STAND. COM. REP. NO. 3190

Honolulu, Hawaii

RE:    S.C.R. No. 16

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 16 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND STEPS, AND FOR USE, REPAIR, AND MAINTENANCE 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 fronting the property identified as Tax Map Key: (1) 3-6-001: seaward of 042, Waikiki, Honolulu, Oahu, for the maintenance and repair of the existing seawall and steps, and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes.

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

     Your Committee notes that on April 10, 2015, the Board of Land and Natural Resources approved a grant of a fifty-five year non-exclusive easement to resolve the encroachments of the existing seawall and steps identified in this measure, subject to certain conditions.  Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution before the Board of Land and Natural Resources may lease submerged lands, and that the proposed easement is subject to this statutory requirement.  Your Committee believes that the easement is necessary for the use, repair, and maintenance of the existing seawall and steps and improvements constructed thereon.

     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. 16 and recommends its adoption.

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

________________________________

JILL N. TOKUDA, Chair