By virtue of the authority vested in me by section 5(d) of the Act of March 18, 1959, providing for the admission of the State of Hawaii into the Union (73 Stat. 5), and as President of the United States, it is hereby ordered as follows— 1. All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded, are hereby set aside for the use of the United States* in fee simple subject to valid existing rights— Portion Of Tract B, Makua Military Reservation Being portions of the Government Lands of Makua and Eahanahaiki, and a portion of the Makua Forest Reserve. Situated at Makua and Kahanahaiki, Waianae, Oahu, Hawaii. Beginning at a point on the westerly boundary of this piece of land, also being on the northerly boundary of Plot 1 of Parcel 5 of the U.S. Condemnation Civil Action No. 485 (Land Commission Award 6092:1), the coordinates of said point of beginning from Government Survey Triangulation Station "Makua U. S. E." being 4,950.50 feet North and 1,246.93 feet East, thence running by azimuths measured clockwise from true South: Proceeding along the remainder of the land of Kahanahaiki for the next four courses: 1. 171°08'642.12 feet; 2. 159°36'2,440.00 feet; 3. 149°28' 1,438.00 feet; 4. 242°51'40" 1,991.74 feet; 5. 230°00' 1,100.00 feet along the remainder of Land of Kahanahaiki and MakuaKeaau Forest Reserve to the top of the ridge separating the Kuaokala Forest Reserve and Makua-Keaau Forest Reserve; thence along Kuaokala Forest Reserve, along the ridge, direct azimuth and distance being: 6. 261°32' 895.30 feet; thence along Mokuleia Forest Reserve, along the ridge for the next two courses, the direct azimuths and distances being: 7. 291°00' 7,070.00 feet; 8. 316°15' 10,870.00 feet; thence along Land Court Application 1052, along the ridge for the next five courses, the direct azimuths and distances being: 9. 58°10' 1,426.10 feet; 10. 65°42' 1,299.60feet; 11. 69°51' 2,347.20 feet; 12. 60°11' 994.30 feet; 13. 96°42' 817.90 feet; thence along the remainders of Makua-Keaau Forest Reserve, along the ridge, the direct azimuth and distance being: 14. 97°31'06" 7,713.10 feet; thence along the Land of Ohikilolo, along the ridge, the direct azimuth and distance being: 15. 105°31'30" 1 600 00 feet 16. 180°30' 2,360.00 feet along the remainder of the Land of Makua; 17. 171°08' 3,213.88 feet along the remainders of the Land of Makua, Kahanahaiki and Plot 1 of Parcel 5 of U.S. Condemnation Civil Action No. 485 (Land Commission Award 6092:1) to the point of beginning and containing a gross area of 3,273 acres, less 5.95 acres of Tract 1 of Makua Military Reservation (State fee land) and 30.57 acres of Condemned Land, leaving a net area of 3,236.48 acres, more or less. 2. Access rights to and from the nearest public highway to the above described land in, upon, over, and across, such of the lands and properties adjoining thereto which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded are also hereby set aside for the use of the United States. LYNDON B. JOHNSON The White House, August 15, 1964
Executive Order 11166—Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Makua Military Reservation, Hawaii
Executive Brief • At a Glance
All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded, are hereby set aside for the use of the United States* in fee simple subject to valid existing rights— Portion Of Tract B, Makua Military Reservation Being portions of the Government Lands of Makua and Eahanahaiki, and a portion of the Makua Forest Reserve.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Lyndon B. Johnson on August 15, 1964, this order concerns Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Makua Military Reservation, Hawaii. 1. All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded, are hereby set aside for the use of the United States* in fee simple subject to valid existing rights— Portion Of Tract…
Key Directives & Operative Actions
All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded, are hereby set aside for the use of the United States* in fee simple subject to valid existing rights— Portion Of Tract B, Makua Military Reservation Being portions of the Government Lands of Makua and Eahanahaiki, and a portion of the Makua Forest Reserve.
Beginning at a point on the westerly boundary of this piece of land, also being on the northerly boundary of Plot 1 of Parcel 5 of the U.S. Condemnation Civil Action No. 485 (Land Commission Award 6092:1), the coordinates of said point of beginning from Government Survey Triangulation Station "Makua U. S. E." being 4,950.50 feet North and 1,246.93 feet East, thence running by azimuths measured clockwise from true South: Proceeding along the remainder of the land of Kahanahaiki for the next four courses: 1. 171°08'642.12 feet; 2. 159°36'2,440.00 feet; 3. 149°28' 1,438.00 feet; 4. 242°51'40" 1,991.74 feet; 5. 230°00' 1,100.00 feet along the remainder of Land of Kahanahaiki and MakuaKeaau Forest Reserve to the top of the ridge separating the…
Access rights to and from the nearest public highway to the above described land in, upon, over, and across, such of the lands and properties adjoining thereto which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded are also hereby set aside for the use of the United States.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 11,166 (Aug. 15, 1964), https://executiveordersarchive.org/orders/app-executive-order-11166-setting-aside-for-the-use-the-united-states-certain-public-lands-and.