STAND. COM. REP. NO. 3240

Honolulu, Hawaii

RE:    S.C.R. No. 146

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 146 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT NIU, HONOLULU, OAHU, FOR THE USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL OF AN EXISTING CONCRETE PAD, LADDER, STEPS, AND ROCK WALLS AND FOR THE USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged lands for the use, maintenance, repair, replacement, and removal of the existing concrete pad, ladder, steps, and rock walls; and for the use, maintenance, repair, replacement, and removal of the existing improvements constructed thereon.

     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources.

     Your Committee finds that an existing concrete pad, ladder, steps, and rock walls encroach on state submerged lands fronting property identified as Tax Map Key: (1) 3-7-002: seaward of 045, Niu, Honolulu, Oahu.  Your Committee further finds that on February 14, 2014, the Board of Land and Natural Resources approved a grant of a fifty-five year non-exclusive easement to resolve the encroachments.  Your Committee understands that the Legislature's adoption of this measure will satisfy the requirement of section 171-53, Hawaii Revised Statutes, that the Legislature provide authorization by concurrent resolution prior to the leasing of state submerged lands.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 146 and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair