Executive Order 10309—Restoring Possession, Use, and Control of Certain Lands Reserved for Military Purposes to the Territory of Hawaii and Transferring Title to Such Lands to the Territory

WHEREAS a tract of land at Kaakaukukui, Honolulu, Oahu, Territory of Hawaii, which forms a part of the public lands ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation of July 7, 1898 (30 Stat. 750), was reserved for military purposes by a series of Executive orders (enumerated in Executive Order No. 5487 of November 14, 1930) describing the Fort Armstrong Military Reservation; and

WHEREAS an additional tract of land which forms a part of the public land ceded and transferred to the United States by the Republic of Hawaii under the said joint resolution of annexation was set aside for addition of the said reservation by Executive Order No. 864 of October 13, 1939, of the Governor of the Territory of Hawaii; and

WHEREAS that portion of the Fort Armstrong Military Reservation described in Part I of this order is needed by the Territory of Hawaii for a harbor-improvement project; and

WHEREAS it is deemed desirable and in the public interest that the possession, use, and control of the said portion be restored to the Territory of Hawaii, and that title thereto be transferred to said Territory:

NOW, THEREFORE, by virtue of the authority vested in me by section 91 of the act of April 30, 1900, 31 Stat. 159, as amended by section 7 of the act of May 27, 1910, 36 Stat. 447, it is ordered as follows:

PART I

Upon the fulfillment of the conditions precedent specified in Part II of this order and the certification thereof by the Department of the Army as provided in such Part, and without further act, the possession, use, and control of the two following-described tracts of land comprising a portion of the Fort Armstrong Military Reservation, Honolulu, Oahu, Territory of Hawaii, shall be restored to the Territory of Hawaii, and title to the said tracts shall be transferred to the said Territory:

Beginning at a lead plug at the west corner of this piece of land, on the southeasterly side of Channel Street, the coordinates of said point of beginning referred to Government Survey triangulation station "Punchbowl" being 4,412.22 feet south and 5,678.39 feet west, thence running by azimuths measured clockwise from true south:

1. 219° 00'00" 154.09 feet along the southeasterly side of Channel Street; thence along Channel Street, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:

2. 264° 00'00" 28.28 feet;

3. 309° 00'00" 172.16 feet along same, along U.S. Immigration Station;

4. 38° 48'30" 270.86 feet along the remainder of Tract No. 1 of Fort Armstrong Military Reservation;

5. 128° 48'30" 25.98 feet along U.S. Public Health Station (Public Law 105, 81st Congress, dated June 16, 1949);

6. 218° 58'20" 96.70 feet along same;

7. 129° 03'00" 167.01 feet along U.S. Public Health Station (Public Law 105, 81st Congress, dated June 16, 1949) to the point of beginning and containing an areas of 35,932 square feet or 0.82 acre.

Excepting and excluding from the above-described property the land which was transferred to the control and jurisdiction of the Secretary of War (now Secretary of the Army) by letter of the Secretary of Labor (Immigration Service) dated December 16, 1939, pursuant to the act of Congress approved August 5, 1939, 53 Stat. 1209, and containing 6,920 square feet or 0.16 acre.

TRACT No. 2

Beginning at the west corner of this piece of land, on the southeasterly side of the Honolulu Harbor Line, the coordinates of said point of beginning referred to Government Survey triangulation station "Punchbowl" being 3,930.19 feet south and 5,637.61 feet west, thence running by azimuths measured clockwise from true south:

1. 219° 00' 214.12 feet along the Honolulu Harbor Line;

2. 279° 46' 116.48 feet;

3. 322° 20' 198.34 feet along a fence to concrete monument No. 1;

4. 39° 00' 224.88 feet along the northwesterly side of Channel Street to a brass plate;

5. 129° 00' 294.63 feet along Channel Street, along Pier No. 2, and passing over brass plate No. 3 at 192.99 feet, to the point of beginning and containing an area of 72,432 square feet or 1.66 acres.

PART II

1. The Territory of Hawaii shall replace the existing bakery and that portion of the warehouse (combined Buildings T-28 and T-29) located on the land described in Part I hereof by remodeling and increasing the capacity of the existing bakery at the Schofield Barracks Military Reservation.

2. The Territory of Hawaii shall completely raze the existing warehouse (combined Buildings T-28 and T-29) and remove all debris.

3. The Territory of Hawaii shall relocate all Department of the Army utility lines running through the site of the proposed Territorial Pier 2 Expansion Project and shall grant perpetual easements for all such utility lines as relocated.

4. The Territory of Hawaii shall replace the existing boundary fence and gates by erecting a new fence along the revised boundary, with entrance driveways and gates as required by the Department of the Army.

5. The Territory of Hawaii shall replace the Honolulu District Engineer's Boathouse now located at Pier 2A by constructing a new boathouse at Pier 1, the boathouse area to be inclosed with steel sheet piling or equivalent protection against the open sea.

6. The Territory of Hawaii shall make the necessary alternations in the present Post Exchange and Cafeteria Building located on Fort Armstrong Military Reservation to accommodate the District Engineer Laboratories now located at Pier 2A.

7. The Territory of Hawaii shall replace the remaining facilities now located at Pier 2A by construction an office and armory building at Fort DeRussy Military Reservation.

8. The Territory of Hawaii (and not the Department of the Army) shall make any arrangements that may be necessary with the General Services Administration (as to property occupied by the Public Health Service) or the Department of Justice (as to property occupied by the Immigration and Naturalization Service) with respect to any rights or interest in any lands now under the jurisdiction of the said Administration or Department affected by the proposed Territorial Pier 2 Expansion Project.

9. None of the above-described construction of new facilities or alteration of existing facilities shall be at the expense of the Department of the Army.

10. The Territory of Hawaii shall bear all expenses in connection with the preparation of final plans and specifications for the construction and alteration work outlined above; the plans and specifications shall be based on preliminary plans prepared by the District Engineer in conjunction with Headquarters, United States Army, Pacific, in May 1949, copies of which have been furnished to representatives of the Territory of Hawaii (except that preliminary plans for altering the Post Exchange and Cafeteria Building at the Fort Armstrong Military Reservation, furnished to the Territory of Hawaii in January 1950, shall be substituted for the earlier plans for replacement of laboratory facilities); final plans and specifications for each item shall be approved by the Department of the Army before the start of construction or alteration work on each item; and the order of priority of each item shall be subject to the joint approval of the Department of the Army and the District Engineer. At the request of the Territory of Hawaii, the Department of the Army, acting by and through the Commanding General, United States Army, Pacific, prior to final acceptance by the Territory of any item of work which has been performed under a contract between the Territory of Hawaii and any contractor, shall advise the Territory of Hawaii whether it concurs in such final acceptance.

11. Prior to the completion of all replacement Army facilities by the Territory of Hawaii, and prior to the restoration of the possession, use, and control of the lands and the transfer of title thereto from the United States to the Territory of Hawaii, and prior to the restoration of the possession, use, and control of the lands and the transfer of title thereto from the United States to the Territory of Hawaii, the Territory may, if it so desires request right-of-entry to proceed with the demolition of existing Army improvements or the construction of Territorial or Army facilities on the subject lands. Such right-of-entry shall be secured in writing from the Department of the Army by the Territory of Hawaii for each improvement to be demolished or constructed. The granting of any such right-of-entry shall be at the discretion of the Department of the Army, except as such right-of-entry is necessary to enable the Territory of Hawaii to complete the construction or demolition for the Department of the Army as described above. Whenever the demolition of any building or improvement on the subject lands is necessary to permit Territorial construction, either for the Territory of Hawaii or for the Department of the Army, and construction by the Territory of replacement Army facilities has progressed to a point where it is deemed to be in the best interest of the United States to do so, the Department of the Army may, at its discretion and upon written request from the Territory in each case, certify as to such partial fulfilment of the conditions specified in Part II of this order, and upon such certification possession, use, and control of such building or improvement and title thereto shall vest in the Territory.

12. The Territory of Hawaii shall commence construction and alteration of the said replacement facilities within twelve months, and shall complete construction and alteration thereof within thirty months, from the date of this order.

13. The Territory of Hawaii shall not be called upon to furnish an operating equipment, appliances, or furniture in connection with the construction or alteration of replacement facilities but shall be responsible for installing any operating equipment, appliances, or furniture furnished by the Department of the Army and shall be responsible for furnishing and installing such standard furnishings and equipment (such as light fixtures, plumbing, locks, and washbasins) as are called for in the plans and specifications.

14. The Territory of Hawaii shall not be required to expend for the construction and alteration work outlined above (the intent and extent of which is covered, by reference, in paragraph 10), whether it be performed pursuant to approved final plans and specifications or pursuant to plans and specifications amended as set forth in paragraph 15, any sum in excess of $409,177, plus the cost of preparing plans and specifications. Subject to the foregoing limitation, the work contemplated shall be accomplished, and the cost thereof discharged, without further reference to the amounts set forth in the existing preliminary estimates as costs of the individual construction and alteration items comprising the overall project, and in case it is necessary to accomplish the intent with respect to one item savings on another or others shall be applied. But if the Territory of Hawaii shall have performed construction and alteration work in the amount of $409,177, in the approved order of priority of items and in accordance with approved plans and specifications as they may be amended, all as provided in this Part, the Territory of Hawaii shall be deemed to have completed all the work which the Territory is required by this Part to perform, irrespective of the amount of work actually accomplished.

15. The Territory of Hawaii shall furnish the Department of the Army monthly statements of expenditures for the said construction and alteration work to permit coordination of work placed and being placed with work not yet started, and the Department of the Army shall have the right to approve the schedule of such work and to amend plans and specifications, upon the giving of adequate notice.

16. When the Territory of Hawaii has completed to the satisfaction of the Department of the Army all the work which the Territory is required by this Part to perform, such work, except that which has already been accepted pursuant to the last sentence of paragraph 10 of this Part, shall be accepted by the Department of the Army, and when all such work has been accepted the Department shall so certify to the Territory of Hawaii. The Commanding General, United States Army, Pacific, shall represent the Department of the Army with respect to the acceptance of replacement facilities and certification that the conditions precedent set forth in this Part have been fulfilled, and with respect to any other matter covered by this order.

HARRY S. TRUMAN

THE WHITE HOUSE,

December 3, 1951