Proposed federal act could grant US military another shot at collaboratively renewing leased Hawai‘i lands

The U.S. military could have the opportunity to submit a new Environmental Impact Statement to directly respond to deficiencies previously identified by the the state for retaining leased lands on Hawai‘i Island and O‘ahu.

This resubmission is a key provision within the Fiscal Year 2027 National Defense Authorization Act, which was passed by the U.S. Senate Armed Services Committee on June 15. The proposed act is expected to advance to the full U.S. Senate for consideration by the end of July.

On Friday, the Office of Hawaiian Affairs stated in a news release that the Senate language in the proposed act “reflects important progress toward a more collaborative and constructive path forward” concerning the future of military-leased lands, including at Pōhakuloa Training Area on Hawai‘i Island and Kahuku Training Area on O‘ahu.

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The Office of Hawaiian Affairs said “perhaps most encouraging” is the National Defense Authorization Act’s “clear movement away from condemnation and toward negotiated solutions.”

The organization said the process outlined is consistent with its long-standing position opposing condemnation – whether forcible or “friendly” – and insisting that lands held in public trust remain in the public trust and continue benefiting Native Hawaiians and future generations of Hawaiʻi’s people.

The removal of federal government taking of the land as an option and the requirement for renewed environmental review are consistent with what the Office of Hawaiian Affairs has long advocated, OHA Chair Kaialiʻi Kahele said in a news release.

He added that these lands must not be permanently alienated and that Hawaiʻi’s concerns must be fully addressed in good faith.

“Congress appears willing to respect Hawaiʻi’s laws and institutions,” Kahele said. “The opportunity before us now is to fully embrace the responsibilities and authorities those laws entrust to us.”

Located between Mauna Loa, Mauna Kea and Hualālai, Pōhakuloa collectively makes up 132,000 acres and is located at just over 6,000 feet above sea level along the Saddle Road region. The training area is the largest contiguous live-fire range and maneuver training area in the state, Army officials said.

The Army leased the land in 1964 for just $1. With the 65-year lease set to expire in August 2029, military officials told the Hawaiʻi Board of Land and Natural Resources during a presentation of the Environmental Impact Statement in May 2025 that the land is considered a premier military training center in the Pacific region. This is because it is the only site where battalions and brigades, encompassing hundreds to thousands of soldiers, can come for live-fire training all at once.

The seven-member state land board voted 5-2 against the Final EIS and instructed the military to address specific issues related to weapons, unexploded ordinance and uranium inventory, completion of the greenhouse gas emission inventory, a cumulative assessment of impacts, inventory on the disposition and future disposition of ancestral remains and artifacts.

Key Provisions in Section 2864 of the document establish direction for the Department of the Army to pursue lease renewals on terms acceptable to both the State of Hawaiʻi and the Department of the Army, while also requiring critical environmental review and Congressional reporting requirements.

That direction includes:

• Pursue lease renewals with the State of Hawaiʻi for approximately 19,700 acres at Pōhakuloa Training Area and 450 acres at Kahuku Training Area on mutually acceptable terms, consistent with 10 U.S.C. § 2667.

• Resubmit a new Environmental Impact Statement within 30 days of enactment for review by the Hawaiʻi Department of Land and Natural Resources, directly responding to deficiencies previously identified by the state.

• Report to Congress, within 60 days from the National Defense Authorization Act’s enactment, the steps and proposals taken to advance lease renewals under this section.

As part of this effort, the Office of Hawaiian Homelands is actively moving forward with a comprehensive Ka Paʻakai Analysis for Pōhakuloa Training Area. The Board of Trustees has already approved a Permitted Interaction Group allocation of $60,000 to support this work, and OHA is finalizing a memorandum of understanding with the state Department of Land and Natural Resources to complete the work.

The Ka Paʻakai Analysis will help create a more complete record of the cultural, historical and community connections to these lands, providing decision makers with information necessary to evaluate potential impacts, identify appropriate protections, and fulfill their responsibilities under Hawaiʻi law.

“The strongest path forward will be one informed by a complete understanding of these lands, the communities connected to them, and the responsibilities they carry for future generations.” said Summer Sylva, interim administrator for the Office of Hawaiian Affairs.