Lease to the United Stttn of Aatrlu.br His
MaJostr's Qovornmoat in the Pal tod r4"|jif|
of porta la areas of land and wotor la Bermuda
His Majesty** Ooverxuseat ia the United Kingdom, being
desirous at this time to ozoouto la part the doolaratioaa
aado oa lta behalf by his Xxselleaey Tao Right Honorable
The Marquess of Lothian, C.H., Brltlali Ambassador Extra-
ordinary aad Plenipotentiary, in ala communication of
September 2, 1940, to the Oovernment of the United state a
of Aaerioa, a copy of which la hereto appended aad aado a
part hereof, do by theae preaeata to that end, make aad
execute the following:
His Majesty* a Government hereby lease to the Halted
Statea of Aaerioa for the period of ninety-nine years from
the date on whioh possession thereof shall be formally
transferred the following areas of land aad water situated
In Bermuda:
Refereaoe:   Ordnance Surrey Map, Sheets 1 aad
2, 1898-9, scale six laehes equals oae alio,
(enclosure (B) aad (0).   H.O. 27.
¦
(1) Long Bird Island, including adjoining islands
in Ferry Reaeh, and oaussway to mainland
south of Mullet Bay, the entire area described
containing approximately eighty seres*
(2) Beginning on the shoreline of Stocks Harbor
at a point about seven hundred eighty feet
northeast of the northern tip of Long Bird
Island; thence east along the shoreline to
Stokes Point; thence generally west along
road (exclusive) about sixteen hundred
fifty feet to road junction; thenoe south
along road (exclusive) to Swing Bridge about
aix hundred seventy-five feet; thenoe north
of west about thirteen hundred twenty-five
feet to property line; thenoe southwest
about six hundred alxty feet to road between
Terry Point aad St, George (exclusive);
theuoe southwest about three Hundred
slxty-flre feet to property lint; thence
southeast about six Hundred foot alone
property lino to shoreline of Richardson's
Bayj thonoo along shoreline to point of
beginning, the antiro tract containing ap-
proximately fort/ aorea; prorided, that
the buildings and grounds of the Biologioal
Institute snail bo excluded from the parcel.
(3) Beginning at Stocks' Point on the shoreline
of St. George's Harbor) thenoe generally
east and south along the shoreline to the
western edge of Higgs Ba/j thenoe due south
about one hundred aerenty-fire feet to road
between Stocks Point and St. Darld's light-
house! thenoe generally east along said
road (exoluslTo) to road junction about
three hundred forty feet southeast of
Buroher's Point; thenoe generally southeast
along road (exelualTo) to a point about one
hundred fifty feet northwest of its terminus
on Ruth's Bay; thenoe east about seren
hundred twenty-fire feet to the shoreline
south of Goto Point; thenoe south along the
shoreline to Ruth's Point; thenoe generally
west along the shoreline to point of beginning;
provided, that Care Island, Sandy Island,
Little Round Island, Jones Island, Round
island, iiOng;;sland# Grace's Island, Westoott
Island, and adjacent unnamed islands in
Castle Harbor aha11 be Included, the entire
area desoribed containing approximately two
hundred sixty aorasj and proTided further,
that the highway rights-of-way between
stocks Point and aiggs Bay shall be exoluded.
(4) All the Islands and oays at the entrance to
Castle Harbor between Ruth's Point on St.
David's Island and Castle Point on Hamilton
Island, containing a total of approximately
one hundred fifteen acres.
•
(5) Morgan and Tucker's Islands, and the im-
mediately adjacent oays, in Great Sound, con-
taining a total of approximately fifty acres.
(6) The exaet metes and bounds of the aboTC de-
scribed areas shall be established by surrey.
The grant of the foregoing areas of land and water
shall include the following:
(a) The right, power, and authority to use, fill,
and oooupy the waters adjaoent to said areas including
apeoifioally the waters of Ferry Reach and Castle Harbor
- 2 -
and to improve and 4M|M the entrancea thereto and thm
anchorages thereof and generally to do am/ and all things
necessary to fit the premises for uao as naval aad air
tmii
(to) The right, power, and autlioritjr to eubatltute a
drawbridge for highway aad tramway uao between St. Oeorge'e
Island and Coney Island on the waatara antranea to Ferry
Reach and to render tnia aatranao useable to rossals and
seaplanes entering Castle Harbor, Including such alteration
to too southeast causeway leading to Long.Island as an/
bo considered desirable or neoeaeary.
(e) The right, power, and authority to use, fill and
occupy the waters of Morgan and Tucker'a Islands aad the
immediately adjaoont cays, to do an/ and all things necessary
to fit tno premises for use as a seaplane base and to operate
seaplanea in Great Sound.
(d) The right, power, and authority to operate motor
transport on the highways connecting the several United
States areas which border on Oaetle Harbor.
(a) Exclusive rights, power, authority, and control
within the aforesaid areas and within the territorial
waters and air spaces adjacent to or in the vicinity of
such areas except as hereinafter otherwise proTided.
(f) The right, power, and authority to assume military
control and conduct military operations within any part of
Bermuda and surrounding waters 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 Aaerloa or otherwise to safeguard its
national interests.
3
(g) The right, power, and authority to control tho
anchorage, moorings, movements, communications, and o?«ra-
tions of whatever oharaotar or all ship* within tho limits
of tho areas leased, and the territorial waters adjacent to
or in the vicinity of suoh areas, to such extent as may he
found necessary or convenient in the use, control, and do*
fense of suoh areas.
(h) The right, power, and authority to control the
anchorage, moorings, takeoffs, flights, landings, move-
ments, and operation of all aircraft within the limits of
the arena leased, and within the territorial waters end
air spaces adjacent to or in the vicinity of such areas, to
suoh extent as may be found necessary or convenient in the
use, control, and defense of such areas.
(i) The right, power, and authority to regulate and
control all external and internal oommunications of what-
ever nature from, to, and within the areas leased.
(j) The right, power, and authority to employ and use
all commercial or public utilities, services, and facilities,
all roads, highways, bridges, viaducts, and similar channels
of transportation to the sane extent and under the same
conditions as His majesty's Government.
(k) The right, power, and authority to install, main-
tain, and operate at suoh sites as may be necessary or
convenient, armament, underwater defenses, including mines,
nets, booms, sound detection, and other similar devices;
control stations ashore, beacons, dispensary and first aid
stations, lights, warning or detecting devioes, and military
polio*, to auoh extent a¦ m; be found necessary or eon-
Ttnimt In the use, control, and protection of the areas
leased, inoluding specifically the entrances to Castle
Harbor.
(1) The right, power, and authority to acquire by sup-
plementary loaoo from Hi a Majeaty's Government for the
unexpired poriod of tola loaoo, without oonaidaration other
than Juat compensation to private owners if an/, additional
araaa, sitae, looationa, and rights-of-way for roads,
causeways, bridge a, power linos, watemalna, savors and
similar faoilitios to auon aztont as u; bo found necessary
or oonToniont for the eetabliehaent, maintenance, use sad
protection of naval and air basss in the aforosaid lsasod
araaa.
(a) Tha riant, poww, and authority to uso all public
lands, araaa, sitas, forts, doc lea, plors, qua/a, berths,
shops, repair facilities, arsenals, aagaaiaes, and hospitals
to the extent which an/ become necessary or convenient for
the protection of the property, instrumentalities, **d
aetiTitles of the United States, or otherwise to safeguard
its national interacts without oompanaation other then re-
imbursement of an/ additional ooat di recti/ resulting from
euch use.
(n) The privilege of importing free from all dues,
imposts, excises, tolls, customs, IcTiea, or aeaeesmente of
an/ nature whatever, all ships, boats, aircraft, anas,
machinery, supplies, materials, equipment, clothing, house-
hold furnishings, provisions, goods, wares, merchandise and
articles similar to the aforesaid, consigned to or destined
for tax activity of the United States of Ameriea, its mili-
tary, naval, or civil personnel and their families, oon-
traotors and their families, subject to the condition that
articles so imported ahall not be further sold or trans-
ferred to other interests in Bermuda.
(o) The right, power, and authority to remove all im-
provements plaeed upon the leased areas at any time before
the expiration or termination of this lease or of an/
renewal thereof or within a reasonable time thereafter.
The United States of Amerioa shall be under no obliga-
tion to improve the leased areas in whole or in part for
use as naval or air bases, nor to exercise an/ right, power,
or authority herein granted; and if it shall make such im-
provements or exercise any such right, power, or authority
it shall nevertheless have the privilege of abandoning any
part or all of the foregoing at any time without consent
of His majesty's Government and without incurring any ob-
ligation by reason of suoh abandonment.
The United States of Amerioa shall be under no obliga-
tion or responsibility for the civil administration or de-
fense of Bermuda or any part thereof, or for the maintenance
of military or neval forces within or without the leased
areas.
Crimes and misdemeanors oommitted within the leased
areas during the oeoupation and use thereof by the United
States of Amerioa shall be punishable either by the United
States or the colonial authorities in accordance with their
respective laws, dependent uponwhioh shall first acquire
- 6 -
Jurisdiction of the person of the offender; exoept that
either government may on request deliver the offender to
the other for trial} that in all oeeee the colonial govern-
ment shall bring to trial all offender* turned over to it
by the United States upon request of tao colonial author-
ities or otherwise, and that all offenders in the serrioe
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 offense with which
charged was committed within or without the leased areas;
Provided, that the colonial authorities shall not arrest an/
person or serve any process, olvil or criminal, within the
leased areas sxespt upon application previously made to the
commanding officer and approved by him:   Provided further,
that oolonial laws of a regulatory nature, or whleh 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 pro-
vided for, on such date as may be determined 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 property for loss by expropriation or damage
arising out of the establishment of naval or air bases in
the leased areas.
7