A Literal 11th-Hour Budget Amendment Would Privatize a Huge Chunk of Public Land

Late last week, the House Committee on Natural Resources released the draft text of its portion of the Republicans’ budget package. While the bill included mandates to open oil and gas leasing in Alaska’s Arctic National Wildlife Refuge, increase logging by 25% over 2024’s harvest, and allow for mining activities upstream of Minnesota’s popular Boundary Waters recreation area, there was also a conspicuous absence in its 96 pages: an explicit plan to sell off public lands.

To many of the environmental groups that have been sounding the alarm about Republicans’ ambitions to privatize federal lands — which make up about 47% of the American West — the particular exclusion seemed almost too good to be true. And as it turned out in the bill’s markup on Tuesday, it was. In a late-night amendment, Republican Representatives Mark Amodei of Nevada and Celeste Maloy of Utah introduced a provision to sell off thousands of acres in their states.

The maneuver, which came at nearly midnight, left many Democrats and environmental groups deeply frustrated by the lack of transparency. “The rushed and last-minute nature of this amendment introduction means little to no information is available,” the Southern Utah Wilderness Alliance said in a statement Wednesday.

While early reports had suggested the proposed sell-off would consist of around 11,000 acres of land in total between the two states, that number was arrived at in part due to the delayed release of maps, as well as an apparent malfunction with Amodei’s mic as he was discussing the parcels in Nevada, a communications adviser working with public land groups to analyze the amendment told me Thursday. It now looks as if the amendment offers up approximately 11,500 acres of land in Utah alone, based on acreage numbers included in the text.

Nevada’s parcels don’t include firm numbers, and public land groups are basing their estimates on eyeballing the maps prepared at the request of Amodei, as well as “other bits of information.” Democratic Senator Catherine Cortez Masto has estimated, for example, that the amendment proposes selling up to 200,000 acres of public land in Nevada’s Clark County, though some groups believe the acreage in the state could be much higher — totaling 500,000 acres across Utah and Nevada, or potentially even more.

House lawmakers appeared still to be at odds during a Wednesday morning press conference to announce the creation of a Bipartisan Public Lands Caucus. Rather than putting on the united front suggested by the working group’s name, former Secretary of the Interior and Montana Republican Ryan Zinke argued seemingly in defense of the amendment, saying, “A lot of communities are drying up because they’re looking to public land next door and they can’t use it.” Michigan Democrat Debbie Dingell then took the mic to say, “I would urge all of us that the hearings — it’s not done in the dead of night, and that we have good, bipartisan discussions with everybody impacted at the table.” (Zinke later said that he told Republican leadership “I strongly don’t believe [land sales] should be in the reconciliation bill,” and that the amendment represents his red line: “It’s a no now. It will be a no later. It will be a no forever.”)

Despite the cloak-and-dagger way Republicans introduced the amendment, there are several clues as to what exactly Amodei and Maloy are up to. Republican Senator Mike Lee of Utah has aggressively pushed for the sell-off of public lands, including introducing the Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act, which would “make small tracts of [Bureau of Land Management] land available to communities to address housing shortages or affordability.” Critics of the bill have called it the “McMansion Subsidy Act” and have argued — as the Center for Western Priorities’ Kate Groetzinger, does — that it would “do little to address housing issues in major metros like Salt Lake City and the fact that the current housing shortage is due largely to a lack of home construction, not land.” The Center for Western Priorities also contends that it “contains very few restrictions on what can be built on federal public lands that are sold off under the program.” Notably, Lee and Maloy have worked closely together in the past on transferring federal land in Utah to private ownership.

The land singled out in the Tuesday amendment includes BLM and Forest Service parcels in six counties in Utah and Nevada that “had already been identified for disposal by the counties,” Outdoor Life notes. While some land would be sold with “the express purpose of alleviating housing affordability,” the publication notes that “other parcels, including those in southern Utah, don’t have a designated purpose.”

One communications director at a regional environmental group pointed out to me that the amendment proposes no parcels on the Wasatch Front in and around Salt Lake City, where around 82% of the state’s population lives and where such a high-density housing case could be made. Instead, many of the parcels are located a four- to five-hour drive away in the more remote Washington County. Conspicuously, a number of the parcels abut roads, potentially teeing up highway expansions. One parcel is even adjacent to Zion National Park — a prime location for an expensive development or resort. As Michael Carroll, the BLM campaign director for the Wilderness Society, warned E&E News, it’s in this way that the bill appears to set “dangerous precedent that is intended to pave the way for a much larger scale transfer of public lands.”

While many Republicans contend that states can better manage public lands in the West than the federal government can (in addition, of course, to helping raise the $15 billion of the desired $2 trillion in deficit reductions across the government to offset Trump’s tax cuts), such a move could also have significant consequences for the environment. Turning over public lands to states — or to private owners — could also ease the way for expansive oil and gas development, especially in Utah, where there are ambitions to quadruple exports of fossil fuels from the state’s northeastern corner.

Reducing BLM land could also limit opportunities for solar, wind, and geothermal development; in Utah, the agency has identified some 5 million acres of public land, in addition to 11.8 million acres in Nevada, for solar development. While there are admittedly questions about how much renewable permitting will make it through the Trump BLM, it’s also true that solar development wouldn’t necessarily be the preference of private landowners if the land were transferred.

Tuesday’s markup ultimately saw the introduction of more than 120 amendments, including a Democratic provision that would have prohibited revenue from this bill from being used to sell off public lands, but was easily struck down by Republicans. In the end, Amodei and Maloy’s amendment was the only one the committee adopted. Shortly afterward, the lawmakers voted 26-17 to advance the legislation.

Editor’s note: This story has been updated to reflect new estimates of the amount of land to be sold off.