate. Given the Senate is currently split 53–47 in the GOP’s favor, they would need the unlikely event of seven Democrats to support it.

Lee’s plan has garnered criticism from both sides of the aisle. While he stressed his proposal is to build housing, the extent of the lands that would be eligible for sale and uncertainty of what would happen under private control sparked concerns about the impact on recreational activities such as hiking and off-roading.

The Wilderness Society published a map of which lands would fall under the scope, which has been used as a key reference by opponents of the plan. Conversely, the BlueRibbon Coalition noted the language of Lee’s bill mentions areas like parks and those with valid existing rights would not be affected. Still, BRC did acknowledge the “risk to recreation access is high with this proposal” and has communicated its members’ concerns to Lee’s office.

While Lee intends to get the proposal onto the bill, he is open to reducing the scope. The Utah Senator posted the following on Twitter:

Thanks to YOU—the AMERICAN PEOPLE—here’s what I plan to do:

1. REMOVE ALL Forest Service land. We are NOT selling off our forests.
2. SIGNIFICANTLY REDUCE the amount of BLM land in the bill. Only land WITHIN 5 MILES of population centers is eligible.
3. Establish FREEDOM ZONES to ensure these lands benefit AMERICAN FAMILIES.
4. PROTECT our farmers, ranchers, and recreational users. They come first.

Yes, the Byrd Rule limits what can go in the reconciliation bill, but I’m doing everything I can to support President Trump and move this forward.

Tracy Stone-Manning, president of The Wilderness Society, described the Parliamentarian’s decision as “a victory for the American public, who were loud and clear: public lands belong in public hands, for current and future generations alike. We trust the next politician who wants to sell off public lands will remember that people of all stripes will stand against that idea. Our public lands are not for sale.”

Featured image credit: C-SPAN