409 



PROVIDED, NEVERTHELESS, AND THIS SURRENDER IS 

 MADE UPON THE FOLLOWING EXPRESS CONDITIONS: 



r. That the lands of which the care, custody and control are hereby 

 surrendered shall be immediately set apart as a forest reserve for forestry 

 purposes in accordance with the general purposes of the present forestry 

 laws of the Territory of Hawaii. 



2. That all lands now held and owned by said Territory of Hawaii 

 and that it may hereafter acquire during said period of this surrender, 

 upon such acquisition, within said boundaries hereinbefore specifically set 

 forth, except the lands within said boundaries covered bv Government 

 Leases Nos. 538 and 539, both dated February 26, 1902, made bv the Com- 

 missioner of Public Lands for and on behalf of the Territory of Hawaii 

 to H. P. Baldwin, shall likewise be immediately set apart as a forest re- 

 serve for said purposes, as far as and as soon as it is able so to do under 

 the laws of said Territory ; 



3. That at least immediately upon the relief or release within said 

 period of this surrender of all, or any part, of the lands covered by said 

 Government Leases Nos. 538 and 539, from said leases, or either of them, 

 by expiration or termination or otherwise, the lands within said boundaries 

 so relieved or released shall be set apart as a forest reserve for said pur- 

 poses ; hut, if possible under the laws of said Territory at any time w^ithin 

 said period of this surrender before such relief, release or releases, then 

 as soon as thus possible, the lands within said boundaries covered by said 

 leases shall be set apart as a forest reserve for said purposes : 



4. That all lands set apart as hereinbefore specified as a forest re- 

 serve and all lands now held, controlled or owned by said Territory of 

 Hawaii, within said boundaries that have already been set apart as a forest 

 reserve for said purposes, shall be used and maintained during said 

 period of seventeen years covered by this surrender as a forest reserve 

 for forestry purposes according to the general purposes of the present 

 forestry laws of the Territory of Hawaii, except where such use and 

 maintenance will be inconsistent with the rights now existing of third 

 persons in any of said lands, in which cases, upon the termination of any 

 stich right or rights, such use and maintenance shall immediately being 

 in the lands relieved therefrom and shall thereafter continue throughout 

 said period of seventeen years covered by this surrender : 



Excepting and Reserving, however, to said Territory of Hawaii from 

 all lands owned by said Territory that said Territory has, or may, set 

 apart as a forest reserve according to the terms of tnis surrender, the fol- 

 lowing rights to the extent that such rip-hts are now owned or held by 

 said Territory and subject to all existing rights held or owned by, or 

 belonging to parties, including the parties of the first and third parts 

 hereto, other than said Territory; 



All water rights and the right to develop for additional water in 

 and upon said lands for any purposes whatever ; 



Full rights of ingress and egress, rights of way for ditches, roads, 

 pipe lines and tunnels and any other device for the purpose of develop- 



