§6E-32  Diamond Head State Monument. (a)  There shall be a Diamond Head State Monument as a historical site on Oahuto be administered by the department of land and natural resources, and toconsist of:

(1)  All state owned lands within the state conservationland use district on the slopes of Diamond Head including the board of watersupply booster pump site (tax map key 3-1-42:05);

(2)  Those lands that the department considersessential to the unimpaired preservation of the visual and historic aspects ofDiamond Head;

(3)  Those state lands more fully described in thissection that may be best used for recreational purposes and to increase publicaccess and enjoyment of the monument; and

(4)  Kuilei Cliffs Park (tax map key 3-1-42:02 and taxmap key 3-1-38:29) and Diamond Head Park (tax map key 3-1-42:04 and tax map key3-1-37:01), which shall be administered by the city and county of Honolulu inaccordance with this section.

(b)  All state lands within and adjacent to themonument shall be returned to the department for inclusion within the monument,including, but not limited to, lands identified by tax map key numbers3-1-42:6, 8, 10, 14, 15, 16, 17, 21, 23, 24, 25, 37, and 38 and 3-1-35:22 and23.  The Na Laau Hawaii arboretum and parcels A, B, C, and D as described inExecutive Order No. 2000 dated April 9, 1962, establishing the DiamondHead State Monument, shall be included within the boundaries of the DiamondHead State Monument.

[(c)]  The Diamond Head State Monument Plan,adopted by the board of land and natural resources in November of 1979, shallserve as the official document setting forth the future direction of theDiamond Head State Monument.

The board of land and natural resources mayamend the monument plan from time to time with the review and recommendationsof the Diamond Head citizen advisory committee, organized in October of 1977.

[(d)]  Notwithstanding any other law, includingcounty ordinances, to the contrary, no expansion of buildings and otherstructures and no construction activity shall take place within the boundariesof the Diamond Head State Monument; provided that the board of land and naturalresources may permit improvement projects that are consistent with the DiamondHead State Monument Plan of 1979 to take place.

[(e)]  So much of the transfer effectedpursuant to Act 138, Laws of the Territory of Hawaii 1913, from the State tothe city and county of Honolulu, as relates to the transfer of the Honoluluwater and sewer works at the abandoned reservoir parcels identified by tax mapkey number 3-1-35:22 and 23, shall be withdrawn from the operation of Act 138. The right, title, and interest of the city and county of Honolulu relating tothe abandoned reservoir site identified by tax map key number 3-1-35:22 and 23,appurtenant to the water and sewer works, shall revert to and be vested in theState. [L 1976, c 104, pt of §2; am L 1988, c 195, §2; am L 1992, c 313, §§3 to6; am L 2001, c 258, §2]

 

Revision Note

 

  Subsections (c) to (e) added by revisor.