Guest editorial: Kudos to Idaho senators on public lands

Of the many dubious, overboard provisions Republican lawmakers have tried cramming into a federal omnibus spending bill, the most awful for Teton County was a stipulation for selling off millions of acres of public land.

Put forth by U.S. Sen. Mike Lee of Utah, the measure would have required the federal government to sell Bureau of Land Management and U.S. Forest Service parcels near developed areas in 11 Western states, including Wyoming. The tracts would be nominated by “interested parties” and be approved by the states in question. The provision stipulated that each federal agency would have to sell between 0.50% and 0.75% of the public lands they manage — up to 3.2 million acres. Tracts would have to be listed within 60 days of the bill’s passage and every 60 days thereafter.

Mercifully, the Senate parliamentarian ruled late Monday that Lee’s proposed amendment — which had not been vetted or voted on by his Energy and Natural Resources Committee — violated the Byrd rule against attaching provisions unrelated to federal spending. The rule applied because Republicans are using a maneuver known as budget reconciliation to pass the behemoth omnibus bill, which requires only a simple majority vote. Otherwise, 60 votes would be needed to cut off debate and allow the bill to advance.

The ruling from the parliamentarian, who also thankfully struck down another provision that could have stripped federal judges of the power to enforce rulings, prompted Lee to announce that he was overhauling his proposal and would remove Forest Service-managed lands from consideration and reduce the amount of BLM land to be sold. Lee’s hand also was forced by statements from Idaho’s two senators, Mike Crapo and Jim Risch, who said they opposed the proposed sales.

Bewilderingly, Wyoming’s congressional delegation not only did not object to Lee’s provision but actively supported it. U.S. Sen. John Barrasso sits on the Natural Resources Committee chaired by Lee, and his staffer spoke in broad terms about his support for federal land sales. U.S. Sen. Cynthia Lummis wrote in a form letter to concerned constituents, “I believe the people of Wyoming are the best stewards of the land, not unelected bureaucrats in Washington, D.C.” U.S. Rep. Harriet Hageman staunchly defended the proposed sales.

Support for public lands is one issue that unites Wyoming residents of all stripes. For Wyoming’s representatives to work against the interests of their constituents is embarrassing and inexcusable. Even if there were benefits to some communities for selling off marginal public lands for housing, mining or other development — and it’s not clear that there are — the lack of due process for considering such a policy is deeply troubling.

Democracy moves slowly sometimes for good reason. The legislative process is meant to be deliberative, with committee hearings to examine the merits of a bill and ample opportunity for testimony and public input. It’s conceivable that disposing of some federally managed public land could have public benefits, but if that’s the case, put the proposal in a standalone or related bill and run it through the public process. Don’t use a backdoor maneuver that eliminates public scrutiny and involvement.

The saga is not over, as Lee is preparing to bring back revised language and try again. The process is so convoluted that no one knows whether there will be a committee hearing; Barrasso’s staff said Tuesday it’s unclear whether the new language will be included in the final bill.

Representatives from Idaho and Montana showed leadership in standing up to these shenanigans at a time when the fever is burning red hot for repealing and removing any sort of environmental protections. It’s time for Wyoming’s delegation to grow a backbone and show similar leadership.

Jackson Hole News & Guide, June 25