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 Transportation, Military Affairs and Government Operations, to which was referred H.C.R. No. 21 entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the Board of Land and Natural Resources (Board) to lease an easement covering a portion of submerged lands at Maunalua, Oahu, for maintenance of breakwater purposes.

Testimony in support of this measure was received from the Department of Land and Natural Resources.

Your Committees find that in the 1960s, Henry J. Kaiser constructed a private marina on fast and submerged lands in Hawaii Kai, including a breakwater and dredged channels constructed on state submerged lands. In March 2000, the Kaiser property was sold, and because the breakwater has deteriorated over the years, the new owner submitted a request to DLNR to repair the breakwater and dredge the harbor and channel.

After the Department of the Attorney General determined that repair or use of the breakwater could not be made without the State's permission, an agreement was reached to issue a non-exclusive easement for the repair of the breakwater. In 2001, the Board approved issuance of a term, non-exclusive easement.

Your Committees support this concurrent resolution to allow for the direct lease of the easement for submerged lands as required under Section 171-53, Hawaii Revised Statutes.

As affirmed by the records of votes of the members of your Committees on Water, Land, Energy and Environment and Transportation, Military Affairs and Government Operations that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 21, and recommends its adoption.