STAND. COM. REP. NO. 3554

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.C.R. No. 31
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred H.C.R. No. 31, H.D. 2, entitled: 

     "HOUSE CONCURRENT RESOLUTION ENCOURAGING THE STATE OF HAWAII
     TO ACQUIRE TWO PARCELS OF LAND ADJACENT TO LIMAHULI STREAM
     ON THE ISLAND OF KAUAI FOR THE PRESERVATION OF IMPORTANT
     CULTURAL RESOURCES AND THEIR INCORPORATION INTO HA'ENA STATE
     PARK,"

begs leave to report as follows:

     The purpose of this measure is to encourage the State of
Hawaii to acquire two parcels of land adjacent to Limahuli Stream
on the Island of Kauai for the preservation of important cultural
resources and their incorporation into Ha`ena State Park.

     Testimony in support of the measure was received from the
Department of Land and Natural Resources and a number of
environmental and Hawaiian cultural organizations and private
citizens.

     The representative of the owner of the land subject to the
measure testified in opposition to the measure's adoption.

     Your Committee finds that the two parcels of land adjacent
to Limahuli Stream on the Island of Kauai are worthy of
preservation because of the area's important cultural resources.
However, according to the testimony of the landowner's
representative, the landowner has been a good steward of the land

 
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and was not informed of any legislative action to condemn or
otherwise obtain the two parcels by the State.  The landowner's
representative also stated that the landowner is willing to
negotiate a conservation easement to protect the culturally and
environmentally significant sites on the property.

     Your Committee believes that a conservation easement is the
appropriate solution to this situation and should ameliorate the
concerns of the Hawaiian and environmental community without
abrogating the property rights of the landowner.  However, your
Committee also notes that if a conservation easement is not
entered into by the landowner to protect the culturally and
historically significant sites, the Department of Land and
Natural Resources should consider condemnation as an alternative.

     In light of these beliefs, your Committee has amended the
measure by recasting the title and text of the measure to more
accurately reflect the actions of the landowner and to support
the negotiation and implementation of a conservation easement on
the property at issue.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee concurs with the intent and
purpose of H.C.R. No. 31, H.D. 2, as amended herein, and
recommends that it be referred to the Committee on Ways and
Means, in the form attached hereto as H.C.R. No. 31, H.D. 2,
S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water, Land, and
                                   Hawaiian Affairs,



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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