OHA Acknowledges Senate Armed Services Committee Action on FY2027 NDAA Provisions Relating to Hawaiʻi Military Leased Lands
News release from OHA, June 19, 2026
The Office of Hawaiian Affairs (OHA) acknowledges the passage in the U.S. Senate Armed Services Committee of key provisions within the Fiscal Year 2027 National Defense Authorization Act (NDAA) that address the future of military-leased lands in Hawaiʻi, including lands at Pōhakuloa Training Area and Kahuku Training Area.
OHA recognizes the significance of Section 2864, which establishes 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.
View the Senate Armed Services Committee Report on the FY27 NDAA
Key Provisions in SEC. 2864 – Requirements Relating to Leasing of Land in Hawaiʻi
The Senate Armed Services Committee-approved language provides that the Secretary of the Army shall:
- 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 (EIS) within 30 days of enactment for review by the Hawaiʻi Department of Land and Natural Resources (DLNR), directly responding to deficiencies previously identified by the state.
- Report to Congress, within 60 days from the NDAA’s enactment, the steps and proposals taken to advance lease renewals under this section.
Alignment with OHA Position
Perhaps most encouraging is the NDAA’s clear movement away from condemnation and toward negotiated solutions. The process outlined is consistent with OHA’s 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. Senate language reflects important progress toward a more collaborative and constructive path forward.
OHA has also repeatedly emphasized the importance of addressing unresolved deficiencies in the EIS previously rejected by the Hawaiʻi Board of Land and Natural Resources (BLNR), including those identified in the May 14, 2025, correspondence from former DLNR Chair Dawn Chang to the U.S. Army.
Commitment to Ka Paʻakai Analysis and Continued Engagement
OHA continues to advance its work to ensure that Native Hawaiian customary and traditional practices, natural and cultural resources, and public trust obligations, are fully documented and considered in any land use decisions affecting public trust lands leased by the military.
As part of this effort, OHA is actively moving forward with a comprehensive Ka Paʻakai Analysis (KPA) 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 DLNR to complete the work.
The KPA 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.
OHA also notes that the NDAA contemplates the pursuit of future lease arrangements pursuant to Section 2667 of Title 10, United States Code. As discussions continue regarding potential lease terms, community benefit commitments, land-back and lease-back models, and other components of any future agreement, OHA believes those arrangements must remain consistent with Hawaiʻi’s environmental laws and public trust obligations. Any benefits derived from renewed use of these lands should reinforce the purposes of the public trust, protect traditional and customary Native Hawaiian practices, honor the history and significance of these lands, and preserve the value they were intended to provide for Native Hawaiian beneficiaries and future generations of Hawaiʻi’s people.
Washington, D.C., Engagements Inform Congressional Understanding
OHA also notes that this legislative development follows its recent high-level engagement in Washington, D.C., where OHA leadership met with members of Hawaiʻi’s Congressional Delegation, senior Senate staff, and key stakeholders.
As documented in OHA’s recent reporting on the engagement, federal leaders acknowledged OHA’s concerns regarding military leased lands and recognized its role as a co-trustee of crown and government lands leased by the U.S. military from the State of Hawaiʻi under the public trust framework and federal law as established by the Admissions Act of 1959.
Statements from OHA Leadership
Chair Kaialiʻi Kahele stated:
“The Senate Armed Services Committee’s action reflects meaningful progress in acknowledging Hawaiʻi’s unique legal and cultural context. The removal of condemnation as an option and the requirement for renewed environmental review are consistent with what OHA has long advocated – 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. The opportunity before us now is to fully embrace the responsibilities and authorities those laws entrust to us. OHA will continue to ensure Native Hawaiian rights and public trust responsibilities remain central to any future decisions.”
Interim Administrator Summer Sylva added:
“OHA appreciates the recognition by federal partners that meaningful consultation with the State of Hawaiʻi and compliance with Hawaiʻi’s environmental review requirements are essential to any discussion about the future of these lands. While the provisions do not expressly reference Native Hawaiian rights, those considerations are inseparable from the laws and processes Congress is directing the parties to follow. Hawaiʻi’s public trust and environmental review framework, including the protections afforded to traditional and customary Native Hawaiian practices, exists for precisely these moments. While there remains much work ahead, these provisions reflect a welcome willingness to respect Hawaiʻi’s laws, institutions, and decision-making processes.”
“OHA remains committed to working alongside DLNR, the Army, Congress, and state leaders to ensure that the voices of Native Hawaiians are reflected in all phases of this process, including through our ongoing Ka Paʻakai Analysis and technical engagement. 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.”
Next Steps in the Legislative Process
The FY2027 NDAA is expected to advance to the full United States Senate for consideration by the end of July 2026. OHA will continue to closely monitor the bill’s progression and engage with federal and state partners as appropriate to ensure that the final legislation preserves protections for Native Hawaiian rights, cultural resources, and public trust lands.
OHA will also continue coordination with DLNR and Congressional offices to ensure that the EIS resubmission process is substantive, responsive, and consistent with Hawaiʻi law and prior state findings.
OHA’s Ongoing Position
OHA remains committed to ensuring that any future disposition or renewal of military leases on Hawaiʻi lands:
- Protects Native Hawaiian traditional and customary rights
- Upholds public trust obligations for kingdom and crown lands
- Avoids permanent alienation of public trust resources
- Ensures meaningful state and Native Hawaiian beneficiary consultation
- Incorporates rigorous environmental review, including traditional and customary practices
OHA will continue to provide technical support, policy input, and community engagement at the state and federal levels as this process advances in Hawaiʻi and Washington, D.C.
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