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 S.C.R. No. 20 entitled:

beg leave to report as follows:

The purpose of this measure is to authorize the lease of 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 supporting this measure was received from the Department of Land and Natural Resources and Hawaii Kai Marina Community Association.

Your Committee finds that, in 1995, the Legislature appropriated funds to dredge the entrance channel to the privately-owned Hawaii Kai Marina. However, that project was delayed due to individuals contesting the project. Consequently, the Board of Land and Natural Resources issued a Decision and Order that the Hawaii Kai Marina Association, among other things, obtain an easement from the Department of Land and Natural Resources for all future dredging and maintenance of the sandbag groin. State law requires prior legislative approval of a lease of submerged lands. This measure provides the approval necessary to allow proper maintenance of the entrance channel to the Hawaii Kai Marina.

Your Committee has 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 S.C.R. No. 20, as amended herein, recommend that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 20, S.D. 1.