The map of public lands eligible to be sold under the Senate budget bill is truly horrifying. Almost 15 million acres in Wyoming are on the table.”

Wyoming Outdoor Council

After spending thousands of hours building and maintaining trails and seeking permission to build the Outlaw Trails near Cody, John Gallagher and volunteers from the loosely organized Park County Pedalers are worried they could have seen all their work disappear in the flash of public land auctions.

Sitting roughly 4 miles outside of Cody city limits are the new Outlaw Trails. The trail network includes about 17 miles of singletrack trails that wind through sandstone formations, junipers and hidden valleys. The climb up is rocky, but after the turnaround, the trail swoops downhill through grasses, sage, and wildflowers to a shady creek bed.

In the shadows of Pat O'Hara Mountain, the nearly finished multi-use project is just the sort of outdoor recreation the residents of northwest Wyoming live for. These trails are shared by runners, hikers, bikers and equestrians, yet still offer the solace of the foothills to the Rocky Mountain Absaroka range.

With the "Big, Beautiful Bill" debate raging, the Senate parliamentarian ruled Tuesday a controversial provision to offer public land up to the highest bidder could not stand through the bill's reconciliation process, forcing the provision to be stripped out — to the joy of outdoor recreation enthusiasts and conservation activists.

It's just one of the many political wranglings happening in the morass of the nation's capitol as Republican lawmakers attempt to pay for their spending bill. The chamber's budget reconciliation process allows passage of some limited provisions with a simple majority, avoiding the need to secure minority votes.

This typically occurs during the process of reviewing a bill, especially in the context of budget reconciliation, where the parliamentarian assesses whether a provision adheres to the Byrd Rule. The rule restricts what can be included in reconciliation bills, specifically targeting provisions that are deemed to have only incidental effects on the budget. 

Sen. Mike Lee, R-Utah, who sponsored the land sale provision, is pledging to revise his proposal for public land auctions before the budget process is complete. His new provision reportedly will still sell off land owned by the Bureau of Land Management — but not Forest Service land. He also said he would “significantly decrease” the amount of land in the bill, limiting it only to lands within 5 miles of a population center, which includes the Outlaw Trails, located on a stretch of BLM land.

It took years to bring all sides together to get authorization to build the multi-use trail. It took persistence and patience. Yet, Gallagher was up for the task. The Information Technology Department Manager at the Buffalo Bill Center of the West and his core of volunteers succeeded in the monumental multi-year efforts to seek authorization and funding for the Beck Lake Bike Park.

Now, as $400,000 worth of subcontracted trail work is about to start on the trail system, Gallagher is gearing up to defend the popular Park County destination.

Fresh off of spending 13 hours lugging around trail maintenance tools at the site this past weekend, Gallagher sat down at his computer and wrote a letter to his state and national political leaders.

"As a volunteer, I have spent a decade pursuing a Special Recreation Management Area designation. It is an area of outstanding beauty and incredible trails. Those trails are my legacy to the public," Gallagher wrote. "I have spent the last few years ushering the NEPA process along and I have raised $400,000 to repair and enhance the trail network. This area sees thousands of visitors a year and is another reason people visit Cody. These trails are an economic stimulant. But, that is not why I have spent thousands of unpaid hours working out there. Outdoor recreation is a fundamental reason I choose to live in Cody specifically and Wyoming in general. Many towns in Wyoming have similar unprotected places."

Gallagher points out there are no protections in place for the Outlaw Trails or the many other recreation sites "near and dear" to Wyomingites. "The language is too vague and open-ended and thus the rampant opposition to the bill."

He also found several problems with the provision that was making its way through the Senate. The required consultations listed did not say that any of those consulted about cherished land will have any actual influence on the decision.

He also found a section addressing local housing needs (including housing supply and affordability) or any associated infrastructure to support local housing needs wasn't mandated in the provision.

"If this bill is to address affordable housing, why is it not mandated? I see more trophy homes coming out of this than affordable housing."

He also found issues in the section on “priority considerations.”

"It only makes these items a priority and not mandatory, in other words it can and will be ignored. If land is to be sold at “not less than fair market value,” then how will this address affordability? This disposed land becomes as expensive as the adjoining private lands."

Current Federal Land Policy and Management Act rules allow for the disposal of lands at discretionary values realizing that local municipalities cannot afford to pay market value. Lands with “valid existing rights” are exempt from disposal. However, Gallagher thinks the term “valid existing rights” is vague and invites costly legal battles.

He is also disappointed there are no government published maps of lands eligible for disposal, making it difficult to accurately comment. The mapping that is available showing public lands possibly on the sale list in the intiial bill was issued by a national conservation agency.

Varied opposition

It's not everyday that Gallagher and his biking fanatics find themselves in total agreement with hardcore hunters and shooting enthusiasts, but the depth of opposition against the sale of public lands is profound.

"All that we've done over the last 10 years for the Wyoming range, Wyoming wildlife migration corridors gone, worthless. Billions of dollars gone just because they sold the chunk," said Ike Eastman of Eastman's Hunting Journals in Powell.

Eastman has spent his life hunting, building a media company, advocating for dedicated conservation work and has helped build one of the strongest brands in the industry. He admired that Montana was able to be excluded from public land sales due to a deal between the amendment's advocates and the Gem State's U.S. representatives to exclude the state or lose the vote of the three Republicans for the Trump administration's "Big Beautiful Bill." With the margins in the Senate and House razor thin, every vote is needed to pass the legislation. The sale of public land seems to have ignited public land advocates in opposition to the bill after they pulled the language out in the House, sent it to the Senate and they put it back in, minus Montana.

In a recent video titled "Congress wants to sell our public lands — we're not letting them," Eastman made a pointed threat to politicians ignoring their constituents.

"What happened in Wyoming with Liz Cheney? She didn't listen to her constituents. I still see bumper stickers on vehicles that say "Whiz on Liz." Yeah, guess what guys, she's gone. If you don't listen to your constituents, you're gonna get voted out."

Cody angler and conservation advocate Tim Wade said Wyoming's national delegation is ignoring their constituents on the issue. He's angry because once we sell off public land, it's gone forever. He can't understand why our leaders would support a provision so unpopular with voters.

"There was a time when we did have representation, but we've lost it in the 21st century," Wade said of Wyoming's national delegation. "We're getting screwed by all of them. We vote these people in thinking that they have our values, but they just talk like that during elections. The rest of the time they do what they want."

Others writing letters in opposition to the sale of public lands are the Park County commissioners and the Wyoming Outdoor Council.

Commissioner Kelly Simone prepared a resolution to send to the Wyoming national delegation and only Commissioner Lloyd Thiel voted against the resolution Tuesday, saying he wanted to wait for more information on the bill's real effects before weighing in. The others said it was worth making their thoughts clear immediately, even if, as indeed did happen, the situation changed soon after.

"The inclusion of Wyoming in this provision stands in sharp contrast with the strategic exclusion of the state of Montana, which also has significant public lands, but was reportedly protected from this provision due to the objections of a key member of Congress who opposed public land sales in their state," the resolution states. "This exclusion highlights the importance of strong advocacy by a state's federal delegation to protect public lands, and Wyoming's delegation should do the same to safeguard the access economy and values of the people they represent."

The commission stated public lands "belong to all Americans, and any effort to dispose of them should be subject to transparent public debate, local consent and respect for the communities that depend on them."

The resolution makes it clear that the majority of the commissioners "strongly oppose the provision inserted by U.S. Sen. Mike Lee of Utah into the Senate version of the congressional Republicans' budget bill," the letter says. "We urge Senator John Barrasso, Senator Cynthia Lummis and Representative Harriet Hageman to vigorously oppose this provision in any similar efforts to reduce public land holdings or restrict public access in the state of Wyoming. We call on our delegation to demand the removal of Wyoming from any land sale mandates, and to use their positions to ensure continued multiple use management of federal lands in our state. We support keeping public lands in public hands with collaborative and locally informed stewardship that respects both conservation and sustainable economic use."

The Wyoming Outdoors Council was blunt in their language in an email sent to the Tribune.

"The map of public lands eligible to be sold under the Senate budget bill is truly horrifying. Almost 15 million acres in Wyoming are on the table."

In the initial provision, big chunks of the Absarokas, Bighorns and surrounding areas would have been eligible to be sold, including the Sunlight Basin, Carter Mountain, Pahaska Tepee, upper stretches of the Wood River, much of the Beartooth Highway, Meadowlark Lake and Medicine Wheel.

The council members urged their members to call Barrasso and Lummis and "tell them to oppose the sale of public lands."

Representatives react

Wyoming Sen. John Barrasso didn't allow the groundswell of opposition to the provision to change his mind. Barrasso spokesperson Laura Mengelkamp replied to a request for comment from the senator by the Tribune, reaffirming his support for the sale of public land.

"Senator Barrasso has always been supportive of federal land sales when they serve the interests of states, local communities and the public," Mengelkamp said last week. "The proposal under discussion impacts less than 1% of our federal lands. It gives states and local governments a voice in the decisions. Gov. Gordon and local officials in Wyoming will play a significant role."

It is obvious they aren't blind to opposition, saying it’s important to note that this provision prohibits the sale of lands with special designations, such as national parks, national monuments, wilderness areas, or national recreation areas.

"[The original provision] also prohibits the sale of any land where there is a valid existing right, and will protect mining claims, grazing permits, mineral leases, or rights of ways,” she stated.

During the Senate debate, grazing land was deleted from the legislation. That is where Barrasso draws the line.

"Sen. Barrasso will continue working to ensure existing rights, including grazing rights, are protected in the final bill," Mengelkamp said.

Wyoming Sen. Cynthia Lummis has been writing letters as well. She teamed up with Lee to write an opinion piece in the Washington Examiner in March.

"With President Donald Trump finally back in the White House, we look forward to ensuring that local input remains at the forefront of land management in the future. This means reversing the previous administration’s attempts to unilaterally block access to federal lands through abuses of the Antiquities Act. While we all agree that preserving our country’s greatest landscapes is important, the act’s original intent was never to lock up millions of acres with the stroke of a presidential pen," the two opined.

Then, last week during Hageman's town hall in Cody, Hageman once again supported Mike Lee's amendment to the Senate version of the bill.

Hageman said she “of course” doesn’t think the government should go out and sell 14 million acres to the highest bidder, but also pushed back on the idea that all public lands need to remain in the government’s hands.

“We never, ever, ever talk about ever disposing of any federal lands under any circumstance whatsoever,” Hageman said. “That absolutely makes no sense whatsoever in a growing country.”

She mentioned the need for affordable housing and the potential income that sales could bring into the federal treasury.

“When you talk about wanting your grandchildren to be able to access these public lands, I want my grandchildren to not have to face a $70 trillion debt of their federal government,” Hageman told the crowd, as originally published last week in the Tribune.

On the other side of the debate, members of the Wyoming Democrats in the state Legislature issued a strong statement opposing the provision.

"We are strongly against the proposed sale of public lands, which is part of the budget bill currently being heard in Congress. These lands are used and cherished by everyone in our state, and they truly belong to all of us. We take great pride in our public lands, and we believe that the way this bill is written will not benefit the people of Wyoming. We urge all of our colleagues, friends, and neighbors, regardless of political affiliation, to join us in reaching out to our U.S. Senators and speaking out against this measure. Together, we can ensure that our public lands remain in public hands."

(CJ Baker and Zac Taylor contributed to this report.)