STAND. COM. REP. NO. 1601

Honolulu, Hawaii

RE: S.C.R. No. 164

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 164 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT SPRECKELSVILLE, WAILUKU, MAUI, FOR THE EXISTING SEAWALL AND BOULDER REVETMENT 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 amend a term, non-exclusive easement covering a portion of state submerged lands located seaward of Spreckelsville, Wailuku, Maui, and identified as Tax Map Key: (2) 3-8-002:seaward of 001 for the existing seawall and boulder revetment and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171‑53, Hawaii Revised Statutes.

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

Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, 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. Your Committee further finds that on September 22, 2017, under agenda item D-7, as subsequently authorized by S.C.R. No. 80, S.D. 1, Regular Session of 2018, the Board of Land and Natural Resources approved a grant of a fifty-five-year term, non-exclusive easement to resolve the encroachments of the seawall identified in this measure. At a meeting on December 14, 2018, under agenda item D-12, the Board of Land and Natural Resources amended the September 22, 2017, action to match the area determined by the Department of Accounting and General Services' Survey Division final easement map. Your Committee notes that the grantee will be required to pay the State the fair market value of the easement. Your Committee concludes that the easement is necessary for the maintenance and repair of the existing seawall and boulder revetment, and for the use, repair, and maintenance of the existing improvements thereon.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 164 and recommends that it be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

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KAIALI'I KAHELE, Chair