URGING THE GOVERNOR TO PROTECT THE STATE PUBLIC LAND TRUST AND NATIVE HAWAIIAN RIGHTS, WITH THE UNDERSTANDING THAT THE LEGISLATURE IS PREPARED TO TAKE ACTION IF THE FEDERAL GOVERNMENT INITIATES CONDEMNATION PROCEEDINGS AGAINST STATE LANDS.

HR121

HOUSE OF REPRESENTATIVES

H.R. NO.

121

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE RESOLUTION

URGING THE GOVERNOR TO PROTECT the STATE PUBLIC LAND
TRUST AND NATIVE HAWAIIAN RIGHTS, WITH THE UNDERSTANDING THAT THE LEGISLATURE
IS PREPARED TO TAKE ACTION IF THE FEDERAL GOVERNMENT INITIATES CONDEMNATION
PROCEEDINGS AGAINST STATE LANDS
.

����
WHEREAS, in
1993, the United States Congress enacted Public Law 103-150, also known as the
Apology Resolution, acknowledging the centennial of the illegal overthrow of
the Kingdom of Hawaii and recognizing the ongoing need for justice, healing,
and reconciliation with the Native Hawaiian people; and

����
WHEREAS, lands
held by the State of Hawaii, including ceded lands, are held in public trust
under the Organic Act of 1900, Hawaii Admission Act, and articles XI and XII of
the Hawaii State Constitution, with a duty to conserve, protect, and manage
them for the benefit of all of Hawaii's people; and

����
WHEREAS, military
activities in Hawaii have historically caused significant environmental and
cultural harm, including contamination of Oahu's drinking water because of fuel
spills and leaks from the Red Hill Bulk Fuel Storage Facility, military bombing
of and destruction of resources on Kahoolawe, and fuel spills on Haleakala on
Maui; and

����
WHEREAS, over
the years, the State has provided various statutory benefits, exemptions, and
privileges to members of the United States armed forces and their dependents,
while the federal government has, in many cases, under-reimbursed the State with
compensatory impact aid; and

����
WHEREAS, the
initiation of condemnation proceedings against state lands by the federal
government would materially impair the State's ability to fulfill its
constitutionally mandated responsibilities to protect the public land trust and
Native Hawaiian rights; and

����
WHEREAS, the
initiation of condemnation proceedings against state lands by the federal
government is also inconsistent with the Apology Resolution and the State's
constitutional obligations to its people and the environment; and

����
WHEREAS, this
body stands united in protecting the public land trust and Native Hawaiian
rights and affirms its determination to take all lawful steps, including a reassessment
of statutory benefits for military personnel and their families, to ensure that
these constitutional obligations are upheld; now, therefore,

����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026, that the Governor is urged to protect
the state public land trust and Native Hawaiian rights, with the understanding
that this body is prepared to take action if the federal government initiates
condemnation proceedings against state lands; and

BE IT FURTHER RESOLVED that the
Governor is urged to protect the public land trust and Native Hawaiian rights and
to take action, including introducing legislation to repeal certain statutory
provisions of the Hawaii Revised Statutes, if the federal government initiates
condemnation proceedings against state lands; and

����
BE IT FURTHER
RESOLVED that the Governor is urged to submit for introduction and to support,
advocate, and approve legislation that suspends or repeals the following
provisions of the Hawaii Revised Statutes:

����
(1)
�
Section 29-25, Hawaii Revised Statutes: Federal
impact aid received by the Department of Education;

����
(2)
�
Section 78-1(c), Hawaii Revised Statutes: Residency
exemptions for military dependents;

����
(3)
�
Section 88-55.5, Hawaii Revised Statutes: Exemption
of Hawaii National Guard members from mandatory enrollment in the Employees' Retirement
System;

����
(4)
�
Chapter 88, Part I, Subpart E (sections
88-132, 88-132.5, 88-134, 88-135, 88-140, 88-141, Hawaii Revised Statutes) and
related sections (sections 88-272, 88-321, 88-322, 88-323, 88-324, Hawaii
Revised Statutes), Hawaii Revised Statutes: Special retirement classifications
and credited service for military members;

����
(5)
�
Sections 134-2(g)(4) and 134-9(e)(3), Hawaii
Revised Statutes: Recognition of military firearms instruction for permits;

����
(6)
�
Sections 183D-22(b)(1) and 188-72(a), Hawaii
Revised Statutes: Reduced hunting and marine fishing license fees for active-duty
military and families;

����
(7)
�
Sections 201H-49(a), 201H-71, and 206E-284(e),
Hawaii Revised Statutes: Housing-related exemptions and bond authorizations
benefiting military personnel;

����
(8)
�
Sections 231-15.8, 235-100, 235-100.5, and
249-6.5, Hawaii Revised Statutes: Tax deferrals, abatements, and exemptions for
military members;

����
(9)
�
Sections 286-106.5, 286-107(f) and (g), and
286-235.5, Hawaii Revised Statutes: Driver's license accommodations and
commercial license exemptions for military members and dependents;

���
(10)
�
Sections 302A-121(e), 302A-1101(c), 302A-627,
302A-1404(b), 304A-102, 304A-502, 304A-802, and Chapter 311D, Hawaii Revised
Statutes: Education benefits, tuition waivers, teacher service credit, and
military representation;

���
(11)
�
Sections 329-4, 431:2-201.8, 431:8-327(g),
431:9A-107(d), 431:9A-111(a)(3), 431:9A-124(g), and 431:10C-119(c), Hawaii
Revised Statutes: Insurance, licensure extensions, and coordination with
military agencies;

���
(12)
�
Sections 436B-14.5, 436B-14.6, 436B-14.7,
440E-26, 457-9.2(c)(2), 461-8(d)(2), 461J-10.14(d), 464-9(d)(6)(A), and 471-9(g),
Hawaii Revised Statutes: Professional license restoration, reciprocity, and
exemptions for military personnel and spouses;

���
(13)
�
Sections 476-26, 480J-2(a)(4), 481B-16,
486N-7.5, 514B-98.5(b)(2), 514B-146.5(c)(2), 516-33(a)(2), and 521-83, Hawaii
Revised Statutes: Consumer protections, contract terminations, and rental
exemptions for military members; and

���
(14)
�
Section 605-13, Chapter 657D, and Section
702-232, Hawaii Revised Statutes: Legal representation for service members,
civil relief for state military forces, and affirmative defense for acts
performed pursuant to superior orders; and

����
BE IT FURTHER
RESOLVED that the Governor is urged to provide timely written public notice to
this body and the people of Hawaii if condemnation proceedings are initiated by
the federal government; and

����
BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the United
States Secretary of Defense, Hawaii's Congressional delegation, and Governor.

OFFERED BY:

_____________________________

Report Title:
�

Public
Land Trust; Condemnation Proceedings Initiated by the United States Government;
Suspension or Repeal of Certain Provisions of the Hawaii Revised Statutes