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