CONFIDENTIAL
Lease to the United States of America by His Majesty's
Government in the United Kingdom of certain areas of
land and water in Bermuda.
His Majesty's Government in the United Kingdom, being desirous at
this time to execute in part the declarations made on its behalf by
his Excellency The Right Honorable The Marquess of Lothian, C.H.,
British Ambassador Extraordinary and Plenipotentiary, in his communi-
cation of September 2, 1940, to the Government of the United States of
America, a copy of which is hereto appended and made a part hereof, do
by these presents to that end, make and execute the following:
His Majesty's Government hereby lease to the United States of Amer-
ica for the period of ninety-nine years from the, date on which posses-
sion thereof shall be formally transferred the following areas of land
and water situated in Bermuda:
(1) Beginning at the shoreline at Granaway (approx-
imately 1800 feet northeast of Spithead in Great
Sound), proceeding in a southeasterly direction along
and adjacent to the southwest side of Longford Road, to
Middle Road; thence, in a southwesterly direction, ap-
proximately 7,000 feet along and adjacent to the north
side of said road, to the point of intersection with the
northwest - southeast property line running through the
300 yard firing point of the rifle range; thence along
said property line in a southeasterly direction to the
shoreline; thence southwesterly along the shoreline to
Port Royal Cove; thence in a northwesterly direction in
a direct line to the nearest point of Jew's Bay; thence
along the shoreline, including the two islands in Rid-
dle's Bay marked in red on enclosure (B), to the point
of beginning: Provided, that suitable rail and highway
communication, traversing the leased area shall be pro-
vided and maintained by the United States of ijuerlca
and free use thereof granted His Majesty's Government.
(2) The water and land areas of the Elizabeth or Haw-
kins Island Group as marked in red on the accom-
panying map, enclosure (B), as provision for a safe area
for the storage of ammunition and explosives and for
minor berthing and supplying surface vossels.
(3) The exact metes and bounds of the above described
areas shall be established by survey.
The grant of the foregoing areas of land and water shall include the
following!
(a) The right, power, end authority to use, fill, and occupy the wa-
ters adjacent to 3aid areas and to improve and deepen the entrances
thereto and the anchorages thereof and generally to do any and all things
necessary to fit the premises for use as naval and air bases.
(b) Exclusive rights, power, authority, and control within the afore-
said areas and within the territorial waters and air spaces adjacent to
or in the vicinity of such areas except as hereinafter otherwise provided.
(c) The right, power, and authority to assume military control and
conduct military operations within any part of Bermuda and surrounding wa-
ters and air space to the extent which may become necessary or convenient
for the protection of the property, instrumentalities, and activities of
the United States of America or otherwise to safeguard its national inter-
ests,
(d) The right, power, and authority to control the anchorage, moor-
ings, movements, communications, and operations of whatever character of
all ships within the limits of the areas leased, and the territoriel wa-
ters adjacent to or in the vicinity of such areas, to such extent as may
be found necessary or convenient in the use, control, and defense of such
areas.
(e) The right, power, and authority to control the anchorage, moor-
ings, takeoffs, flights, landings, movements, and operation of all air-
craft within the limits of the areas leased, and within the territorial
waters and air spaces adjacent to or in the vicinity of such areas, to
such extent as may be found necessary or convenient in the use, control,
and defense of such areas.
(f) The right, power, and authority to regulate and control all ex-
ternal and internal communications of whatever nature from, to, end with-
in the areas leased.
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(g) The right, power, and authoritj' to employ and use all commer-
cial or public utilities, services, and facilities, all roads, highways,
bridges, viaducts, and similar channels of transportation to the same
extent and under the same conditions as His Majesty's Government.
(h) The right, power, and authority to install, maintain, and oper-
ate at such sites as may be necessary or convenient, armament, under-
water defenses, including mines, nets, booms, sound detection, and other
similar devices; control stations ashore, beacons, dispensary and first
aid stations, lights, warning or detecting devices, end military police,
to such extent as may be found necessary or convenient in the use, con-
trol, and protection of the areas leased,
(i) The right, power, and authority to acquire by supplementary lease
from His Majesty's Government for the unexpired period of this lease,
without consideration other than just compensation to private owners if
any, additional areas, sites, locations, and rights of way for roads,
causeways, bridges, powerlines, watermains, sewers and similar facilities
to such extent as may be found necessary or convenient for the establish-
ment, maintenance, use and protection of naval and air bases in the afore-
said leased areas.
(j) The right, power, and authority to use all public lands, areas,
sites, forts, docks, piers, quays, berths, shops, repair facilities, arse-
nals, magazines, and hospitals to the extent which may become necessary
or convenient for the protection of the property, instrumentalities, and
activities of the United States, or otherwise to safeguard its national
interests without compensation other than reimbursement of any additional
cost directly resulting from such use.
(k) The privilege of importing free from all dues, imposts, excises,
tolls, customs, levies, or assessments of any nature whatever, all ships,
boats, aircraft, areas, machinery, supplies, materials, equipment, cloth-
ing, household furnishings, provisions, goods, wares, merchandise and
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articles similar to the aforesaid, consigned to or destined for any ac-
tivity of the United States of America, its military, naval, or civil
personnel and their families, contractors and their families, subject
to the condition that articles so imported shall not be further sold
or transferred to other interests in Bermuda.
(l) The right, power, and authority to remove all improvements
placed upon the leased areas at any time before the expiration or ter-
mination of this lease or of any renewal thereof or within a reasonable
time thereafter.
The United States of America shall be under no obligation to improve
the leased areas in whole or in part for use as naval or air bases, nor
to exercise any right, power, or authority herein granted; and if it
shall make such Improvements or exercise any such right, power, or auth-
ority it shall nevertheless have the privilege of abandoning any part or
all of the foregoing at any time without consent of His Majesty's Govern-
ment and without incurring any obligation by reason of such abandonment.
The United States of America shall be under no obligation or respon-
sibility for the civil administration or defense of Bermuda or any part
thereof, or for the maintenance of military or naval forces within or
without the leased areas.
Crimes and misdemeanors committed 7/ithin the leased areas during the
occupation and use thereof by the United States of America shall be pun-
ishable either by the United States or the colonial authorities in ac-
cordance with their respective laws, dependent upon which shall first ac-
quire jurisdiction of the person of the offender; except that either gov-
ernment may on request deliver the offender to the other for trial; that
in all cases the colonial government shall bring to trial all offenders
turned over to it by the United States upon request of the colonial auth-
orities or otherwise, and that all offenders in the service of the United
States, civil or military, shall on demand be apprehended and delivered
to the government of the United States for trial whether or not the of-
fense with which charged was committed within or without the leased
areas; Provided, that the colonial authorities shall not arrest any
person or serve any process, civil or criminal, within the leased areas
except upon application previously made to the commanding officer and
approved by him: Provided further, that colonial laws of a regulatory
nature, or v.hich may otherwise interfere with the use of the leased
premises by the United States, shall not be regarded as applicable with-
in such areas.
His Majesty's Government undertake to deliver possession of all
lands and facilities, including such as may be privately owned within
the leased areas hereinbefore provided for, on such date as may be de-
termined upon by the United States of America: Provided, that the United
States of America shall pay to His Majesty's Government such sum or sums
as may be mutually agreed upon to compensate the owners of private pro-
perty for loss by expropriation or damage arising out of the establish-
ment of naval or air bases in the leased areas.