Native Hawaiian
Defined in 2 dictionaries — Case Law, U.S. Code
Definitions from Case Law
From 528 U.S. 495 - Rice v. Cayetano · 2000Most cited · 338 citing opinions
any descendant of not less than one-half part of the races inhabiting the Hawaiian Islands previous to 1778, as defined by the Hawaiian Homes Commission Act, 1920, as amended; provided that the term identically refers to the descendants of such blood quantum of such aboriginal peoples which exercised sovereignty and subsisted in the Hawaiian Islands in 1778 and which peoples thereafter continued to reside in Hawaii." Ibid.
United States Code
12 U.S.C. § 1715Z — for purposes of this section (2 versions over time)
The term “native Hawaiian” means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands before January 1, 1778, or, in the case of an individual who is awarded an interest in a lease of Hawaiian home lands through transfer or succession, such lower percentage as may be established for such transfer or succession under section 208 or 209 of the Hawaiian Homes Commission Act of 1920 (42 Stat. 111), or under the corresponding provision of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved March 18, 1959 (73 Stat. 5).
12 U.S.C. § 1715Z — in this section
The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people, who, prior to 1778, occupied and exercised sovereignty in the area that currently constitutes the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) verification by kupuna (elders) or kama'aina (long-term community residents); or
(iii) birth records of the State of Hawaii.
16 U.S.C. § 470W — as used in this subchapter
“Native Hawaiian” means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.
20 U.S.C. § 2326 — in this section
The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
20 U.S.C. § 4402 — in this section
The term “Native Hawaiian” means any descendent of a person who, prior to 1778, was a native of the Hawaiian Islands.
20 U.S.C. § 7265E — in this subpart (3 versions over time)
The term "Native Hawaiian" has the meaning given that term in section 7517 of this title.
20 U.S.C. § 7517 — in this part
The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
20 U.S.C. § 80Q — as used in this subchapter
the term “Native Hawaiian” means a member or descendant of the aboriginal people who, before 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.