PolicyBrief
S. 236
119th CongressMay 20th 2026
A bill 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 in the Mashpee Wampanoag Tribe Reservation and land held in trust for the Wampanoag Tribe of Gay Head (Aquinnah), and for other purposes.
AWAITING SENATE

This bill authorizes the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah) to enter into long-term land leases of up to 99 years.

Edward "Ed" Markey
D

Edward "Ed" Markey

Senator

MA

LEGISLATION

Tribal Land Update Grants Mashpee Wampanoag and Aquinnah 99-Year Leasing Power

This bill updates the Long-Term Leasing Act of 1955 to give the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah) the authority to lease their trust lands for up to 99 years. Currently, many tribal lands are restricted to much shorter lease terms unless specifically granted an exception by federal law. By adding these two tribes to the existing list of authorized tribal entities in 25 U.S.C. 415(a), the legislation removes a significant bureaucratic hurdle that has historically made long-term planning difficult for these communities.

Leveling the Playing Field

Think of this like a zoning upgrade for a small business owner who was previously only allowed to sign two-year leases. In the world of commercial development, 25 years (the standard limit for many tribes) often isn't long enough for a bank to finance a major project like a shopping center, a housing development, or a renewable energy farm. By extending that window to 99 years, this bill puts these two Massachusetts-based tribes on the same legal footing as dozens of other tribes across the country. It allows them to offer the kind of long-term stability that attracts serious investors and long-term partners, which is a major win for local economic self-sufficiency.

Real-World Foundations

For a tribal member, this change could mean the difference between a vacant lot and a new community health center or a grocery store. When a tribe can negotiate a century-long lease, they can secure the financing needed for large-scale infrastructure that benefits everyone in the area. For example, a developer looking to build mixed-income housing is far more likely to break ground if they know the land lease won't expire before the building is even paid off. This bill doesn't hand out federal cash; instead, it hands over the keys to the tribes' own economic engines, allowing them to manage their land in a way that makes sense for modern business cycles.