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Title 16, ConservationRelease 119-102

§396a Lease of Lands to Native Hawaiians, Residence Requirements; Fishing

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER XLI — HAWAII NATIONAL PARK › § 396a

Last updated Aug 21, 2026|Official source

Summary

The Secretary of the Interior may lease land in the Kalapana extension for home sites to native Hawaiians. He can make the rules for those leases. Homes may not block access to historic, scientific, or scenic spots or get in the way of protecting the area as part of Hawaii National Park. People who take a homesite must live there at least six months each year. Fishing in the area is allowed only for native Hawaiian residents of the area or nearby villages, and for visitors only when guided by those residents. "Native Hawaiian" means a person who is at least one-half descendant of the peoples who lived in the Hawaiian Islands before 1778.

Full Legal Text

Title 16, §396a

Conservation, Source: USLM XML via OLRC

(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

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Hawaiʻi Volcanoes National ParkDesignation of portion of Hawaii National Park situated on island of Hawaii as Hawaiʻi Volcanoes National Park, effective Sept. 22, 1961, see section 391d of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 396a

Title 16, Conservation

Last Updated

Aug 21, 2026

Release point: 119-102