SCR 128: Requesting the Attorney General to produce and provide a list of state lands currently leased to the United States of America or any federal agency.

SENATE CONCURRENT

RESOLUTION

Requesting the Attorney General to produce and provide a list of state lands currently leased to the United States of America or any federal agency.

     WHEREAS, article XI, section 1, of the Hawaii State Constitution provides that "the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources . . . and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State"; and

     WHEREAS, the State currently leases tens of thousands of acres of state land to the federal government, including various sites which have been leased to the United States military for the past sixty years at the price of one dollar; and

     WHEREAS, the military has proven to be an unreliable steward of the State's land and waters, as demonstrated by the Red Hill water contamination crisis on Oʻahu, the indiscriminate bombing of Kahoʻolawe and subsequent incomplete cleanup of unexploded ordinance, and many other incidents; and

     WHEREAS, the United States Army itself has acknowledged that "continued loss of ʻāina represents a disproportionate and a long term, significant, adverse impact on communities with environmental justice concerns"; and

     WHEREAS, the Trump administration has taken actions that further endanger the State's natural resources, including by asserting that national parks and public lands are assets on "the nation's balance sheet," by indicating that public lands may be sold off to raise money for a new "sovereign wealth fund," and by issuing an executive order calling for the "immediate expansion" of timber production on federal lands; and

     WHEREAS, these policies have had an immediate negative effect on precious state lands and resources, including by eliminating funding for critical environmental and agricultural programs across the State, and by eliminating staff and caretakers at federally-owned properties within the State; and

     WHEREAS, these policies are poised to do further harm to the State, including as a result of the Secretary of the Interior's order requiring federal agencies to assess the feasibility of fracking, drilling, and mining across all public lands and waters, such as Papahānaumokuākea Marine National Monument; and

     WHEREAS, the federal government has thus demonstrated a clear unwillingness or inability to responsibly steward state lands entrusted to it as a lessee; and

     WHEREAS, the current administration's actions and stated intentions represent a clear and present danger to the conservation and protection of the State's natural beauty and natural resources; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Attorney General is requested to produce and provide a list of state lands currently leased to the United States of America or any federal agency; and

     BE IT FURTHER RESOLVED that the Attorney General is requested to determine whether there are any state constitutional or other legal impediments to continued leasing to the federal government or offering new leases, noting particularly whether leasing for nominal amounts is violative of any state constitutional or statutory provisions; and

     BE IT FURTHER RESOLVED that any lessor of state land to the federal government is requested to furnish information to the Attorney General as necessary to assist with the tasks requested by this Concurrent Resolution; and

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Attorney General.

Report Title: 

Attorney General; State Lands; Leases; Federal Government

SENATE CONCURRENT

RESOLUTION

Requesting the Attorney General to produce and provide a list of state lands currently leased to the United States of America or any federal agency.

     WHEREAS, article XI, section 1 of the Hawaii State Constitution provides that "the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources . . . and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State"; and

     WHEREAS, the State currently leases tens of thousands of acres of state land to the federal government, including various sites which have been leased to the United States military for the past sixty years at the price of one dollar; and

     WHEREAS, the military has proven to be an unreliable steward of the State's land and waters, as demonstrated by the Red Hill water contamination crisis on Oʻahu, the indiscriminate bombing of Kahoʻolawe and subsequent incomplete cleanup of unexploded ordinance, and many other incidents; and

     WHEREAS, the United States Army itself has acknowledged that "continued loss of ʻāina represents a disproportionate and a long term, significant, adverse impact on communities with environmental justice concerns"; and

     WHEREAS, the Trump administration has taken actions that further endanger the State's natural resources, including by asserting that national parks and public lands are assets on "the nation's balance sheet," by indicating that public lands may be sold off to raise money for a new "sovereign wealth fund," and by issuing an executive order calling for the "immediate expansion" of timber production on federal lands; and

     WHEREAS, these policies have had an immediate negative effect on precious state lands and resources, including by eliminating funding for critical environmental and agricultural programs across the State, and by eliminating staff and caretakers at federally-owned properties within the State; and

     WHEREAS, these policies are poised to do further harm to the State, including as a result of the Secretary of the Interior's order requiring federal agencies to assess the feasibility of fracking, drilling, and mining across all public lands and waters, such as Papahānaumokuākea Marine National Monument; and

     WHEREAS, the federal government has thus demonstrated a clear unwillingness or inability to responsibly steward state lands entrusted to it as a lessee; and

     WHEREAS, the current administration's actions and stated intentions represent a clear and present danger to the conservation and protection of the State's natural beauty and natural resources; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Attorney General is requested to produce and provide a list of state lands currently leased to the United States of America or any federal agency; and

     BE IT FURTHER RESOLVED that the Attorney General is requested to review all current leases of state land to the federal government and to recommend to the Legislature and the state lessor whether the renewal of the lease would or would not be in the public interest and consistent with the Hawaii State Constitution and any applicable state law; and

     BE IT FURTHER RESOLVED that any lessor of state land to the federal government is requested to furnish information to the Attorney General as necessary to assist with the tasks requested by this Concurrent Resolution; and

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Attorney General.

Report Title: 

Attorney General; State Lands; Leases; Federal Government

STAND. COM. REP. NO.  2124

Honolulu, Hawaii

                , 2025

RE:   S.C.R. No. 128

      S.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.C.R. No. 128, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE ATTORNEY GENERAL TO PRODUCE AND PROVIDE A LIST OF STATE LANDS CURRENTLY LEASED TO THE UNITED STATES OF AMERICA OR ANY FEDERAL AGENCY,"

begs leave to report as follows:

     The purpose of this measure is to request the Attorney General of Hawaii to take several actions related to state lands currently leased to the United States government or federal agencies. This measure asks the Attorney General to produce a list of leased lands, and examine legal impediments.

     Your Committee received testimony in support for this measure from the Environmental Caucus of the Democratic Party of Hawai`i and from two individuals. Your Committee received testimony in opposition from the Attorney General.

Your Committee finds that lands under the jurisdiction of the State of Hawaiʻi and currently leased to the United States government or federal agencies represent significant public trust resources. The long-term use of these lands by Federal entities raises important questions regarding compliance with State laws, transparency of lease terms, and potential environmental and cultural impacts resulting from federal activities. Your Committee further finds that there is a lack of accessible and comprehensive information about the scope, duration, and conditions of these leases, which impedes informed decision-making and public accountability.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 128, S.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO. 1560

Honolulu, Hawaii

RE:    S.C.R. No. 128

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.C.R. No. 128 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE ATTORNEY GENERAL TO PRODUCE AND PROVIDE A LIST OF STATE LANDS CURRENTLY LEASED TO THE UNITED STATES OF AMERICA OR ANY FEDERAL AGENCY,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Attorney General to produce and provide a list of state lands currently leased to the United States of America or any federal agency.

     Your Committee received testimony in support of this measure from the Environmental Caucus of the Democratic Party of Hawaiʻi.

     Your Committee received testimony in opposition to this measure from the Department of the Attorney General.

     Your Committee finds that the State currently leases tens of thousands of acres of state land to the federal government, including various sites which have been leased to the United States military for the past sixty years at the price of one dollar.  However, the military has proven to be an unreliable steward of the State's lands and waters, as demonstrated by the Red Hill water contamination crisis on Oʻahu, the indiscriminate bombing of Kahoʻolawe and subsequent incomplete cleanup of unexploded ordinance, and many other incidents.  Your Committee believes that the federal government has thus demonstrated a clear unwillingness or inability to responsibly steward state lands entrusted to it as a lessee.  This measure will promote effective oversight and empower the State to assess current arrangements and determine whether they align with the State's long-term interests.

     Your Committee has amended this measure by:

     (1)  Inserting language requesting the Attorney General to determine whether there are any state constitutional or other legal impediments to continued leasing to the federal government or offering new leases, noting particularly whether leasing for nominal amounts is violative of any state constitutional or statutory provisions; and

     (2)  Deleting language that would have requested the Attorney General to review all current leases of state land to the federal government and to recommend to the Legislature and the state lessor whether the renewal of the lease would or would not be in the public interest and consistent with the Hawaii State Constitution and any applicable state law.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 128, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 128, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,