Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred H.C.R. No. 11 entitled:

begs leave to report as follows:

The purpose of this resolution is to obtain the prior approval of the Legislature to permit the sale of a lease, at public auction, of submerged lands located at Duke Kahanamoku Beach at Waikiki for pier purposes.

Your Committee received testimony in support of this resolution from the Board of Land and Natural Resources and a citizen recreational boater.

Your Committee received testimony in opposition to this measure from Hawaii's Thousand Friends that expressed the concern that the lease of the submerged lands and pier should not exclude use by the public. It urged that the lease contain provisions also allowing the general public use of the pier and submerged lands.

Your Committee finds that the pier has evolved to include multi-purpose uses that were not originally intended when the revocable permit was issued. These current uses have added value to the lease and your Committee finds that the submerged lands and pier should be disposed of, as provided by law, on a long-term basis.

Your Committee received testimony that income from the revocable permit, pertaining to the submerged lands and Duke Kahanamoku Beach, is deposited to the land division special fund. And, that the boating special fund is charged with the expense of caring for the waterfront area and the law enforcement in that area, but is not reimbursed from the land division special fund receiving the lease income. After full consideration, your Committee is satisfied that the land division special fund is the appropriate fund to receive the lease income, rather than the boating special fund; and that prior legislative approval be granted for the sale of a lease, at public auction, of the subject submerged lands.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 11 and recommends that it be referred to the Committee on Finance.