RELATING TO PUBLIC LANDS.

SB198

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.

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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:

"
C
hapter

LEASES OF PUBLIC LANDS by the united states
military

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�
��

-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.

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(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

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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.

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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.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.