Hawaii Revised Statutes 182. Reservation and Disposition of Government Mineral Rights

  • 182-1 Definitions.
    In this chapter, if not inconsistent with the context: "Board" means the board of land and natural resources. "Force majeure" means any fire, explosion,...
  • 182-2 Mineral Rights Reserved to the State.
    (a) All minerals in, on, or under state lands or lands which hereafter become state lands are reserved to the State; provided that the...
  • 182-3 Bond; Compensation to Occupiers.
    (a) Every lessee of a mining lease granted under this chapter and every assignee thereof shall file with the board of land and natural...
  • 182-4 Mining Leases on State Lands.
    (a) If any mineral is discovered or known to exist on state lands, any interested person may notify the board of land and natural...
  • 182-5 Mining Leases on Reserved Lands.
    If any mineral is discovered or known to exist on reserved lands, any interested person may notify the board of land and natural resources...
  • 182-6 Exploration.
    Any person wishing to conduct exploration on state lands shall apply to the board of land and natural resources who shall issue exploration permits...
  • 182-7 Lease.
    (a) Prior to the public auction contemplated in section 182-4 or 182-5, or the granting of mining lease without public auction contemplated in section...
  • 182-8 Number of Leases; Acreage Limitations; Area Covered by Lease.
    The board is authorized to impose a limitation on the number of leases or acres which a mining lessee or the mining lessee's transferee...
  • 182-9 Deposit; First Year's Rental.
    All bidders shall prior to the date of public auction post with the board of land and natural resources a deposit of $500. The...
  • 182-9.5 Unitization.
    Upon motion by the board or petition filed by any mining lessee, the board, in its discretion, may order such lessees or owners of...
  • 182-10 Revocation of Mining Leases.
    A mining lease may be revoked if the lessee fails to pay rentals when due or if any of the terms of the lease...
  • 182-11 Assignment.
    Any mining lease may be assigned in whole or in part, subject to the approval of the board of land and natural resources, to...
  • 182-12 Acquisition of Rights-Of-way.
    The State may, at its discretion, acquire by eminent domain, by negotiation or otherwise, such real property, rights-of-way, and interest in, over, across, under,...
  • 182-13 Surrender of Mining Leases.
    Any lessee of a mining lease, who has complied fully with all the terms, covenants, and conditions of the existing lease, may, with the...
  • 182-14 Rules and Regulations.
    Subject to chapter 91, the board of land and natural resources may make, promulgate and amend such rules and regulations as it deems necessary...
  • 182-15 Other Use of Surface of State Lands.
    Where mining leases are granted on state lands, the board of land and natural resources may reserve to the State the right to lease,...
  • 182-16 Levy and Assessment of General Excise Tax.
    Notwithstanding any provision to the contrary, the levy and assessment of the general excise tax on the gross proceeds from any manner of sale...
  • 182-17 Penalty for Violation.
    Any person who violates any provision of this chapter, or any regulation adopted pursuant hereto, shall be fined not more than $500 for each...
  • 182-18 Geothermal Royalties.
    (a) The board shall fix the payment of royalties to the State for the utilization of geothermal resources at a rate which will encourage...

Note

Consultation and public input from Native Hawaiian community and general public when developing geothermal energy resources with public land trust lands. L 2012, c 193, 2.

Cross References

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

Attorney General Opinions

Section 206 of the Hawaiian Homes Commission Act controls over the provisions of this chapter as applied to Hawaiian home lands, and the department of Hawaiian home lands has the authority to manage and dispose of geothermal resources on its lands. Att. Gen. Op. 14-1.

Law Journals and Reviews

Comment, Ownership of Geothermal Resources in Hawaii. 1 UH L. Rev. 69.

Last modified: October 27, 2016