The Senate's version of President Donald Trump's ambitious bill has been dealt a blow, with a contentious provision by Republican Utah Sen. Mike Lee being dropped from the draft proposal.
The provision, which had been under intense scrutiny, was aimed at making millions of acres of federal lands across 11 states available for sale. However, it was ruled out by an unelected Senate official, Senate Parliamentarian Elizabeth MacDonough, who deemed it in violation of the budget reconciliation process that forms the backbone of the President's comprehensive tax and immigration-focused bill.
According to the Daily Caller, despite this setback, Lee remains undaunted. A spokesperson for the Senate Energy and Natural Resources (ENR) committee revealed that a revised version of Lee's proposal has been submitted to the parliamentarian for review. "Stay tuned," Lee wrote on X Monday evening, hinting at his revamped proposal that would significantly reduce the amount of federal lands up for disposal. "Were just getting started."
Lee had already begun working on modifications to his public lands proposal to gain the support of hunting and conservation groups before the parliamentarian ruled against his initial bill, an ENR committee spokesperson informed the Daily Caller News Foundation.
Elizabeth MacDonough, an appointee of the late former Democratic Senate Majority Leader Harry Reid, previously advised then-Vice President Al Gore on Senate procedure during the counting of electoral ballots certifying his loss in 2000 against George W. Bush. She is expected to play a pivotal role in shaping the Presidents budget bill due to her responsibility to determine which provisions comply with the Senates Byrd rule. This rule stipulates that provisions must directly affect spending, revenue, or the debt limit to pass legislation by a simple majority vote.
Proposals that MacDonough deems in violation of the Byrd rule would be subject to a 60-vote threshold and would need to pass the upper chamber in a separate piece of legislation with some support from Senate Democrats. MacDonough's deliberations form part of an opaque process, often referred to as the "Byrd bath," during which Senate Democrats aim to challenge as many provisions within the upper chambers proposal they oppose. So far, the parliamentarian has ruled out 32 provisions, including Lees public lands sale proposal, from the Senate plan.
Lee's proposal would have allowed for the disposal of a mere fraction of 1% of federal lands owned by the Bureau of Land Management (BLM) and the Forest Service. The provision notably exempted pristine lands, such as national parks and wilderness areas, and would have targeted acres with no existing permits or federal protections for housing and community development.
The Utah Republican's proposed changes include eliminating the sale of any Forest Service land and significantly reducing the amount of BLM land eligible for sale in the bill. He would also limit the disposal of BLM lands to those within five miles of a population center.
Despite opposition from environmental, conservation, and hunting groups, including some on the right, Lee staunchly defended his proposal. He argued that the targeted lands would have little recreation or conservation value and could help address a housing shortage in Western states.
However, the provision's lack of popularity was evident when Senate Democrats celebrated its exclusion from the Senate plan, despite the parliamentarian also eliminating various energy and natural resources-related provisions Monday evening.
"Democrats will not stand idly by while Republicans attempt to circumvent the rules of reconciliation in order to sell off public lands to fund tax breaks for billionaires," Democratic Oregon Sen. Jeff Merkley, the top Democrat on the Senates budget panel, said in a statement. The tax portion of the Senate plan would permanently extend Trumps 2017 tax cuts which lowered federal income taxes for Americans across the board and shields certain Americans from taxation on tipped wages and overtime pay in the short term.
MacDonough also removed provisions from the bill Monday that would expedite the approval of offshore oil and gas projects, eliminate a Biden-era rule reducing fees for solar and wind projects on BLM land, and require the Department of Interior to permit the construction of Alaskas Ambler Road.
These adverse rulings by the parliamentarian pose a significant challenge to Senate Republicans' legislative ambitions within their draft of the Presidents budget bill. Senate Majority Leader John Thune has consistently ruled out overruling the parliamentarian and eliminating the upper chambers legislative filibuster, requiring most pieces of legislation to net 60 votes.
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