Act of July 9, 1921, ch. 42, tit. 2, sec. 220 (as amended)
Development Projects; Appropriations by Territorial Legislature; Bonds Issued by Legislature.—
Sec. 220. Development Projects; Appropriations by Territorial Legislature; Bonds Issued by Legislature.—The Commission is authorized directly to undertake and carry on general water and other development projects in respect to Hawaiian home lands and to under-take other activities having to do with the economic and social welfare of the homesteaders, including the authority to derive revenue from the sale, to others than homesteaders, of water and other products of such projects or activities, or from the enjoyment thereof by others than homesteaders, where such sale of products or enjoyment of projects or activities by others does not interfere with the proper performance of the duties of the Commission: Provided, however, That roads through or over Hawaiian home lands, other than Federal-aid highways and roads, shall be maintained by the county or city and county in which said particular road or roads to be maintained are located. The Legislature of the Territory is authorized to appropriate out of the treasury of the Territory such sums as it deems necessary to augment the Hawaiian home-loan fund, the Hawaiian home-development fund, the Hawaiian home-operating fund, and the Hawaiian home-administration account, and to provide the Commission with funds sufficient to execute and carry on such projects and activities. The legislature is further authorized to issue bonds to the extent required to yield the amount of any sums so appropriated for the payment of which, if issued for revenue-producing improvements, the Commission shall provide, as set forth in section 213 (d). To enable the construction of irrigation projects which will service Hawaiian homelands, either exclusively or in conjunction with other lands served by such projects, the commission is authorized, with the approval of the governor, to grant to the Hawaiian Irrigation Authority, or to any other agency of the government of the Territory or the United States undertaking the construction and operation of such irrigation projects, licenses for rights-of-way for pipelines, tunnels, ditches, flumes, and other water conveying facilities, reservoirs and other storage facilities, and for the development and use of water appurtenant to Hawaiian homelands; to exchange available lands for public lands, as provided in section 204 (4) of this Act, for sites for reservoirs and subsurface water development wells and shafts; to request any such irrigation agency to organize irrigation projects for Hawaiian homelands and to transfer irrigation facilities constructed by commission to any such irrigation agency; to agree to pay the tolls and assessments made against community pastures for irrigation water supplied to such pastures; and to agree to pay the costs of construction of projects constructed for Hawaiian homelands at the request of the commission, in the event the assessments paid by the homesteaders upon lands are not sufficient to pay such costs: Provided, That licenses for rights-of-way for the purposes and in the manner specified in this section may be granted for a term of years longer than is required for amortization of the costs of the project or projects requiring use of such rights-of-way only if authority for such longer grant is approved by an Act of the Legislature of the Territory of Hawaii. such payments shall be made from, and be a charge against the Hawaiian home-operating fund.