STAND. COM. REP. NO. 3232

Honolulu, Hawaii

RE: S.C.R. No. 3

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 3 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAILUPE, HONOLULU, OAHU, FOR THE EXISTING SEAWALL, 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 amendment of a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as tax map key: (1) 3-6-003:015, Wailupe, Honolulu, Oahu, for the existing seawall, 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 August 28, 2020, under agenda item D-10, the Board of Land and Natural Resources, subject to conditions, approved an amendment to the original non-exclusive easement to resolve the additional seawall encroachment identified in this measure.

Your Committee has also heard the concerns from the Department of Land and Natural Resources regarding the easement areas for submerged and reclaimed lands. This measure, as drafted, may not fully clarify the respective easement areas for submerged and reclaimed lands referenced in this measure. To address the concerns of the Department of Land and Natural Resources, your Committee concludes that clarifying the measure to address submerged and reclaimed lands will conform to the state of the lands and affected seawall.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 3, 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. 3, 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