STAND. COM. REP. NO. 3268

Honolulu, Hawaii

RE:    S.C.R. No. 17

       S.D. 1

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. 17, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT MAKAHA, WAIANAE, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL, 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 issuance of a term, non-exclusive easement for the portion Tax Map Key: (1) 8-4-005: seaward of 002, Makaha, Waianae, Oahu, for the repair and maintenance of the existing seawall and the 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 finds that, on January 11, 2013, the Board of Land and Natural Resources approved a grant of a fifty-five year non-exclusive easement to resolve the encroachment of the existing seawall identified in this measure, subject to certain conditions, and that the grantee is required to pay the State $7,351 as consideration for the use of public lands.  Your Committee further finds that the Board of Land and Natural Resources may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution, pursuant to section 171-53, Hawaii Revised Statutes.  Your Committee also finds that the easement is necessary to resolve the encroachment and to authorize and facilitate the use, repair, and maintenance of the seawall 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. 17, S.D. 1, and recommends its adoption.

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

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JILL N. TOKUDA, Chair