OPPOSING CONDEMNATION OR THREATS OF CONDEMNATION BY THE FEDERAL GOVERNMENT TO TAKE CONTROL OF POHAKULOA AND ANY STATE LAND.

SCR25

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 p
Ohakuloa
and any state land
.

����
WHEREAS, the a
ina 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