S-236-119
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
Sponsored by Edward Markey (D-MA)
What it does
This bill would amend the Long-Term Leasing Act of 1955 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 where leases of up to 99 years are permitted. Currently, the Act authorizes long-term leases for a number of named tribes but does not include these two Massachusetts tribes. The bill makes no other changes to lease terms, federal oversight requirements, or approval processes under the existing Act.
Who benefits
Members of the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah), who would gain greater flexibility to enter long-term economic development agreements on their lands. Businesses and developers seeking long-term leases on tribal land for housing, commercial, or infrastructure projects. Tribal governments, which would gain a tool to attract longer-term investment and generate sustained revenue. Lenders and investors who require long lease terms as collateral for financing tribal development projects.
Who is hurt
Neighboring non-tribal landowners and local municipalities in Massachusetts who may have concerns about large-scale or long-term development on adjacent tribal lands. Short-term lessees or existing tenants whose negotiating position could shift if tribes pursue longer-term arrangements with other parties. State and local governments that currently exercise some land-use influence over shorter-term arrangements may see reduced leverage over multi-decade projects.
Supporters argue
Supporters argue that the two Massachusetts tribes are being treated unequally compared to dozens of other federally recognized tribes already named in the Long-Term Leasing Act, which is a straightforward inequity in federal law. They contend that 99-year leases are a standard economic development tool — used widely in commercial real estate — and that denying this authority to these tribes limits their ability to attract financing, build housing, and achieve economic self-sufficiency, outcomes Congress has long supported through federal Indian policy.
Opponents argue
Opponents argue that long-term leases on tribal trust land can effectively remove parcels from meaningful federal oversight for nearly a century, raising concerns about accountability and land use consistency with tribal and community interests. They contend that the Mashpee Wampanoag Tribe's reservation status has itself been subject to ongoing legal dispute — federal courts have questioned whether the land was lawfully taken into trust — meaning that extending 99-year lease authority before that underlying question is resolved could create legal complications for lessees and the federal government alike.