STAND. COM. REP. NO. 1512

Honolulu, Hawaii

RE: S.C.R. No. 87

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. 87 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KUAU, HAMAKUAPOKO, MAUI, FOR THE EXISTING SEAWALL AND CONCRETE 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 Board of Land and Natural Resources to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 2-6-010:017, Kuau, Hamakuapoko, Maui, for the existing seawall and concrete steps, and for use, repair, and maintenance of the existing improvements constructed thereon.

Your Committee received written comments in support of this measure from the Department of Land and Natural Resources and Sea and Believe, LLC.

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 for the disposition of state submerged lands.

Your Committee finds that portions of the existing seawall and concrete steps fronting the property identified as Tax Map Key: (2) 2-6-010:017, Kuau, Hamakuapoko, Maui, are located on state submerged lands. Your Committee also finds that, on September 11, 2020, under agenda item D-4, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the seawall and concrete steps encroachment.

Your Committee further finds that this measure expresses the requisite legislative approval required by section 171-53, Hawaii Revised Statutes, so that an easement may be issued for those state submerged lands.

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. 87 and recommends its adoption.

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

________________________________

DONOVAN M. DELA CRUZ, Chair