PolicyBrief
S. 2351
119th CongressJul 30th 2025
Space Exploration Research Act
AWAITING SENATE

This act grants NASA expanded authority to lease government land for up to 99 years to educational, scientific, and governmental entities to support space exploration and related research activities.

Ted Cruz
R

Ted Cruz

Senator

TX

LEGISLATION

NASA Gets Power to Lease Land for 99 Years, Subsidize Tenants: What It Means for Taxpayers and Tech

The newly introduced Space Exploration Research Act isn’t about launching more rockets—it’s about leasing real estate. Specifically, it grants the head of NASA, the Administrator, significant new power to lease out government-owned land and facilities for terms up to 99 years. The recipients must be specific entities: state/local governments, universities, or tax-exempt 501(c)(3) non-profits focused on science or education. The goal is to let these groups build and run facilities for space research, job training, or technology transfer, and the Administrator gets to set the lease terms they deem “fair.”

The 99-Year Lease: Public Land Goes Long-Term

Think about what a 99-year lease means: it’s essentially the full commercial lifespan of a building. This bill allows NASA to hand over control of federal property for nearly a century to specific partners. This is a massive delegation of authority, and the bill explicitly overrides several existing federal property management laws (specifically sections 1302 of title 40, 20145 of title 51, and 306121 of title 54 U.S. Code). When existing checks and balances get overridden, it usually means the process is being streamlined—but it also means less oversight on how public assets are valued and transferred. The Administrator can decide what “fair terms” are, which gives them a lot of discretion without clear, objective metrics for ensuring taxpayers are getting the best deal for this valuable land.

The Hidden Subsidy: Free Maintenance and Support

Here’s where things get interesting for taxpayers. Section 2 allows NASA to enter into agreements to provide administrative help, maintenance, teaching support, and other services to the facilities built on this leased land. Crucially, NASA can do this without requiring payment for those services. Imagine a university or a non-profit foundation building a state-of-the-art research facility on NASA land. Under this provision, NASA could potentially be on the hook for the upkeep, utilities, and even some staffing support for decades, essentially providing a continuous, non-reimbursed subsidy to the lessee. While this could certainly boost research and training efforts—say, helping a community college set up a cutting-edge aerospace technician program—it shifts the cost burden from the lessee onto the federal budget.

Who Benefits from the New Authority?

The primary winners here are universities and non-profits that focus on science and space technology. They gain access to prime, often historically significant, NASA real estate with the stability of a 99-year term, allowing them to secure long-term funding and infrastructure. This is designed to accelerate public-private partnerships and get technology out of the lab and into the market faster. For example, a university could build a specialized materials testing lab right next to a NASA center, benefiting from shared expertise and resources. However, the flip side is that the general public loses control and access to that federal land for the duration of the lease, and taxpayers foot the bill for the administrative support NASA is now authorized to provide without mandatory reimbursement. It’s a trade-off: increased space-tech development for potentially increased public cost and reduced oversight on asset management.