STAND. COM. REP. NO. 3239

Honolulu, Hawaii

RE:    S.C.R. No. 23

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. 23 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF TWO (2) TERM, NON-EXCLUSIVE EASEMENTS COVERING PORTION OF STATE SUBMERGED LANDS AT MOKULEIA, WAIALUA, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND ROCK PILE, AND FOR USE, MAINTENANCE, AND REPAIR 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 two term, non-exclusive easements for existing seawall and rock piles that were placed on state submerged lands at Mokuleia, Waialua, Oahu for the maintenance and repair of the seawall and rock pile, and for the use, maintenance, and repair of the existing improvements thereon.

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

     Your Committee finds that the current owners of abutting property have worked with the Department of Land and Natural Resources to resolve the encroachment of the seawall and rock pile on the state submerged lands fronting the property in Mokuleia, Waialua, Oahu.  Your Committee further finds that the easements are necessary to ensure the proper maintenance and repair of the existing seawall and rock pile.

Section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for the disposition of state submerged lands.  Accordingly, your Committee finds that this concurrent resolution is in compliance with the statutory requirements.

     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. 23 and recommends its adoption.

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

____________________________

DAVID Y. IGE, Chair