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



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



(2)  Those lands that the department considers
essential to the unimpaired preservation of the visual and historic aspects of
Diamond Head;



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



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



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



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



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



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



[(e)]  So much of the transfer effected
pursuant to Act 138, Laws of the Territory of Hawaii 1913, from the State to
the city and county of Honolulu, as relates to the transfer of the Honolulu
water and sewer works at the abandoned reservoir parcels identified by tax map
key 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 to
the 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 the
State. [L 1976, c 104, pt of §2; am L 1988, c 195, §2; am L 1992, c 313, §§3 to
6; am L 2001, c 258, §2]



 



Revision Note



 



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