---
kind: "section"
citation: "16 U.S.C. § 396a"
title: "16"
title_heading: "Conservation"
number: "396a"
heading: "Lease of lands to native Hawaiians, residence requirements; fishing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/396a"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XLI — Hawaii National Park"
---

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

- (a) The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/391b.md), to [native](/usc/16/3102.md?p=16) 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](/usc/16/539m–1.md?p=1-A) as a part of the Hawaii National [Park](/usc/16/410r–5.md?p=c-3): 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](/usc/16/539m–1.md?p=1-A) only by [native](/usc/16/3102.md?p=16) Hawaiian residents of said [area](/usc/16/539m–1.md?p=1-A) or of adjacent villages and by visitors under their guidance.
- (b) The term “[native](/usc/16/3102.md?p=16) 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.

## Source credit

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

## Notes

### 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 Sept. 22, 1961, see section 391d of this title.