(BIVN) – The U.S. Senate voted Wednesday to pass the Fiscal Year 2026 National Defense Authorization Act, which includes $1.1 billion for infrastructure projects in Hawaiʻi, and a provision on the Pōhakuloa land lease.  

The U.S. Army is currently seeking to retain its lease of State-owned land at Pōhakuloa to support continued military training on Hawaiʻi island. Hawaiʻi Governor Josh Green and United States Secretary of the Army Dan Driscoll have been sharing their ongoing negotiation, through written letters, on the public engage.hawaii.gov website. 

In his most recent letter dated December 2nd, Governor Green asked Army Secretary Driscoll to confirm that the Army reserves “the legal right to pursue eminent domain should it be necessary for national security”, and that he has “consulted with the Department of Justice regarding this potential course of action”. 

The latest defense spending bill passed by the Senate addresses this matter, according to U.S. Senator Mazie Hirono (D, Hawaiʻi), who is a senior member of the Senate Armed Services Committee and Ranking Member of the Subcommittee on Readiness and Management Support. 

The bill “does NOT provide DOD with any additional authority to condemn state late,” the office of Senator Hirono says. “Instead, the bill contains report language encouraging the Department of Defense to develop and communicate a coordinated, whole-of-government plan for Pohakuloa Training Area land lease negotiations and advancing good-faith negotiations over any condemnation.” 

“The report language affirms that the Army does not have the authority to acquire such lands and that attempting to do so would be contrary to congressional intent,” the office of the senator stated. “Furthermore, the report language calls for continued coordination with the State of Hawaii, the Senate and House Armed Services Committees, and the other Services to pursue an equitable, appropriately valued solution that meets joint training requirements before seeking any additional legislative authority.”

Location of Pōhakuloa from US Army maps found in the DLNR submittal

The bill passed the Senate by a vote of 77-20 and now heads to President Trump’s desk for his signature before it becomes law.

“Investments in DOD infrastructure, military readiness, and support for our servicemembers are all crucial to bolstering our national security,” said Senator Hirono in a news release. “This year’s NDAA makes those critical investments, including funding to facilitate the permanent closure of Red Hill, as well as over $1.1 billion to support infrastructure projects in Hawaii.”

“I am proud of the fact that this bill does not provide DOD with any additional authority to condemn state land, despite a last-minute push by the Army,” Sen. Hirono added. “Instead, it includes language encouraging the Army to fully develop and communicate its plans for the leased training lands to all stakeholders and work in good faith with the state of Hawaii and Congress going forward.”