STAND. COM. REP. NO.1477

Honolulu, Hawaii

, 2001

RE: S.C.R. No. 85

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Water and Land Use, to which was referred S.C.R. No. 85 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ESTABLISH A TASK FORCE TO GATHER PUBLIC INPUT AND RECOMMEND STATUTORY CAVE LAW,"

begs leave to report as follows:

The purpose of this concurrent resolution is to protect the unique resources that exist in Hawaii's caves and lava tubes by requesting the Department of Land and Natural Resources (DLNR) to establish the Hawaii Caves Task Force (Task Force) to devise a workable statutory plan for ownership and use of Hawaii's caves.

DLNR testified in support of this measure, provided that the Legislature fully funds DLNR's budget request for LNR802.

Recently, there has been a steady increase in lava tube explorations for commercial purposes. For example, daily tours are conducted in Kaeleku Caverns in Hana, Maui. Some of these tours are advertised throughout Hawaii.

Increased usage of lava tubes raises a host of concerns and issues including property rights, access, liability, and the protection of natural as well as cultural resources that exist in these caves. However, unlike other states, Hawaii has no statute regarding cave law that could address many of these issues.

Your Committee has amended this measure by:

(1) Specifying that the membership of the Task Force not

be limited to the parties listed;

(2) Providing for a broader representation on the Task

Force from environmental organizations instead of a

DLNR environmentalist;

(3) Specifying that the Task Force include representation

from the burial councils instead of one member from

each island's burial council; and

(4) Making technical, nonsubstantive amendments for

purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Water and Land Use that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 85, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 85, H.D. 1.

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

____________________________

EZRA KANOHO, Chair