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16 U.S.C. § 396a — Lease of lands to native Hawaiians, residence requirements; fishing
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section391b&num=0&edition=prelim), 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.
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Source file: Laws/federal/codes/united-states-code/title-16/section-396a-lease-of-lands-to-native-hawaiians-residence-requirements-fishing--5e21616492.md
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Source location: Title 16, Chapter 1, § 396a; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section391b&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
Effective September 22, 1961, the portion of the Hawaii National Park situated on the island of Hawaii, established and administered pursuant to sections 391, 393, and 394 of this title, as amended and supplemented, shall be known as the Hawaiʻi Volcanoes National Park.
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Federal law — U.S. Code and appendices · legal_authorities
When title to all or any of the following-described lands on the island of Hawaii, in the Territory of Hawaii, shall be vested in the United States, such lands shall be, and the same are, added to and made a part of the Hawaii National Park:
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Federal law — U.S. Code and appendices · legal_authorities
Page 210
TITLE 16—CONSERVATION
§§ 395e to 395j
1 See References in Text note below.
provisions of this Act, and upon conviction
under this Act of such person or persons using
said guns, traps, teams, horses, or other means
of transportation, such forfeiture shall be adju-
dicated as a penalty in addition to the other
punishment provided in this Act. Such forfeited
property shall be disposed of and accounted for
by and under the authority of the Secretary of
the Interior.
(Apr. 19, 1930, ch. 200, § 5, 46 Stat. 228.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 19, 1930,
which is classified to section 395 to 395j of this title.
For complete classification of this Act to the Code, see
Tables.
Statutory Notes and Related Subsidiaries
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situ-
ated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961, see section 391d of this
title.
HALEAKALA¯ NATIONAL PARK
Establishment of detached portion of Hawaii Na-
tional Park lying on island of Maui as Haleakala¯ Na-
tional Park, effective July 1, 1961, see section 396b of
this title.
§§ 395e to 395j. Repealed. June 25, 1948, ch. 646,
§ 39, 62 Stat. 992, eff. Sept. 1, 1948
Section 395e, acts Apr. 19, 1930, ch. 200, § 6, 46 Stat. 228;
June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch.
778, § 1, 52 Stat. 1213; Apr. 21, 1948, ch. 223, § 2, 62 Stat.
196, related to appointment and jurisdiction of United
States commissioners. See provisions covering United
States magistrate judges in section 631 et seq. of Title
28, Judiciary and Judicial Procedure.
Section 395f, act Apr. 19, 1930, ch. 200, § 7, 46 Stat. 228,
related to issuance of process. See sections 3041 and
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