THE SENATE
S.B. NO.
198
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that the State is the custodian of Hawaii's lands and, when leasing lands, acts as a landlord. Landlords commonly establish rules for their tenants to protect the integrity and condition of the leased property. When leasing public lands, it is within the State's authority to insist that its lessees protect the State's environment and natural resources and refrain from actions that threaten the health and safety of the State's residents.
Accordingly, the purpose of this part is to prohibit any lease or lease extension for public lands between the State and the United States Department of Defense or branches of the United States military if the United States Department of Defense or branch of the United States military is noncompliant with any requirement regarding environmental maintenance or remediation for those public lands.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
LEASES OF PUBLIC LANDS by the united states military
§ -1 Leases and lease extensions. No lease of public lands, or any extension of any lease of public lands that occurs after the effective date of this Act, shall be issued by the State to the United States Department of Defense or any branch of the United States military if the department or branch is noncompliant with any order, consent decree, or memoranda of agreement requiring the department or branch to perform environmental maintenance or remediation activities with regard to the subject public lands or any law, rule, or order on a matter affecting the health and safety of the State's residents."
PART II
SECTION 3. (a) The board of land and natural resources shall submit a request to the United States Department of Defense to add the requirements set forth in section 2 of this Act to all current leases of state public lands issued to the United States Department of Defense or any branch of the United States military. The request shall also include an alternative option that the United States Department of Defense or the applicable branch of the United States military agree to remove all hazards from the leased lands and conduct other remediation and restoration services necessary to make those lands suitable for agriculture, residential use, and human habitation before the end of the lease term.
(b) The board of land and natural resources shall submit reports to the legislature no later than twenty days prior to the convening of the 2026 and 2027 regular sessions on the status of the request and any related negotiations.
PART III
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOD; DLNR; United States Military; Leases; Lease Extensions; Prohibitions; Public Lands
Description:
Prohibits the State from leasing public lands to or extending the lease of the US Department of Defense or any branch of the US military if the department or branch is noncompliant with any environmental order, consent decree, or memoranda of agreement, or any law, rule, or order on a matter affecting residents' health and safety. Requires Department of Land and Natural Resources to request that the military agree to remediation of existing leased lands prior to the end of the lease term.
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