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Title 16 — Conservation

Chapter 1 — National Parks, Military Parks, Monuments, and Seashores

§ 396a. Lease of lands to native Hawaiians, residence requirements; fishing

Statutory text

(a)

The Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described in section 391b of this title, to native Hawaiians when such occupancy does not encroach on or prevent free access to any points of historic, scientific, or scenic interest or in any manner obstruct or interfere with protection and preservation of said area as a part of the Hawaii National Park: Provided, however, That occupants of homesites shall reside on the land not less than six months in any one year: And provided further, That fishing shall be permitted in said area only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.

(b)

The term “native Hawaiian”, as used in this section, means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 75–530 § 3 · 52 Stat. 781

    Enacted · 16 U.S.C. § 396a

    (June 20, 1938, ch. 530, § 3, 52 Stat. 784.)

    Source evidence

    Code source credit
    (June 20, 1938, ch. 530, § 3, 52 Stat. 784.)

    Enacted provision · exact public law section
    Sec. 3. (a) That the Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described herein, to native Hawaiians when such occupancy does not encroach on or prevent free access to any points of historic, scientific, or scenic interest or in any manner obstruct or interfere with protection and preservation of said area as Provisos. Residence requirements. Fishing restrictions. a part of the Hawaii National Park: Provided, however, That occupants of homesites shall reside on the land not less than six months in any one year: And provided further, That fishing shall be permitted in said area only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance. (b) The term “native Hawaiian”, as used in this section, means any “Native Hawaiian” defined. descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Hawaiʻi Volcanoes National Park

Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaiʻi Volcanoes National Park, effective , see section 391d of this title.

Credits

(June 20, 1938, ch. 530, § 3, 52 Stat. 784.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s396a