55 STAT.] 77TH CONG. , 1ST SESS.-CH. 544-NOV. 26 , 1941 SEC. 2 . Section 208 (3) of the Hawaiian Homes Commission Act, 1920, is hereby amended to read as follows: "(3) The lessee shall occupy and commence to use or cultivate the tract as his home or farm within one year after the lease is made. The lessee of agricultural lands shall plant and maintain not less than five, ten, fifteen, and twenty trees per acre of land leased, and the lessee of pastoral lands shall plant and maintain not less than two, three, four, and five trees per acre of land leased during the first, second, third, and fourth years, respectively, after the date of lease. Such trees shall be of types approved by the Commission and at locations specified by the Commission's agent. Such planting and maintenance shall be by or under the immediate control and direction of the lessee. Such trees shall be furnished by the Commission free of charge." SEC. 3. Section 209 of the Hawaiian Homes Commission Act, 1920, is hereby amended as follows: 1. By amending paragraph (1) thereof to read as follows: "(1) Upon the death of the lessee, his interest in the tract or tracts and the improvements thereon, including growing crops, either on the tract or in any collective contract or program to which the lessee is a party by virtue of his interest in the tract or tracts, shall vest in the relatives of the decedent as provided in this paragraph. From the following relatives of the lessee: Husband and wife, children, widows or widowers of the children, grandchildren, brothers and sisters, widows or widowers of the brothers and sisters, or nieces and nephews, the lessee shall designate the person or persons to whom he directs his interest in the tract or tracts to vest upon his death. Such person or persons must be qualified to be a lessee of Hawaiian home lands: Provided, however, That Hawaiian blood requirements shall not apply to the descendants of those who are not native Hawaiians but who were entitled to the leased land under the pro- visions of section 3, Public Document Numbered 227 in the Seventy- third Congress, approved May 16, 1934: Provided further, That such person or persons need not be twenty-one years of age. Such desig- nation must be in writing, must be specified at the time of execution of such lease with a right in such lessee in similar manner to change such beneficiary at any time, and shall be filed with the commission and approved by the commission, in order to be effective to vest such interests in the successor or successors so nameud. "In the absence of such i designation as appnroved by the Com- mission, the Commission shall select from the relatives of the lessee in the order named above, as limited by the foregoing paragrap)h. one or more persons who are qualified to be lessees of Hawaiian home lands, except as hereinabove provided, as the successor or successors of the lessee's interest in the tract or tracts, and upon the death of the lessee, his interest shall vest in the person or persons so selected. The Commission may select such a successor or successors after the death of the lessee, and the rights to the use and occupancy of the tract or tracts may be made effective as of the date of the death of such lessee. "In the case of the death of a lessee leaving no such relative qualified to be a lessee of Hawaiian home lands, the land subject to the lease shall resume its status as unleased Hawaiian home lands and the Commission is authorized to lease such land to a native Hawaiian or Hawaiians as provided in this Act. "Upon the death of a lessee leaving no such relative qualified to be a lessee of Hawaiian home lands, or the cancelation of a lease by the Commission, or the surrender of a lease by the lessee, the Com- mission shall appraise the value of all such improvements and grow- ing crops and shall pay to the legal representative of the deceased 783 42 Stat. 111 . 48 U.S.C. 702 (3). Occupancy and use of lands. 60 Stat. 504. 48U.S.C.§703. Successor of lessee. Proisos. Hawaiian blood re- quirements. 48 Stat. 779. 48 U. S. C. §704a. Eligibility of minors. Designation to be in writing, etc. Selectlon of suets- sor by ('Omllnilson. Lessee leaving no qualified relative. Appraisal and pay- ment to legal repre- sentative.
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