THE SENATE	S.C.R. NO.	25
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

OPPOSING Condemnation or threats of condemnation by the federal government to take control of pOhakuloa and any state land.

 

 

     WHEREAS, the aina referred to as Pohakuloa on Mauna Kea is sacred to kanaka oiwi; and

 

     WHEREAS, Pohakuloa is a resting place for iwi kupuna; and

 

     WHEREAS, kanaka had accessed Pohakuloa to gather resources and to engage in traditional and customary practices prior to and following European contact; and

 

     WHEREAS, Pohakuloa is an area of great natural importance as the habitat for native species of plants and animals, many of which are protected or endemic; and

 

     WHEREAS, since 1964, the United States Army has leased approximately twenty-three thousand acres of state public trust land as part of the Pohakuloa training area where it conducts live-fire training and maneuver exercises; and

 

     WHEREAS, the United States Army's lease for the public trust land that contains the Pohakuloa training area will expire on August 16, 2029; and

 

     WHEREAS, on May 9, 2025, the Board of Land and Natural Resources rejected the United States Army's final environmental impact statement for its proposed retention and use of the Pohakuloa training area; and

 

     WHEREAS, in a letter to the United States Secretary of the Army Dan Driscoll dated October 29, 2025, following consultation with federal departments regarding training in the State by the United States Army, Governor Josh Green requested a settlement worth approximately $10,000,000,000 should the United States Army pursue condemnation of state lands in the Pohakuloa training area; and

 

     WHEREAS, the United States Congress has clearly stated: "We are concerned that the Army may pursue condemnation in 2025 prior to the 2029 land lease deadline in the vicinity of the [Pohakuloa training area] before it has fully expended the opportunity for negotiation or achieved a coordinated compensation package within the various agencies of the executive branch.  We note that the Army does not have the authority to acquire such lands and that attempting to do so would be contrary to congressional intent," in its Joint Explanatory Statement to Accompany the National Defense Authorization Act for Fiscal Year 2026; and

 

     WHEREAS, the power of states and state sovereignty are enshrined in the United States Constitution; and

 

     WHEREAS, the seizure of state land by the federal government without prior consent is extremely rare in the history of the United States; and

 

     WHEREAS, the State has existing, valid, and frequently-used legal processes for the disposition of land; and

 

     WHEREAS, the State owes a fiduciary duty to native Hawaiians and the general public of the State with respect to state public trust land, including Pohakuloa, pursuant to articles XI and XII of the Hawaii State Constitution; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the House of Representatives concurring, that this body staunchly opposes the use of, and any threats of the use of, condemnation by the United States government, or its subdivisions, to take any land of the State, including the land subject to the expiring lease for the Pohakuloa training area; and

 

     BE IT FURTHER RESOLVED that this body believes the protection afforded by the United States Constitution to state laws and legal processes relating to land disposition should be respected and the appropriate mechanism for the transaction of land between the federal government and the State is not condemnation; and

 

     BE IT FURTHER RESOLVED that this body encourages the State to undertake all efforts necessary to fulfill its fiduciary duties to native Hawaiians and the general public of the State with respect to Pohakuloa; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and members of the State's congressional delegation.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

Pohakuloa Training Area; Public Trust Land; Condemnation