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 recommitted H.C.R. No. 17, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources to lease a non-exclusive 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.

Your Committees have reconsidered their previous decision to amend the measure by adding the term "non-exclusive" throughout the measure, including its title, to clarify that the approval was for a non-exclusive easement.

Your Committees note that the minutes for the July 13, 2001, meeting of the Board of Land and Natural Resources, Item D-26, refer to the unanimous approval of "the issuance of a perpetual, non-exclusive easement to Hawaii Kai Marina Community Association for maintenance purposes, subject to terms and conditions." Since the Board is bound by the "non-exclusive" terminology, including it in this measure, as proposed in the S.D. 1 version, is unnecessary.

Accordingly, your Committees have decided to pass this measure unamended, thereby expunging the S.D. 1 version.

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, and recommends its adoption.