Bill Text: HI SCR25 | 2015 | Regular Session | Amended
Bill Title: BLNR Authorization; Tidal Pool Stairs Encroachment; Pulama Lanai
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-06-16 - Certified copies of resolutions sent, 06-16-15. [SCR25 Detail]
Download: Hawaii-2015-SCR25-Amended.html
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THE SENATE |
S.C.R. NO. |
25 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM LEASE AND NON-EXCLUSIVE EASEMENT FOR THE TIDE POOL STAIRS ENCROACHMENT PURPOSES IN THE MANELE-HULOPOE MARINE LIFE CONSERVATION DISTRICT ON THE ISLAND OF LANAI.
WHEREAS, the tidepool stairs and an associated swimming hole in the Manele-Hulopoe Marine Life Conservation District on the island of Lanai were created by the International Longshore and Warehouse Union during the Lanai pineapple strike of 1951 and were reconstructed in 2006 to include a guard rail; and
WHEREAS, the stairs, which were established prior to October 1, 1964, occupy approximately 25 square feet, subject to confirmation by the Department of Accounting and General Services, seaward of parcel 002, Pulawai, Lanai, identified by Tax Map Key: (2) 4-9-17; and
WHEREAS, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources concluded, after a visit to the site, that no further permits would be required for the stairs or their 2006 repair; and
WHEREAS, the Office of Conservation and Coastal Lands concluded that:
(1) The portion of the stairs in the Conservation District qualifies as a non-conforming use which is defined to mean "the lawful use of any… premises or land …established prior to October 1, 1964" and that the repair to the stairs is exempt under section 13-5-7(e), Hawaii Administrative Rules, relating to repair or maintenance of a nonconforming structure; and
(2) The stairs were built prior to the enactment of chapter 343, Hawaii Revised Statutes, the Environmental Impact Statement law, and are therefore exempt from the chapter; and
WHEREAS, Lāna‘i Resorts, LLC, dba Pulama Lanai, agreed to a security deposit of $250,000 to be applied to any future consideration amount or other applicable charges, and has provided to the Department of Land and Natural Resources a CAD map with a metes and bounds of the leased area, prepared by a licensed surveyor; and
WHEREAS, on June 13, 2014, the Board of Land and Natural Resources approved Pulama Lanai's request for a 55-year term, non-exclusive easement for the tide pool stairs encroachment purposes; and
WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires the approval of the Governor and prior authorization of the Legislature by concurrent resolution for the leasing of state submerged lands and lands beneath tidal waters; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the House of Representatives concurring, pursuant to section 171-53, Hawaii Revised Statutes, that the Board of Land and Natural Resources is authorized to issue a term lease of fifty-five years and non-exclusive easement for approximately 25 square feet, subject to confirmation by the Department of Accounting and General Services, seaward of parcel 002, Pulawai, Lanai, identified by Tax Map Key: (2) 4-9-17 for the tide pool stairs encroachment purposes; and
BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
BLNR Authorization; Tidal Pool Stairs Encroachment; Pulama Lanai
