AMEND THE HAWAIIAN HOMES COMMISSION ACT, 1920

JUNE 29, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. DEMPSEY, from the Committee on the Territories, submitted the following

REPORT

[To accompany H. R. 7374]

The Committee on the Territories, to whom was referred the bill (H. R. 7374) to amend the Hawaiian Homes Commission Act of 1920, having considered the same, report it to the House with the recommendation that the bill do pass with the following amendments:

On page 1, line 11, strike out the word "Puuhi" and insert in lieu thereof the following: "Pauahi (seven hundred and fifty acres, more or less), in the district of South".

On page 18, line 4, strike out the word "five" and insert in lieu thereof the following: "one nor more than five".

On page 22, change line 18 to read as follows: "contained in the lease, except that said guardian may not be a native Hawaiian as defined in Section 201 of this title."

The purpose of this bill is to make various changes in the Hawaiian Homes Commission Act of 1920. The amendments are the result of nearly 2 years of study and discussions of the Hawaiian Homes project as in operation under existing law by the recently reorganized Hawaiian Homes Commission, and a hold-over committee of the Legislature of Hawaii, and was adopted by the legislature at its regular biennial session in 1937 and approved by the Governor.

Under the terms of the proposed amendments to section 203, as enumerated in H. R. 7374, two small parcels of publicly owned lands totaling 16.47 acres at Keaukaha, Hawaii, adjacent to an existing house lot project will be added to the jurisdiction of the Commission to supplement this project; two other small parcels of publicly owned land of a total of 32.556 acres adjacent to another house lot subsistence project near Honolulu will be placed under the jurisdiction of the Commission in order to simplify a proposed subdivision into residence lots for the extension of the existing project; and the remaining amendments to this section consist of a redescription of land already under

the control of the Hawaiian Homes Commission but not previously described by metes and bounds.

The amendment to section 204 (2) provides that the withdrawal period of 5 years after notification by the Hawaiian Homes Commission of leases of available lands by the Commissioner of Public Lands shall be modified in future leases to permit of withdrawal notices of not less than 1 year, which the committee proposes to amend to permit of withdrawal notices of not less than 1 nor more than 5 years.

Amendments to section 207 reduce the areas of agricultural lands which the Hawaiian Homes Commission may lease to the beneficiaries of this act, and permits greater flexibility in the size of residence lots so leased, to give the Commission wider discretion in such leases; and authorize the Commission to grant easements for public utilities for terms not to exceed 21 years.

Amendments to section 208 provide the method of handling liens on leases made by the Commission and authorize the Commission to advance taxes due by the homesteaders.

Amendments to section 209 prescribe a clear-cut policy concerning the succession of the interests of deceased homesteaders in their leaseholds which has not heretofore been done.

Amendments to section 215 prescribe the amount of the loans that may be made to homesteaders, how additional advances may be handled, reduce the rate of interest from 5 percent per annum to 3 percent per annum, and provide for the transfer of the lien in case of a transfer of the lease.

Amendments to section 216 cover the method of the enforcement of any lien by the Commission together with a provision for the protection of the equity of the homesteaders.

Amendments to section 220 authorize the Commission to undertake and carry on activities having to do with the economic and social welfare of the homesteaders in addition to those now authorized; and authorizes the Legislature of the Territory of Hawaii to appropriate out of the Treasury of the Territory, such funds as may be required to carry on the Commission's administration and maintenance activities and to accumulate a revolving fund of $1,000,000.

None of these amendments provide for any change in the fundamental policy of the Hawaiian Homes Commission Act of 1920, but are recommendations of all those interested in the success of this project. The rehabilitation of the Hawaiian people under the Commission has been marked success and these amendments will provide the legislative authority for the Commission to carry out its functions with greater facility.

It should be noted that this bill, if enacted into law, entails no expense whatever on the part of the Federal Government, and it has the approval of the Department of the Interior.

Changes in existing law made by the bill are shown as follows: Existing law proposed to be omitted is enclosed in black brackets; new matter is printed in italics; and existing law in which no change is proposed is shown in roman.

SECTION 203. HAWAIIAN HOMES COMMISSION ACT, 1920 (42 Stat. 109)

(1) On the Island of Hawaii: Kamaoa-Puueo (eleven thousand acres, more or less), in the district of Kau; Puukapu (twelve thousand acres, more or less), Kawaihae 1 (ten thousand acres, more or less), and Pauahi (seven hundred and fifty acres, more or less), in the district of South Kohala; Kamoku-Kapulena

(five thousand acres, more or less), Waimanu (two hundred acres, more or less), and Nienie (seven thousand three hundred and fifty acres, more or less), in the district of Hamakua; fifty-three thousand acres to be selected by the commission from the lands of Humuula Mauka, in the district of North Hilo; Panaewa, Waiakea (two thousand acres, more or less), Waiakea-kai, or Keaukaha (two thousand acres, more or less), and two thousand acres of agricultural lands to be selected by the commission from the lands of Piihonua, in the district of South Hilo; and two thousand acres to be selected by the commission from the lands of Kaohe-Makuu, in the district of Puna; land at Keaukaha, Hawaii, more particularly described as follows:

Parcel I

Now set aside as Keaukaha Beach Park by Executive Order Numbered 421, and being a portion of the Government land of Waiakea, South Hilo, Hawaii. Beginning at the southeast corner of this parcel of land, on the north side of Kalanianaole Road, the coordinates of said point of beginning referred to Government survey triangulation station “Halai” being five thousand six hundred and eighty-one and twelve one-hundredths feet north and seventeen thousand nine hundred and thirty-three and fifteen one-hundredths feet east, as shown on Government Survey Registered Map Numbered 2704, and running by true azimuths.

1. Sixty-one degrees fifty-eight minutes one thousand three hundred and fifty-one and seventy-three one-hundredths feet along the north side of Kalanianaole Road (fifty feet wide);

2. One hundred and fifty-one degrees fifty-eight minutes eight hundred and forty feet along United States military reservation for river and harbor improvements (Executive Order Numbered 176);

Thence along the seashore at high-water mark, the direct azimuths and distances between points at seashore being:

3. Two hundred and eighty-two degrees no minutes four hundred and sixtyeight and fifty one-hundredths feet;

4. Three hundred and thirteen degrees twenty minutes four hundred and forty-one feet;

5. Two hundred and sixty degrees twenty minutes one hundred and forty feet; 6. Two hundred and forty-two degrees twenty minutes two hundred and fifty feet;

7. One hundred and eight-eight degrees forty minutes sixty feet;

8. Two hundred and seventy-two degrees twenty minutes one hundred and seventy feet;

9. Two hundred and five degrees no minutes sixty feet;

10. One hundred and ten degrees twenty minutes two hundred and twenty feet;

11. Ninety degrees fifty minutes eighty feet;

12. One hundred and sixty-two degrees no minutes one hundred and seventy feet;

13. Two hundred and fifty degrees thirty minutes four hundred and thirty feet; 14. Three hundred and thirty-one degrees fifty-eight minutes three hundred and eighty feet along parcel II of Government land to the point of beginning and containing an area of eleven and twenty one-hundredths acres, more or less.

Parcel II

Being a portion of the Government land of Waiakea, South Hilo, Hawaii, and located on the north side of Kalanianaole Road and adjoining parcel I, hereinbefore described.

Beginning at the south corner of this parcel of land, on the north side of Kalanianaole Road, the coordinates of said point of beginning referred to Government survey triangulation station "Halai", being five thousand six hundred and eightyone and twelve one-hundredths feet north and seventeen thousand nine hundred and thirty-three and fifteen one-hundredths feet east and running by true azimuths:

1. One hundred and fifty-one degrees fifty-six minutes three hundred and eighty feet along the east boundary of parcel I;

2. Two hundred and twenty-nine degrees forty-five minutes thirty seconds one hundred and ninety-one and one one-hundredth feet;

3. One hundred and ninety-eight degrees no minutes two hundred and thirty feet to a one-and-one-half-inch pipe set in concrete;

4. Three hundred and seven degrees thirty-eight minutes five hundred and sixty-two and twenty-one one-hundredths feet to a one-and-one-half-inch pipe set in concrete;

5. Twenty-eight degrees no minutes one hundred and twenty-one and thirtyseven one-hundredths feet to the north side of Kalanianaole Road;

6. Sixty-one degrees fifty-eight minutes four hundred and eighty-three and twenty-two one-hundredths feet along the north side of Kalanianaole Road to the point of beginning and containing an area of five and twenty-six one-hundredths acres, more or less.

(4) On the island of Oahu: Nanakuli (three thousand acres, more or less), and Lualualei (two thousand acres, more or less), in the District of Waianae; and Waimanalo (four thousand acres, more or less), in the District of Koolaupoko, excepting therefrom the military reservation and the beach lands; and those certain portions of the lands of Auwaiolimu, [and] Kewalo and Kalawahine described by metes and bounds as follows, to wit:

(I) Portion of the Government land at Auwaiolimu, Punchbowl Hill, Honolulu, Oahu, described as follows: Beginning at a pipe at the southeast corner of this tract of land, on the boundary between the lands of Kewalo and Auwailiolimu, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being one thousand one hundred and thirty-five and nine-tenths feet north and two thousand five hundred and fifty-seven and eight-tenths feet east as shown on Government survey registered map numbered 2692, and running [sic] by true azimuth:

(1) One hundred and sixty-three degrees thirty-one minutes two hundred and thirty-eight and eight-tenths feet along the east side of the Punchbowl-Makiki Road;

(2) Ninety-four degrees eight minutes one hundred and twenty-four and ninetenths feet across Tantalus Drive and along the east side of Puuowaina Drive; (3) One hundred and thirty-one degrees thirteen minutes two hundred and thirty-two and five-tenths feet along a twenty-five foot roadway;

(4) One hundred and thirty-nine degrees fifty-five minutes twenty and fivetenths feet along same;

(5) One hundred and sixty-eight degrees seventeen minutes two hundred and fifty-seven and eight-tenths feet along Government land (old quarry lot);

(6) One hundred and fifty-six degrees thirty minutes three hundred and thirtythree feet long [six] same to a pipe;

(7) Thence following the old Auwaiolimu stone wall along L. C. Award numbered 3145, to Laenui, grant numbered 5147 (lot 8 to C. W. Booth), L. C. Award numbered 1375 to Kapule, and L. C. Award numbered 1355 to Kekuanoni, the direct azimuth and distance being two hundred and forty-nine degrees forty-one minutes one thousand three hundred and three and five-tenths feet;

(8) Three hundred and twenty-one degrees twelve minutes six hundred and ninety-three feet along the remainder of the land of Auwaiolimu;

(9) Fifty-one degrees twelve minutes one thousand four hundred feet along the land [at] of Kewalo to the point of beginning; containing an area of twenty-seven acres; excepting and reserving therefrom Tantalus Drive [,] and Auwaiolimu street crossing this land;

(II) Portion of the land of Kewalo, Punchbowl Hill, Honolulu, Oahu, being part of the lands set aside for the use of the Hawaii Experiment Station of the United States Department of Agriculture by proclamation of the Acting Governor of Hawaii, dated June 10, 1901, and described as follows: Beginning at the northeast corner of this lot, at a place called "Puu Ea" on the boundary between the lands of Kewalo and Auwaiolimu, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl", being three thousand two hundred and fifty-five and six-tenths feet north and five thousand two hundred and forty-four and seven-tenths feet east as shown on Government survey registered map numbered 2692 of the Territory of Hawaii, and running by true azimuths.

(1) Three hundred and fifty-four degrees thirty minutes nine hundred and thirty feet along the remainder of the land of Kewalo, to the middle of the stream which divides the lands of Kewalo and Kalawahine;

(2) Thence down the middle of said stream along the land of Kalawahine, the direct azimuth and distance being forty-nine degrees sixteen minutes one thousand five hundred and twelve and five-tenths feet;

(3) One hundred and forty-one degrees twelve minutes eight hundred and sixty feet along the remainder of the land of Kewalo;

(4) Two hundred and thirty-one degrees twelve minutes five hundred and fiftytwo and six-tenths feet along the land of Auwaiolimu to Puu Iole;

(5) Thence still along the said land of Auwaiolimu following the top of the ridge to the point of beginning, the direct azimuth and distance being two hundred and thirty-two degrees twenty-six minutes one thousand four hundred and seventy feet, containing an area of thirty acres; excepting and reserving therefrom Tantalus Drive, crossing this land.

(III) [Together with that portion of the land of Kalawahine (twenty-five acres, more or less), makai of Tantalus Drive, and lying between the portion of the land of Kewalo above described and the so-called "Kawalahine lots", in the District of Honolulu.]

(III) Portion of the land of Kalawahine situate mauka or northeast of Roosevelt High School, Honolulu, Oahu.

Being portion of L. C. award 11215, Apana 2, to Keliiahonui conveyed by W. M. Giffard to the Territory of Hawaii by deed dated February 1, 1907, and recorded in Liber 291, page 1.

(Being portion of the lands set aside for the Hawaiian Homes Commission by the Seventy-third Congress by Act Numbered 227, approved May 16, 1934.) Beginning at the south corner of this parcel of land and near the east corner of Roosevelt High School lot, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl", being twenty-five and two one-hundredths feet south and four thousand one hundred and seventeen and thirty-nine one-hundredths feet east as shown on Government survey registered map numbered 2985 and running by azimuths measured clockwise from true south:

1. One hundred and twenty-eight degrees fifty-four minutes seven hundred and six and thirteen one-hundredths feet along Roosevelt High School lot, and passing over a pipe at six hundred and eighty-four and thirteen one-hundredths feet;

2. Thence up along the middle of stream in all its turns and windings along the land of Kewalo-uka to the south corner of Hawaiian Home land (Presidential Executive Order Numbered 5561), the direct azimuth and distance being two hundred and thirteen degrees forty-eight minutes forty seconds one thousand one hundred and twelve and twenty one-hundredths feet;

3. Thence continuing up along the middle of stream in all its turns and windings along the land of Kewalo-uka (Presidential Executive Order Numbered 5561), to the south side of Tantalus Drive realinement, the direct azimuth and distance being two hundred and twenty-eight degrees twenty-nine minutes ten seconds one thousand three hundred and ninety-one feet;

4. Thence on a curve to the right with a radius of one hundred and twenty and seventy-eight one-hundredths feet along the southerly side of Tantalus Drive realinement (sixty feet wide), the direct azimuth and distance being three hundred and fifty-eight degrees twenty-one minutes one hundred and ninety-three and eighty one-hundredths feet;

5. Fifty-one degrees forty-two minutes one hundred and ninety-three and thirtyfive one-hundredths feet along the southerly side of Tantalus Drive realinement; 6. Thence on a curve to the left with a radius of three hundred and thirty feet, along same, the direct azimuth and distance being twenty-five degrees twentythree minutes ten seconds two hundred and ninety-two and fifty-eight onehundredths feet;

7. Twenty-two degrees fifty-three minutes two hundred and ninety-one and ninety-three one-hundredths feet along the southerly side of Tantalus Drive realinement and along the west side of Kalawahine Slope lots;

8. Thence on a curve to the left with a radius of three hundred and five and sixty one-hundredths feet along the west side of the Kalawahine Slope lots, the direct azimuth and distance being six degrees twenty-one minutes thirty seconds one hundred and seventy-three and eighty-five one-hundredths feet;

9. Three hundred and forty-nine degrees fifty minutes forty-seven feet along the west side of the Kalawahine Slope lots;

10. Thence on a curve to the right with a radius of five hundred and twenty feet along same and along Territorial land, the direct azimuth and distance being seventeen degrees thirty-one minutes four hundred and eighty-three and eighteen one-hundredths feet;

11. Three hundred and fifteen degrees twelve minutes seventy-five feet along Territorial land;

12. Forty-five degrees twelve minutes six hundred and eleven and two onehundredths feet along the northwest side of a twenty-foot road reserve;

13. Thirty-four degrees four minutes thirty seconds three hundred and thirtysix and ninety-six one-hundredths feet along same to the point of beginning and containing an area of thirty-one and sixty one-hundredths acres.