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.R. No. 90 entitled:

begs leave to report as follows:

The purpose of this resolution is to protect the unique resources that exist in Hawaii's caves and lava tubes by requesting the Department of Land and Natural Resources (DLNR) to establish the Hawaii Caves Task Force to devise a workable statutory plan for ownership and use of Hawaii's caves.

DLNR, Hawaii Speleological Society, Hawaii Cave Grotto, and an individual offered comments.

Recently, there has been a steady increase in lava tube explorations for commercial purposes. For example, daily tours are conducted in Kaeleku Caverns in Hana, Maui. Some of these tours are advertised throughout Hawaii.

Increased usage of lava tubes raises a host of concerns and issues including property rights, access, liability, and the protection of natural as well as cultural resources that exist in these caves. However, unlike other states, Hawaii has no statute regarding cave law that could address many of these issues.

Your Committee has amended this measure by:

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.R. No. 90, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.R. No. 90, H.D. 1.