PolicyBrief
H.R. 681
119th CongressJan 23rd 2025
To amend the Act of August 9, 1955 (commonly known as the "Long-Term Leasing Act"), to authorize leases of up to 99 years for land held in trust for the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah), and for other purposes.
IN COMMITTEE

This bill amends the Long-Term Leasing Act to grant the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah) the authority to enter into leases of up to 99 years for land held in trust.

William Keating
D

William Keating

Representative

MA-9

LEGISLATION

Mashpee Wampanoag and Aquinnah Wampanoag Tribes Get Green Light for 99-Year Land Leases

This bill levels the playing field for the Mashpee Wampanoag and Aquinnah Wampanoag Tribes, giving them the same land leasing power as the Confederated Tribes of the Chehalis Reservation. Specifically, it amends the Long-Term Leasing Act to allow these tribes to lease out their trust lands for up to 99 years.

Leasing Power Unleashed

The core change here is all about long-term leases. Previously, there were restrictions on how long these tribes could lease their land. This bill (SEC. 1) wipes those restrictions, bumping the maximum lease term up to 99 years. This applies to land held in trust for both the Mashpee Wampanoag Tribe Reservation and the Wampanoag Tribe of Gay Head (Aquinnah) Reservation.

Real-World Ripple Effects

So, what does this mean in practice? Think about a tribal business that wants to build a new facility, or an outside company looking to partner with the tribe on a development project. Longer leases provide more stability and security for these kinds of investments. For example, a local entrepreneur on tribal land might get a loan to construct a building, knowing that they can count on the location for the long haul. Or, a construction company might be more willing to undertake a large-scale project on tribal land if they have a 99-year lease guaranteeing the use of that land.

The Long Game and Potential Pitfalls

While this change opens up economic opportunities, it also comes with responsibilities. Ninety-nine years is a long time – several generations. The tribes will need to be strategic about how they use this new authority. One challenge will be ensuring that leases are structured in a way that benefits not just the current generation, but also those to come. There's the potential for deals that look good now but might not be so great 50 years down the line. It's like signing a long-term cell phone contract – you want to make sure you're getting a good deal not just today, but also for the life of the contract.

This legislation puts more control in the hands of the Mashpee Wampanoag and Aquinnah Wampanoag Tribes, aligning their leasing options with other tribes. The real test will be in how they use this new power to balance economic growth with long-term stewardship of their land.