Bill
SCR 128
Requires the Attorney General to list and review state land leases to the federal government, assess public interest and legality, and report findings to the Legislature.
Purpose and intent
- SCR 128, as amended by SD 1, is a concurrent resolution in the Hawaii Legislature that directs the Attorney General to:
- Produce and provide a list of state lands currently leased to the United States of America or any federal agency.
- Review all current leases of state land to the federal government and determine whether renewal would be in the public interest and consistent with the Hawaii State Constitution and applicable state law.
- Identify any state constitutional or other legal impediments to continued leasing or offering new leases, with particular attention to whether leasing for nominal amounts would violate constitutional or statutory provisions.
- Request provision of relevant information from the lessors to assist in these tasks.
- Transmit a certified copy of the resolution to the Attorney General.
Key provisions and changes (as in SD1)
- List and review: Requires the Attorney General to compile a list of all state lands leased to the federal government and to examine each lease.
- Legal feasibility and public interest: The AG must assess whether continued leasing or new leases would be in the public interest and constitutional/lawful.
- Nominal lease concerns: Emphasizes potential constitutional or statutory issues with leases at nominal (very low) amounts.
- Information sharing: Requires state land lessors to furnish necessary information to support the AG’s tasks.
- Legislative communication: Results and recommendations to be shared with the Legislature and state lessor, guiding future actions.
- Certification and transmission: A certified copy of the resolution will be transmitted to the Attorney General.
Background and context
- Constitutional basis: Article XI, section 1 of the Hawaii State Constitution requires conservation and protection of natural resources and sustainable development of resources.
- Rationale cited in the bill: The State leases tens of thousands of acres to the federal government, including long-standing military leases at nominal rents, and expresses concerns about the federal government’s stewardship of state lands. Cited issues include local environmental and public-interest impacts (e.g., Red Hill groundwater contamination on O‘ahu, unexploded ordnance on Kaho‘olawe, and other incidents) and broader policy concerns about federal land management and funding for state environmental programs.
- Policy framing: The resolution portrays current federal leasing as potentially misaligned with state conservation goals and constitutional obligations, and seeks to reassess leases in light of these concerns.
Status and timeline (as of the version provided)
- Introduced: March 7, 2025
- Referred to Joint Committee on Judiciary and Hawaiian Affairs (JHA) and related committees during the process
- SD1 (amended form) transmitted from Senate to House and adopted in final form
- Adopted in final form: April 17, 2025
- Received from House: April 17, 2025 (Hse. Com. No. 750)
- Next steps: With the Senate, as a concurrent resolution, it conveys the Legislature’s request and findings, but does not itself create binding law.
Sponsors and related bills
- Primary sponsors: RHOADS, ELEFANTE
- Additional sponsors: Dela Cruz (cosponsor), INOUYE, San Buenaventura (cosponsor)
- Related bill: SR 107 (companion resolution)
Who is affected
- State: State land lessors and the Attorney General (lead for compiling the list and reviewing leases)
- Federal government: Leases of state lands and any ongoing or future leasing arrangements
- Legislature: Receives AG’s findings and recommendations to inform potential legislative or policy action
Note: SCRs are non-binding measures expressing the Legislature’s position and requesting action by the Executive branch (Attorney General) and state agencies.
Compiled from official sources — confirm details with the bill’s official record.
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