§ 396a. — Lease of lands to native Hawaiians, residence requirements; fishing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC396a]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI--HAWAII NATIONAL PARK
Sec. 396a. Lease of lands to native Hawaiians, residence
requirements; fishing
(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.
(June 20, 1938, ch. 530, Sec. 3, 52 Stat. 784.)
Hawai`i Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of
Hawaii as Hawai`i Volcanoes National Park, effective Sept. 22, 1961, see
section 391d of this title.
Section Referred to in Other Sections
This section is referred to in sections 391b-1, 392b, 392c, 396c of
this title.
