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Tuesday, October 21, 2025
US Senate is laying down terms for military land use negotiations in Hawaii
By Andrew Walden @ 4:39 AM :: 187 Views :: Land Use, Military

US Senate is laying down terms for military land use negotiations in Hawaii

by Andrew Walden

The US Senate is laying down terms for military land use negotiations in Hawaii.

Approved by a vote of 77-20 on October 9, 2025, S.2296 the National Defense Authorization Act for Fiscal Year 2026 Section 2831 is titled: “AUTHORIZATION TO ACQUIRE THROUGH EXCHANGE OR LEASE CERTAIN LAND USED BY THE ARMED FORCES IN HAWAII.”

Hirono voted aye, Schatz, nay.  

S.2296 next goes to the House for approval and amendment followed by a Conference Committee to produce the final bill language.

LINK: Actions - S.2296 - 119th Congress (2025-2026): National Defense Authorization Act for Fiscal Year 2026 | Congress.gov | Library of Congress

Here is the full text of Sec 2831:

 

SEC. 2831. AUTHORIZATION TO ACQUIRE THROUGH EXCHANGE OR LEASE CERTAIN LAND USED BY THE ARMED FORCES IN HAWAII.

 

    (a) Acquisition Through Exchange.--

            (1) Exchange authorized.--The Secretary of each military

        department may acquire through exchange, upon such terms and

        conditions as the Secretary concerned determines appropriate,

        all right, title, and interest in any land, or any portion

        thereof, that is, as of the date of the enactment of this Act--

                    (A) leased by the military department concerned

                from the State of Hawaii; or

                    (B) owned by the State of Hawaii and subject to an

                easement benefitting the military department concerned.

            (2) Land for exchange.--To acquire land under paragraph

        (1), the Secretary concerned may--

                    (A) exchange right, title, and interest in land

                under the jurisdiction and control of the Secretary

                concerned, or under the jurisdiction and control of the

                Secretary of another military department with the

                consent of the Secretary concerned, located in the

                State of Hawaii; and

                    (B) convey such land and interests therein

                necessary to effect such an exchange.

            (3) Description of property.--The exact acreage and legal

        description of any land or interests in land to be exchanged

        under paragraph (1) shall be determined by a survey

        satisfactory to the Secretary concerned.

            (4) Status of land.--Land acquired through exchange by the

        Secretary concerned under paragraph (1) shall be administered

        by the Secretary concerned.

            (5) Exchange of land in excess or below equal value.--

                    (A) Exchanges in excess of equal value.--

                Notwithstanding section 2869 of title 10, United States

                Code, the fair market value of the land conveyed by the

                Secretary concerned under paragraph (2) may exceed the

                fair market value of the land acquired by the Secretary

                concerned under paragraph (1) if the Secretary

                concerned determines that it is in the public interest.

                    (B) Exchanges below equal value.--

                            (i) In general.--Subject to clause (ii), if

                        the fair market value of the land and interests

                        in land to be acquired under paragraph (1), as

                        determined by the Secretary concerned, is

                        greater than fair market value of the land and

                        interests in land to be conveyed under

                        paragraph (2), the Secretary concerned may use

                        funds made available to the Secretary concerned

                        on or after the date of the enactment of this

                        Act for military construction to provide

                        payment or in-kind consideration to the State

                        of Hawaii in the amount of the difference in

                        value.

                            (ii) Limitation on payment.--The amount of

                        any payment or in-kind consideration provided

                        under clause (i) may not exceed $2,500,000.

                            (iii) In-kind consideration.--In-kind

                        consideration provided under clause (i) may

                        include services or provision of real property

                        of the United States.

    (b) Lease.--

            (1) Lease authorized.--If the Secretary concerned

        determines that exchange under subsection (a) is not

        appropriate or in the best interests of the military department

        concerned, the Secretary concerned may lease, upon such terms

        and conditions as the Secretary concerned determines

        appropriate, any land, or any portion thereof, that is, as of

        the date of the enactment of this Act--

                    (A) leased by the military department concerned

                from the State of Hawaii; or

                    (B) owned by the State of Hawaii and subject to an

                easement benefitting the military department concerned.

            (2) Duration of lease.--A lease entered into under

        paragraph (1) may provide for a lease term of not more than 25

        years, with options that extend the term to a total period of

        not more than 50 years.

            (3) Consideration under lease.--

                    (A) Payment in excess of fair market rental

                value.--The Secretary concerned may make rental

                payments under a lease entered into under paragraph (1)

                that exceed fair market value of the land to be leased,

                as determined by the Secretary concerned, if the

                Secretary concerned determines that such payments are

                in the public interest.

                    (B) Advance payment of rent.--A lease entered into

                under paragraph (1) may authorize the payment of rent

                in advance.

                    (C) Form of payment.--

                            (i) In general.--The Secretary concerned

                        may provide for payment or in-kind

                        consideration to the State of Hawaii as

                        consideration for a lease entered into under

                        paragraph (1).

                            (ii) In-kind consideration.--In-kind

                        consideration provided under clause (i) may

                        include services or provision of real property

                        of the United States.

            (4) Source of funds for costs for early termination.--The

        costs associated with the early termination of a lease entered

        into under paragraph (1) may be paid from--

                    (A) authorizations available at the time the lease

                was executed;

                    (B) authorizations available at the time the United

                States terminates the lease; or

                    (C) any combination thereof.

    (c) Exemption From Screening Requirements.--The authority to convey

land and interests therein under this section is exempt from any

screening process required under section 2696(b) of title 10, United

States Code.

    (d) Sunset.--The authority to enter into any agreement for lease or

acquisition through exchange under this section, except for lease

extensions, shall expire on December 31, 2031.

---30---

ASD: CONGRESS WATCH: Military land acquisition in Hawai‘i OK'd

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