reglab/housing_qa huggingface dataset:
HI Rev Stat § 181-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-8 Appeal.

  §181-8 Appeal. Any operator aggrieved by any decision, order, or action of the board of land and natural resources refusing, modifying, suspending, canceling, or revoking a permit or disapproving an amended plan of reclamation may appeal from such decision, order, or action to the circuit environmental court of the circuit in which is located any part of the land described in the permit. The appeal shall be governed by the provisions of rule 72 of the Hawaii rules of civil procedure and chapter 91. The appellant shall file a bond with the clerk of the circuit environmental court to which the appeal is taken, in such amount and with such surety or sureties as the clerk may fix and prescribe, conditioned to pay all costs if the appeal be decided adversely to the appellant. On motion of the board the environmental court may require the penalty of the bond to be increased to such amount and to be so conditioned that the operator filing the appeal shall be bound to perform all requirements of this chapter. The environmental court shall have the power to reverse, affirm, or modify in whole or part, the decision, order, or action appealed from. [L 1957, c 161, §9; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; am L 1965, c 96, §80; Supp, §98C-9; HRS §181-8; am L 2014, c 218, §8]
HI Rev Stat § 181-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-9 Penalty; injunction.

  §181-9 Penalty; injunction. Any person violating section 181-3(a) shall forfeit to the State not more than $5,000 for every violation, to be recovered by action brought in the name of the State by the board of land and natural resources. Any person violating section 181-3(a) or this chapter or any permit issued pursuant thereto may be enjoined by the circuit environmental court from continuing the violation. The penalty and remedy provided by this section shall be in addition to any criminal or civil penalty provided by any other law. [L 1957, c 161, §10; am L 1959, c 20, §7; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-10; HRS §181-9; am L 2014, c 218, §8]
HI Rev Stat § 181-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|181. Strip Mining|181-10 Funds.

  §181-10 Funds. All fees and fines collected under this chapter and all moneys forfeited under any bond or deposit shall be paid into the treasury of the State as general realizations. [L 1957, c 161, §11; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-11; HRS §181-10; am L 1993, c 280, §50]
HI Rev Stat § 182-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-2 Mineral rights reserved to the State.

  §182-2 Mineral rights reserved to the State. (a) All minerals in, on, or under state lands or reserved lands are reserved to the State; provided that the board may release, cancel, or waive the reservation whenever it deems the land use, other than mining, is of greater benefit to the State as provided for in section 182-4. The minerals are reserved from sale or lease except as provided in this chapter. A purchaser or lessee of the lands shall acquire no right, title, or interest in or to the minerals. The right of the purchaser or lessee shall be subject to the reservation of all the minerals and to the conditions and limitations prescribed by law providing for the State and persons authorized by it to prospect for, mine, and remove the minerals, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of the minerals therefrom by any means whatsoever.  (b) Subject to subsection (a), all land patents, leases, grants, or other conveyance of state lands shall be subject to and contain a reservation to the State of all the minerals, and shall also contain a reservation to the State, and persons authorized by it, of the right to prospect for, mine, and remove the minerals by deep mining, strip mining, drilling, and any other means whatsoever, and to occupy and use so much of the surface as may be required therefor. [L 1963, c 11, pt of §1; Supp, §99A-2; HRS §182-2; am L 2016, c 220, §3] Cross References  General authority, see §26-15.  Other general provisions, see §171-58. Law Journals and Reviews  Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013). Case Notes  Reservation as self-effectuating. 49 H. 429, 440, 421 P.2d 570.
HI Rev Stat § 182-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-3 Bond; compensation to occupiers.

  §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 a bond, in a form and in an amount approved by the board, made payable to the State and which shall be conditioned upon the faithful performance by the lessee of all the requirements of this chapter and of the mining lease, and also conditioned upon the full payment by the lessee of all damages suffered by the occupiers hereinunder mentioned. If the State sells or leases its mineral rights on land which it or its predecessors in interest have granted or leased, or which it may hereafter sell or lease, and the land thereof including any crops or improvements is damaged by any mining or other incidental operations, including exploratory work, or by the failure of the lessee of the mining lease to properly restore the land after termination of the operations, the occupier shall be reimbursed the full extent of the damages caused by the mining operations of the lessee to be allocated between the lessee and the fee owner in accordance with the lease terms, if any.  (b) Nothing herein shall be construed to prevent the occupier from demanding and receiving rentals from the lessee of the mining lease or to forbid and prevent the occupier and the lessee from agreeing upon the amount of damages to be paid and the terms and conditions of payment. The occupier may in writing before or within thirty days after the public auction notify the board that the occupier elects to have the amount of damages and the amount of rentals to be paid as a result of the mining lease determined by arbitration with the successful bidder. In such event, the occupier shall notify the successful bidder of the occupier's election to arbitrate, and the arbitration shall proceed in accordance with chapter 658A. The arbitrators in fixing the amount of damages to be paid to the occupier shall award the occupier the amount which in their judgment shall fairly compensate the occupier for the damages the occupier may suffer to the occupier's crops or improvements or to the surface or condition of the occupier's land caused by the mining or other incidental operations, including exploratory work, and a reasonable rental for the use of the surface. [L 1963, c 11, pt of §1; Supp, §99A-3; HRS §182-3; am L 1978, c 135, §2; gen ch 1985; am L 2001, c 265, §4; am L 2016, c 220, §10]
HI Rev Stat § 182-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-5 Mining leases on reserved lands.

  §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 the person's desire to apply for a mining lease. The notice shall be accompanied by a fee of $100 together with a description of the land desired to be leased and the minerals involved and information and maps as the board may by rule prescribe. The board may grant a mining lease on reserved lands in accordance with section 182-4, or the board by the vote of two-thirds of the members to which the board is entitled, without public auction, may grant a mining lease on reserved lands to the occupier thereof. A mining lease may be granted to a person other than the occupier if the occupier has assigned the occupier's rights to apply for a mining lease to another person, in which case only an assignee may be granted a mining lease. Any provisions to the contrary notwithstanding, if the board decides that it is appropriate to grant a geothermal mining lease on the reserved lands, the surface owner or the owner's assignee shall have the first right of refusal for a mining lease. If the occupier or the occupier's assignee of the right to obtain a mining lease should fail to apply for a mining lease within six months from the date of notice from the board of a finding by the board that it is in the public interest that the minerals on the reserved lands be mined, a mining lease shall be granted under section 182-4; provided that bidders at the public auction shall bid on an amount to be paid to the State for a mining lease granting to the lessee the right to exploit minerals reserved to the State. [L 1963, c 11, pt of §1; Supp, §99A-5; HRS §182-5; am L 1978, c 135, §4; gen ch 1985; am L 1988, c 378, §2; am L 2012, c 97, §3; am L 2016, c 220, §5]
HI Rev Stat § 182-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-6 Exploration.

  §182-6 Exploration. Any person wishing to conduct geothermal or mineral exploration on state lands or reserved lands shall apply to the board, which shall issue exploration permits upon terms and conditions as it shall by rule prescribe. During and as a result of the exploration, no minerals of types and quantity beyond that reasonably required for testing and analysis shall be extracted and removed from the state lands or reserved lands. Upon termination of the exploration permit, all exploration data, including but not limited to the drill logs and the results of the assays resulting from the exploration, shall be turned over to the board and kept confidential by the board. If the person does not make application for a mining lease of the lands within a period of six months from the date the information is turned over to the board, the board in its discretion need not keep the information confidential.  This section shall be construed as authorizing the board to issue an exploration permit for geothermal resources as well as minerals. [L 1963, c 11, pt of §1; Supp, §99A-6; HRS §182-6; am L 2012, c 97, §4; am L 2016, c 220, §6]
HI Rev Stat § 182-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-8 Number of leases; acreage limitations; area covered by lease.

  §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 may hold under such terms and conditions as the board determines to be in the best interest of the State. No lease shall grant and include an area of land exceeding four square miles of contiguous land, in which the longest dimension of the area demised shall exceed its narrowest dimension by more than six times unless otherwise approved by the board. [L 1963, c 11, pt of §1; Supp, §99A-8; HRS §182-8; am L 1978, c 135, §6; gen ch 1985]
HI Rev Stat § 182-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-9 Deposit; first year's rental.

  §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 board shall refund to unsuccessful bidders such amount within two days after the auction. All bidders, prior to the auction, shall satisfy the board of their financial ability to conduct mining operations and of their capability to develop a mine. The successful bidder shall pay to the board the amount of the first year's rental within two days after the acceptance of the bid by the board and the $500 deposit shall be credited against such sum. If the deposit exceeds the first year's rental, the excess shall be refunded. All rentals thereafter are payable in advance once a year. [L 1963, c 11, pt of §1; Supp, §99A-9; HRS §182-9]
HI Rev Stat § 182-9.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-9.5 Unitization.

  §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 mineral rights on adjoining properties to collectively adopt, and operate under, a cooperative or unit plan of development, if the board finds that such a plan will prevent the waste of any mineral, increase the ultimate recovery, avoid the drilling, digging, or excavating of any unnecessary well, or for such other reason that would encourage and promote the development of any mineral resource. [L 1978, c 135, §8]
HI Rev Stat § 182-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-10 Revocation of mining leases.

  §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 or of law are not complied with, or if the lessee wholly ceases all mining operations for other than reasons of force majeure or the uneconomic operation of the mining lease for a period of one year without the written consent of the board; provided that the board shall give the lessee notice of any default and the lessee shall have six months or such other time limit as provided by the rules from the date of the notice to remedy the default. [L 1963, c 11, pt of §1; Supp, §99A-10; HRS §182-10; am L 1978, c 135, §7; am L 2016, c 220, §8]
HI Rev Stat § 182-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-11 Assignment.

  §182-11 Assignment. Any mining lease may be assigned in whole or in part, subject to the approval of the board, to an assignee who shall have the same qualifications as any bidder for a mining lease. The assignee shall be bound by the terms of the lease to the extent as if the assignee were the original lessee. The approval of the assignment by the board shall release the assignor from any liabilities or duties under the mining lease as to the portion thereof assigned except for any liability or duty which arose prior to the approval of the assignment by the board and which remains unsatisfied or unperformed. [L 1963, c 11, pt of §1; Supp, §99A-11; HRS §182-11; am L 2016, c 220, §10]
HI Rev Stat § 182-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-12 Acquisition of rights-of-way.

  §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, and through any real property which may be necessary for the transportation or communication facilities in connection with any mining operations and may assign, lease, or otherwise transfer such property or rights to persons or corporations engaged in mining operations. [L 1963, c 11, pt of §1; Supp, §99A-12; HRS §182-12]
HI Rev Stat § 182-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-13 Surrender of mining leases.

  §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 consent of the board, surrender at any time and from time to time all or any part of a mining lease or the land contained therein upon payments as consideration therefor two years' rent prorated upon the portion of the lease or land surrendered. The lessee shall thereupon be relieved of any further liability or duty with respect to the land or lease so surrendered; provided that nothing herein contained shall constitute a waiver of any liability or duty the lessee may have with respect to the land or lease surrendered as a result of any previous activities conducted on the land or under the lease. Upon the termination, cancellation, or surrender of any mining lease or any portion thereof, the lessee shall have the right to remove any and all equipment, buildings, and plants placed on the land surrendered by the holder of the mining lease. A mining lease may also be surrendered if as a result of a final determination by a court of competent jurisdiction, the lessee is found to have acquired no rights in or to the minerals on reserved lands, nor the right to exploit the same, pursuant to the lease, and, in such event, the lessee shall be reimbursed for rentals paid to the State pursuant to the lease. [L 1963, c 11, pt of §1; Supp, §99A-13; HRS §182-13; am L 2016, c 220, §10] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 182-14 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-14 Rules.

  §182-14 Rules. Subject to chapter 91, the board may adopt and amend rules as it deems necessary to carry out this chapter and to perform its duties thereunder, all commensurate with and for the purpose of protecting the public interest. All rules shall have the force and effect of law. [L 1963, c 11, pt of §1; Supp, §99A-14; HRS §182-14; am L 2016, c 220, §9]
HI Rev Stat § 182-15 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-15 Other use of surface of state lands.

  §182-15 Other use of surface of state lands. Where mining leases are granted on state lands, the board may reserve to the State the right to lease, sell, or otherwise dispose of the surface of the lands embraced within the lease. The lease, sale, or other disposal of the surface, if made, shall be subject to the rights of the holder of the mining lease. [L 1963, c 11, pt of §1; Supp, §99A-15; HRS §182-15; am L 2016, c 220, §10]
HI Rev Stat § 182-16 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-16 Levy and assessment of general excise tax.

  §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 of (1) geothermal resources or (2) electrical energy produced by the geothermal resources producer from such geothermal resources, shall be made only as a tax on the business of a producer, at the rate assessed producers, under section 237-13(2)(A). [L 1978, c 135, §10]
HI Rev Stat § 182-17 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-17 Penalty for violation.

  §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 offense. If any person after receiving written notice for a violation fails to cure such violation within such time and under such conditions as determined by the rules and regulations, such person shall be subject to a citation for a new and separate violation. There shall be a fine not more than $500 for each additional violation. [L 1978, c 135, §9]
HI Rev Stat § 182-18 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|182. Reservation and Disposition of Government Mineral Rights|182-18 Geothermal royalties.

  §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 the initial and continued production of such resources. With respect to all geothermal mining leases previously issued or to be issued, where the board determines that it is necessary to encourage the initial or continued production of geothermal resources, the board shall have the authority to waive royalty payments to the State for any fixed period of time up to but not exceeding eight years.  (b) The board shall adopt, amend, or repeal rules pursuant to chapter 91 to establish the basis upon which the amount and duration of royalty payments to the State will be fixed or waived. The board's assessment of each application shall include, but not be limited to, the examination of such factors as the progress of geothermal development taking place in the State at the time of the application, the technical and financial capabilities of the applicant to undertake the project, and the need for providing a financial incentive in order for the applicant to proceed. The granting of any favorable terms to an applicant for the payment of royalties under this section may be revoked by the board if the applicant fails to satisfy any of the terms and conditions established by the board, or if the applicant wholly ceases operations and for reasons other than events which are outside the control of the parties and which could not be avoided by the exercise of due care by the parties.  (c) The board shall submit a written report of all geothermal royalty dispositions to the legislature in accordance with section 171-29. [L 1985, c 138, §1] Cross References  Royalty to counties, see §182-7(c). Attorney General Opinions  Allocating royalties from geothermal developments on department of Hawaiian home lands (DHHL) lands to the board of land and natural resources or the counties violated §4 of the Admission Act and article XII, § §1 and 3 of the Hawaii constitution. It is clear from the Admission Act and the Hawaii constitution that the State has an obligation to manage such resources on Hawaiian home lands for the benefit of native Hawaiians pursuant to the Hawaiian Homes Commission Act (HHCA). Allocation of royalties from geothermal developments on DHHL lands to entities other than DHHL would be violations of both the Admission Act and the Hawaii constitution because those proceeds would not be available to DHHL to carry out the terms and conditions of the HHCA. Att. Gen. Op. 14-1.
HI Rev Stat § 183-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|183. Forest Reserves, Water Development, Zoning|183-1 Definitions.

  §183-1 Definitions. As used in this chapter, unless the context indicates otherwise:  "Board" means the board of land and natural resources.  "Department" means the department of land and natural resources. [L 1981, c 85, §2; am L 1985, c 174, §1] Revision Note  This section is new. Former §183-1 renumbered as 183-1.5.