Requesting The Attorney General To Produce And Provide A List Of State Lands Currently Leased To The United States Of America Or Any Federal Agency.
Summary
SCR 128 is a Senate Concurrent Resolution requesting the Hawaii Attorney General to identify and provide a list of state lands currently leased to the United States or any federal agency. The resolution also asks the Attorney General to examine whether there are any constitutional or statutory barriers to continuing those leases or entering into new ones, with special attention to whether nominal-rent leases, such as leases for one dollar, may violate state law.
The measure is framed as a response to concerns about federal stewardship of Hawaii lands and waters. Its findings cite the State Constitution’s conservation mandate, long-standing military and federal use of state lands, and examples such as the Red Hill contamination crisis and the Kahoʻolawe bombing and cleanup issues. It also references federal policy actions that the resolution says could threaten public lands and environmental resources in Hawaii, including possible expansion of drilling, mining, and timber production on federal lands.
Impact
Because SCR 128 is a concurrent resolution rather than a bill, it does not directly change Hawaii statutes or create new legal obligations. Instead, it directs a request to the Attorney General for information gathering and legal analysis regarding state land leases to the federal government. If acted upon, the resolution could inform future legislative, executive, or legal decisions about lease terms, renewal, or restrictions on leasing state lands to federal agencies, especially where leases are nominal or long-term.
Sentiment
The available vote history suggests the resolution was received favorably in committee, passing Senate Judiciary 4-0 with amendments. The text itself reflects a strongly critical view of federal land stewardship and a protective stance toward Hawaii’s natural resources and public lands. Overall, the sentiment appears supportive of increased scrutiny of federal leases and aligned with conservation and sovereignty concerns.
Contention
The main point of contention is the relationship between Hawaii’s conservation obligations and the continued leasing of state lands to the federal government, particularly the military, at very low rents. Supporters of the resolution appear concerned that such leases may be inconsistent with state constitutional duties or harmful to environmental and community interests. Potential opposition would likely center on the practical and legal value of federal leases, the role of the military and other federal agencies in using state lands, and whether the State should challenge or limit longstanding arrangements without a clear legal basis.
Same As
Requesting The Attorney General To Produce And Provide A List Of State Lands Currently Leased To The United States Of America Or Any Federal Agency.