S-236-119
Placed on Senate Legislative Calendar under General Orders. Calendar No. 553.
Sponsored by Edward Markey (D-MA)
What it does
This bill would amend the 1955 Long-Term Leasing Act to add the Mashpee Wampanoag Tribe Reservation and land held in trust for the Wampanoag Tribe of Gay Head (Aquinnah) to the list of tribal lands eligible for leases of up to 99 years. Currently these lands are subject to shorter maximum lease terms under federal law, which can limit the tribes' ability to attract long-term development financing or agreements.
Who benefits
The Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah), who would gain greater flexibility to negotiate long-term leases for economic development, housing, or commercial projects on their trust and reservation lands. Potential lessees and business partners, including developers and financial institutions, would also benefit from the certainty a longer lease term provides for financing large projects.
Who is hurt
No group is clearly and directly harmed by this change; it expands a contractual option available to the tribes rather than mandating any particular use of land. Neighboring municipalities or Massachusetts state and local governments could see indirect effects if long-term leased development changes land use, traffic, or local tax dynamics near tribal lands, though these effects are speculative and depend on how the leasing authority is used.
Supporters argue
Supporters argue that other tribes already have 99-year leasing authority under the same 1955 Act, and this bill simply extends the same economic development tool to the Mashpee Wampanoag and Aquinnah tribes, correcting an inconsistency. They contend that longer lease terms make it far easier to secure investment and financing for housing, tourism, and commercial projects that shorter leases cannot support, directly benefiting tribal economic self-sufficiency.
Opponents argue
Opponents, to the extent any exist, might argue that longer lease terms could tie up tribal land for nearly a century in agreements that may not serve the tribe's long-term interests if economic or community circumstances change substantially. They could also contend that any land-use changes enabled by the leases warrant closer review of environmental and community impacts on Cape Cod and Martha's Vineyard before expanding leasing authority.
Constitutional context
Congress has plenary authority over tribal trust lands and Indian affairs derived from the Indian Commerce Clause (Art. I, §8, cl. 3) and its historical trust relationship with tribes, which supports amending statutes like the Long-Term Leasing Act that govern how trust land may be leased. This is a routine exercise of that established authority rather than a matter of contested equal protection or free speech doctrine.
Checks and balances
Congress exercises its plenary power over Indian affairs by amending federal leasing law; the Department of the Interior retains administrative oversight of individual lease approvals, and courts can review disputes over lease terms or trust obligations.
Historical precedent
Congress has repeatedly amended the 1955 Long-Term Leasing Act to add specific tribes to the list eligible for 99-year leases, including the Confederated Tribes of the Chehalis Reservation referenced directly in this bill's text.