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772. Amend act rel. to constant frequency monitoring radio station.
• Corrected print
• Corrected print
• Corrected print
PRIVATE RIGHTS OF FISHERY, PEARL HARBOR, HAWAII
JANUARY 24, 1930.-Referred to the House Calendar and ordered to be printed
Mr. Houston of Hawaii, from the Committee on the Territories,
submitted the following
(To accompany H. R. 8294)
The Committee on the Territories, to which was referred the bill H. R. 8294, after hearing and consideration, reports the same favorably with an amendment, and recommends that the bill as amended
The amendment is as follows: Page 3, line 3, insert after the period the following: "Provided, That the Secretary of the Navy is authorized to permit fishing within the area hereunder acquired, by citizens of the United States and its possessions, under such regulations and restrictions as he may prescribe."
This is a bill drafted upon the recommendation of the Secretary of the Navy made to the Speaker in the following letter:
DEPARTMENT OF THE Navy,
OFFICE OF THE SECRETARY,
Washington, December 31, 1929. The SPEAKER OF THE HOUSE OF REPRESENTATIVES,
Washington, D. C. MY DEAR MR. SPEAKER: I have the honor to transmit herewith a proposed draft of a bill to amend the act of June 28, 1921 (42 Stat., 67, 68), in order to authorize the Secretary of the Navy to acquire, on behalf of the United States, all privately owned fishing rights in Pearl Harbor, Hawaii, and in and about the entrance channel thereto.
The provisions of the said act of June 28, 1921, were limited in scope and intended to authorize the acquisition of these fishing rights only up to certain given points. The description as to the given points and the area in and about the entrance channel is vague and indefinite as to the boundaries contemplated. The purpose of the proposed bill is to authorize the acquisition of all fishing rights in Pearl Harbor and within a certain fixed area in and about the entrance channel, thus discarding the indefinite description carried in said act of June 28, 1921.
On January 17, 1922, the Secretary of the Navy requested the Attorney General to institute condemnation proceedings in accordance with the provisions of said act of June 28, 1921, for the acquisition of the privately owned fishing rights therein mentioned. By the deficiency appropriation act of December 5, 1924, (43 Stat., 690), an appropriation of $5,000 was made for necessary costs and expenses of such condemnation proceedings. Practically all of this sum was expended for abstracts of title. A further sum of $20,000 was appropriated for such purposes in the naval appropriation act of May 21, 1928 (45 Stat., 636).
The United States attorney for the District of Hawaii advises that the time required to complete the condemnation of all such fishing rights would be two and possibly four years, there being about 7,000 defendants and that the total cost would be about $270,000, including the cost of awards, abstracts of title, publication, and sufficient counsel fees.
On further consideration of this subject matter, especially in the light of the anticipated changed conditions due to projected docking facilities to be built in the West Loch
in connection with ammunition storage, the Navy Department is strongly of the opinion that it is absolutely essential to acquire on behalf of the United States all privately owned rights of fishery in Pearl Harbor, Hawaii, and in and about the entrance thereto, as set forth, in the proposed bill.
The draft of proposed 'bill was referred to the Bureau of the Budget with the above information. Under date of December 13, 1929, the Director of the Bureau of the Budget informed the Navy Department that, so far as the financial program of the President is concerned, there is no objection to this proposed legislation.
In view of the foregoing, the Navy Department recommends that the proposed legislation be enacted. Sincerely yours,
C. F. ADAMS, Secretary of the Navy. Also letter from the representative of the Navy Department at the hearings relative to the amendment:
JANUARY 20, 1930. For Mr. Houston: The proviso written near the end of the bill H. R. 8294, which you contemplate proposing to the committee, will be acceptable to the Navy Department.
W. H. ALLEN,
Captain, United States Navy. The necessity for the amendment is shown in the Secretary's letter, being principally due to the changed naval plans for Peari Harbor, whereby it has become necessary to use West Loch in connection with an ammunition shipping depot, to be there constructed, which, in turn, is necessitated by reason of the removal of the present ammunition depot from the near proximity to the navy yard.
The committee amendment which was adopted is for the purpose of assuring that after the condemnation proceedings have been completed, that fishing will be permitted within the area, under regulation, instead of being completely forbidden.
In compliance with the rule there follows a statement of the law, showing the language omitted in brackets and the new language in italics:
Be it enacted by the Senate and House of Representatives of the United States of America in Congrcss assembled, That the Secretary of the Navy is hereby authorized to examine and appraise the value of [the] all privately owned rights of fishery in Pearl Harbor, island of Oahu, Territory of Hawaii (from an imaginary line from Kaak Point to Beckoning Point, both within said harbor, to the seaward, and the privately owned rights of fishery] lying between extreme highwater mark and the sea and in and about the entrance channel to said harbor, within an area extending along the ocean shore to the westward about four thousand five hundred feet from Keahi Point to a line in continuation of the westerly boundary of the Puuloa naval reservation and extending along the ocean shore to the eastward about five thousand feet from the harbor entrance to a line in continuation of the easterly boundary of the Queen Emma site, Army reservation, and to enter into negotiations for the purchase of the said rights, and, if in his judgment the price for such rights is reasonable and satisfactory, to make contracts for the purchase of same subject to future ratification and appropriation by Congress; or, in the event of the inability of the Secretary of the Navy to make a satisfactory contract for the voluntary purchase of the said rights of fishery, he is hereby author