STAND. COM. REP. NO. 1515

Honolulu, Hawaii

RE: S.C.R. No. 154

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred S.C.R. No. 154 entitled:

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, OAHU, FOR THE EXISTING SEAWALL FOOTING, SEAWALL WALKWAY, AND SWIM-STEP LADDER, 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 covering a portion of state submerged lands identified as: Tax Map Key: (1) 3-1-032:006, Waikiki, Honolulu, Oahu, for the existing seawall footing, seawall walkway, and swim-step ladder, and for use, repair, and maintenance of the existing improvements constructed thereon.

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 September 9, 2010, under agenda item J-3, the Board of Land and Natural Resources, subject to conditions, approved a grant of a term, non-exclusive easement to resolve the encroachment of the seawall footing and seawall walkway and for the construction of a swim-step ladder to provide ocean access on the makai side of the property. On September 15, 2011, the Division of Boating and Ocean Recreation provided a right-of-entry permit to enter into and occupy, construct, use, maintain, and repair portions of two hundred twenty square feet of state-owned land. On February 10, 2017, the Division provided a second right-of-entry permit for the maintenance and repair of the seawall walkway. Your Committee finds that the easement is necessary for the use, repair, and maintenance of the existing improvements.

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. 154 and recommends its adoption.

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

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LORRAINE R. INOUYE, Chair