STAND. COM. REP. NO.  679

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1899

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 1899 entitled:

"A BILL FOR AN ACT RELATING TO KAWAI NUI MARSH,"

begs leave to report as follows:

     The purpose of this bill is to ensure the conservation of Kawai Nui Marsh, one of our state's largest remaining wetlands, which has been designated by the Ramsar Convention on Wetlands as a wetland of international significance, by transferring of ownership of lot 3 of Kawai Nui Marsh from the City and County of Honolulu to the State to take advantage of federal funds, as directed in Act 314, Session Laws of Hawaii 1990 (Act 314).

     Hawaii's Thousand Friends and Ahahui Malama I Ka Lokahi testified in support of this bill.  The Department of Facility Maintenance of the City and County of Honolulu supported the intent of this measure.  The Department of Land and Natural Resources (DLNR) supported this bill with amendments.  Windward Ahupuaa Alliance opposed this measure. 

     Upon further consideration, your Committee has amended this bill by:

(1) Reinserting the provisions of Act 314 that require that:

     (a)  The City and County of Honolulu and the United

          States Army Corps of Engineers must first complete

          all pending flood control projects for Kawai Nui

          Marsh to the satisfaction of DLNR; and

     (b) The State enter into any required operation or

          maintenance agreements with the United States Army

          Corps of Engineers at the time of the transfer;

     (2)  Deleting the appropriation; and

     (3)  Making technical, nonsubstantive amendments for style,

          clarity, and consistency.

     Your Committee requests the Committee on Finance to further review the bill to ensure that it is clear that maintenance responsibility of the flood control project is to remain with the City and County of Honolulu. 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1899, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1899, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair