STAND. COM. REP. NO.
Honolulu, Hawaii
APR 0 2 2025
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 7\merica or any federal
agency.
Your Committee received testimony in support of this measure
from the Environmental Caucus of the Democratic Party of Hawai‘i.
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 O‘ahu, the indiscriminate
bombing of Kaho‘olawe and subsequent incomplete cleanup of
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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,
PCARL RHOADS, Chair
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 The Senate
Thirty-Third Legislature
State of Hawaii
Record of Votes
Committee on Judiciary
JDC
Bill / Resolution No.:* Committee Referral: Date:
5/?-r2/^5'
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ___________________________________
The Recommendation is:
Pass, unamended X” Pass, with amendments __ Hold __ Recommit
2312 2311_______________ 2310________ 2313
Members Aye Aye (WR) Nay Excused
RHOADS, Karl (C)
GABBARD. Mike (VC)
CHANG. Stanley
SAN BUENAVENTURA. Joy A.
AWA. Brenton --
y
TOTAL
Recommendation: __ '
Adopted O Not Adopted
Chair’s or Designee’s^Si&D^turQ.
DistriWition: 7 ------ ©rignTaT-^ Yellow Pink Goldenrod
f File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/09/24