Report Title:

RESOLUTION

WHEREAS, the Board of Harbor Commissioners issued various licenses to Kaiser-Burns Development Corporation between 1956 and 1960 and a revocable permit in 1961 to Hilton-Hotels Corporation for the submerged lands under the pier; and

WHEREAS, on September 1, 1964, the Board of Land and Natural Resources issued Revocable Permit No. S-3528 to Hilton-Burns Hotels Company, Inc., now known as Hilton Hawaiian Village, for approximately 3,917 square feet of submerged lands for catwalk, catamaran pier, and power boat pier; and

WHEREAS, Revocable Permit No.S-3528 continues to exist today; and

WHEREAS, the pier was originally intended and used as an amenity for Hilton Hawaiian Village hotel guests from which they could enjoy catamaran rides and dinner cruises; and

WHEREAS, since the early 1990's, the pier has evolved to include multi-purpose uses by non-Hilton hotel guests,

including shuttling service to Atlantis submarine rides, which has increased the pier's usage; and

WHEREAS, the Department of Land and Natural Resources (Department) has determined that the revocable permit is no longer the appropriate disposition of the submerged public

lands underlying the pier and that a long-term general lease

is the appropriate vehicle; and

WHEREAS, the Department, in conjunction with the Department of the Attorney General, has determined that the appropriate disposition method of a general lease is public auction; and

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, before submerged public lands may be leased; and

WHEREAS, the Legislature desires to authorize the Board of Land and Natural Resources to lease certain submerged lands at Duke Kahanamoku Beach at Waikiki, Honolulu, Oahu, for pier purposes to stimulate tourist activity; and

WHEREAS, in order to sell a lease at public auction for

submerged lands, all appropriate authorizations are required;

now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2001, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to lease submerged lands at Duke Kahanamoku Beach at Waikiki, Honolulu, Oahu, for pier purposes pursuant to section 171-53, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.