STAND. COM. REP. NO. 1699

Honolulu, Hawaii

RE:    H.C.R. No. 34

       H.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.C.R. No. 34, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIMANALO, KOOLAUPOKO, OAHU, FOR THE USE, MAINTENANCE, AND REPAIR OF THE EXISTING SEAWALL AND STEPS,"

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 Number (1)4-1-002:007, Waimanalo, Koolaupoko, Oahu, for the use, maintenance, and repair of a seawall and steps.

     Your Committee finds 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 also finds that the seawall at issue was constructed prior to the establishment of the Conservation District in 1964.  The seawall appears to have been constructed during the 1930s, as supported by Map 1 of Land Court Application 977 and a letter dated January 23, 1931, by the Chairperson of the Board of Harbor Commissioners, approving a request by the owner's predecessor-in-interest to construct a concrete facing to the present seawall.

Your Committee further finds that on November 14, 2014, under agenda item D-21, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments.

     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 H.C.R. No. 34, H.D. 1, and recommends its adoption.

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

________________________________

JILL N. TOKUDA, Chair