STAND. COM. REP. NO. 1504

Honolulu, Hawaii

RE: S.C.R. No. 113

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.C.R. No. 113, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAPAA, KAWAIHAU, KAUAI, FOR THE CONSTRUCTION, MAINTENANCE, AND REPAIR OF A TEMPORARY SAND GROIN TO SHELTER KUHIO BEACH FROM NEARSHORE CURRENTS AND SLOW LITTORAL DRIFT,"

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 certain portion of state submerged lands in Kapaa, Kauai.

Your Committee received written comments in support of this measure from the Department of Land and Natural Resources; Oceanit Laboratories, Inc.; and two individuals.

Your Committee notes that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands.

Your Committee finds that authorizing the Board of Land and Natural Resources to grant an easement for the portion of state submerged lands fronting the property identified as Tax Map Key: (4) 4-3-009: seaward of 041 will allow for the construction of a sandbag groin to hinder the littoral drift occurring at, and continued erosion of, Kuhio beach in Kapaa, Kauai.

Your Committee has amended this measure by:

(1) Correcting references to "Tax Map Key: (4) 4-3-009: seaward of 50" and "Tax Map Key: (4) 4-3-009:50" to read "Tax Map Key: (4) 4-3-009: seaward of 41" and "Tax Map Key: (4)4-3-009:041", respectively; and

(2) Inserting an account of the action taken by the Board of Land and Natural Resources at the March 25, 2021, meeting to approve the issuance of a revocable permit for the subject area.

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. 113, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 113, S.D. 2.

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

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DONOVAN M. DELA CRUZ, Chair