STAND. COM. REP. NO. 1049

Honolulu, Hawaii

RE: S.C.R. No. 11

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 11 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIMANALO, KOOLAUPOKO, OAHU, FOR THE EXISTING PIER, 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 issuance of a term, non-exclusive easement for the portion of state submerged lands identified as Tax Map Key: (1) 4-1-001:011, Waimanalo, Koolaupoko, Oahu, for the existing pier, seawall, and steps, and for the use, repair, and maintenance of 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 (BLNR) 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 at its meeting on January 13, 2017, under agenda item D-14, BLNR, subject to conditions, approved a grant of a fifty-five year non-exclusive easement to resolve the pier encroachment of seven hundred sixteen square feet. Your Committee also finds that at its meeting on April 12, 2019, under agenda item D-8, BLNR, subject to conditions, approved to amend the total encroachment area to 2,818 square feet and to add seawall and steps purposes to the non-exclusive easement approved in 2017. Your Committee concludes that the amendment of the easement is necessary for the use, repair, and maintenance of the existing pier, seawall, and steps. Following testimony and discussion, your Committee notes that this measure does not include all relevant tax map keys in the description of the submerged lands subject to the non-exclusive easement.

Your Committee has amended this measure by adding Tax Map Key (1) 4-1-001:013 where necessary to accurately reflect the subject portion of submerged lands.

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. 11, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as S.C.R. No. 11, S.D. 1.

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

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LORRAINE R. INOUYE, Chair