STAND. COM. REP. NO. 3818

Honolulu, Hawaii

RE: S.C.R. No. 141

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 141 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS FOR A RUBBLE ROCK REVETMENT, ROCK WALL, AND TWO CONCRETE STAIRWAYS, AND FOR 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 authorize the issuance of a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 3-9-005: seaward of 001, Kamaole Beach lots, Kamaole, Kula, Maui, for the use, maintenance, repair, replacement, and removal of the existing rock revetment and two concrete stairways 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 prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution. Your Committee further finds that on March 10, 2011, under agenda item D-4, the Board of Land and Natural Resources approved the issuance of a fifty-five-year term, non-exclusive easement to resolve the encroachments of the existing rock revetment, rock wall, and two concrete stairways identified in this measure. Your Committee notes that the grantee has paid the State the fair market value of the easement. Your Committee concludes that the easement is necessary for the use, maintenance, repair, replacement and removal of the existing rock revetment and concrete stairways.

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. 141 and recommends its adoption.

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

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KAIALI'I KAHELE, Chair