Report Title:
State Monuments; Diamond Head State Park
Description:
Establishes daily public use of the Diamond Head state monument without closure or exclusive use by private interests except when repairs are needed and that revenues shall be used for educational purposes.
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THE SENATE |
S.B. NO. |
1087 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to state monuments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-32, Hawaii Revised Statutes, is amended to read as follows:
"§6E-32 Diamond Head [State Monument.] state monument. (a) There shall be a
Diamond Head [State Monument] 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] park (tax map
key 3-1-42:02 and tax map key 3-1-38:29) and Diamond Head [Park] 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,] state monument, shall be included within the
boundaries of the Diamond Head [State Monument.] state monument.
[[](c)[]] The Diamond Head [State
Monument Plan,] 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.]
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) The Diamond Head state monument interior crater park shall be for the daily enjoyment of the public without closure or exclusive use by or on behalf of private interests at any time; provided that the department may restrict public use in certain areas during repairs in the interest of public safety and during improvements in accordance with the implementation of the Diamond Head state monument plan.
(e) Any revenue generating operations or activities within the Diamond Head state monument shall be accessory and appropriate to the semi-wilderness park experience, and shall be solely for the comfort and education of the public and not commercial in nature; provided that such revenue shall be used to sustain the Diamond Head state monument for public use.
[[(d)]] (f) 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;] 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] state monument plan of 1979 to take place.
[[(e)]] (g) 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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