Volume 72 · 628

Public Law 85–677

To grant the status of public lands to certain reef lands and vesting authority in the commissioner of public lands of the Territory of Hawaii in respect of reef lands having the status of public lands.

Approved August 18, 1958

Statutory text

AN ACT

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the reef lands described in section 2 of this Act are hereby given the status of public lands within the meaning of the Hawaiian Organic Act (31 Stat.

48 USC 491.

42 Stat. 119.

141) and, unless set aside for public purposes under section 73 (q) of the Hawaiian Organic Act (48 U. S. C. 677), are placed under the control of the commissioner of public lands of the Territory of Hawaii.

Commissioner.

Powers and duties.

The commissioner of public lands with the approval of two-thirds of the Board of Public Lands, Territory of Hawaii, is authorized in respect of reef lands which have the status of public lands to (a) initiate, and cause to be constructed or made as provided by the laws of the Territory, one or more projects for the reclamation of said reef lands, (b) permit or require such reclamation by one or more lessees pursuant to the terms of leases made by him, and (c) exercise any other power relating to public lands: Provided, That no work shall be done on said reef lands without the consent of the Territorial board of harbor commissioners and all work shall be in compliance with Federal laws enacted for the protection and preservation of the navigable waters of the United States. Any lease made by the commissioner of public lands in respect of such reef lands may be made for any term not to exceed fifty-five years or such longer term as may

31 Stat. 141.

48 USC 491.

Sale of lease.

be authorized by an amendment of the Hawaiian Organic Act concerning public lands. Any such lease shall be sold at public auction and may contain such terms, covenants, and conditions as the commissioner of public lands may deem proper and as are approved by the said board of public lands.

Sec. 2.

The reef lands given the status of public lands by this Act are more particularly described as follows:

portion of ala moana reef area

Kewalo Basin to Ala Wai Boat Harbor

Kukuluaeo and Kalia, Honolulu, Oahu, Territory of Hawaii

Beginning at the east corner of this reef area and on the north boundary of lot 5–A–1 of land court application 852, the coordinates of said point of beginning referred to Government survey triangulation station “Punchbowl” being 9,063.05 feet south and 2,940.06 feet east, as shown on Government survey registered map 1986 and running by azimuths measured clockwise from true south:—

77 degrees 59 minutes 93.79 feet along lot 5–A–1 of land court application 852;

336 degrees 48 minutes 0.76 foot along lot 5–A–1 of land court application 852;

45 degrees 00 minutes 2,900.00 feet more or less along area transferred to the Territory of Hawaii by Presidential Proclamation

45 Stat. 2974.

1856 dated October 27, 1928, to the line of breakers;

117 degrees 32 minutes 05 seconds 5,583.15 feet more or less along line of breakers;

202 degrees 50 minutes 2,538.56 feet more or less along the reef area of Kaakaukukui acquired by the Territory of Hawaii from B. P. Bishop estate by deed dated November 3, 1919, and recorded in liber 529, pages 216–218 (land office deed 1903);

296 degrees 24 minutes 270.50 feet along the southwest side of Ala Moana;

291 degrees 50 minutes 342.99 feet along the southwest side of Ala Moana;

296 degrees 05 minutes 293.72 feet along the southwest side of Ala Moana;

302 degrees 55 minutes 513.01 feet along the southwest side of Ala Moana;

10.

32 degrees 55 minutes 700.00 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

11.

302 degrees 55 minutes 168.30 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

12.

307 degrees 55 minutes 496.30 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

13.

291 degrees 44 minutes 437.70 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

14.

286 degrees 37 minutes 173.30 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

15.

278 degrees 56 minutes 412.60 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

16.

287 degrees 07 minutes 718.00 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

17.

292 degrees 09 minutes 476.80 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

18.

297 degrees 52 minutes 359.40 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

19.

285 degrees 05 minutes 1,352.60 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

20.

241 degrees 51 minutes 901.80 feet along land transferred to the Territory of Hawaii by Presidential Proclamation 1818, dated October 25, 1927 (Ala Moana Park);

21.

11 degrees 26 minutes 11.05 feet to the northwest corner of lot 2 of land court application 852;

22.

344 degrees 06 minutes 40 seconds 165.16 feet along lot 2 of land court application 852;

23.

334 degrees 59 minutes 307.89 feet along portion of grant 2789 to W. L. Moehonua, across Ala Wai Canal and along portion of grant 2789 to W. L. Moehonua to the point of beginning and containing an area of 307.42 acres.

Sec. 3.

Sections 4, 5, and 6 of Joint Resolution 45 of the Twenty-ninth

Revenue bonds.

Legislature of the Territory of Hawaii, Session Laws of Hawaii, 1957, relating to revenue bonds of the Territory of Hawaii for financing reclamation projects, are hereby ratified, confirmed, and approved insofar as reef lands which have the status of public lands are concerned.

Approved August 18, 1958.