Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Water, Land, Energy and Environment and Economic Development and Technology, to which was referred H.C.R. No. 17 entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources to lease an easement covering a portion of submerged lands at Maunalua, Oahu, Hawaii, for maintenance of the Hawaii Kai Marina entrance channel purposes pursuant to section 171-53, Hawaii Revised Statutes.

Testimony in support of this measure was received from the Department of Land and Natural Resources (DLNR), Hawaii Kai Marina Community Association, and one individual.

Your Committees find that in 1995, the Legislature appropriated funds to dredge the entrance channel to the privately-owned Hawaii Kai Marina. In 1998, the DLNR accepted a Conservation District Use Application (CDUA) from its Division of Boating and Ocean Recreation as applicant to implement this dredging project.

At the CDUA public hearing in June 1999, three oral requests were made for a contested case. The Board of Land and Natural Resources (Board) granted standing to one of the petitioners, and contested case proceedings ensued. The Board issued a Decision and Order at the conclusion of the contested case hearing requiring that the Hawaii Kai Marina Association, among other things, obtain an easement from DLNR for all future dredging and maintenance of the sandbag groin.

Your Committees have amended this measure by clarifying that the approval provided in this measure is for the lease of a non-exclusive easement of submerged lands.

As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment and Economic Development and Technology that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 17, as amended herein, and recommend its adoption in the form attached hereto as H.C.R. No. 17, S.D. 1.