reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 181. Strip Mining › 181-4 Application for permit; fee.

§181-4 Application for permit; fee.
(a) Any operator desiring to engage in strip mining shall make written application to the board of land and natural resources for a permit. Application for the permit shall be made upon the form furnished by the board, which form shall require a description of the pit with such particularity as the board may require, the approximate number of acres of mineral land that will be mined annually, the approximate date upon which mining operations shall commence and such other information as the board may require. The application shall be accompanied by an annual fee determined by the number of acres to be stripped in one year, as follows:
Less than ten acres................................... $100
Ten to twenty-four acres............................... 200
Twenty-five to forty-nine acres........................ 300
Fifty to ninety-nine acres............................. 400
One hundred acres..................................... 500
The application together with the proper fee shall also be accompanied by a bond meeting the requirements of section 181-5.
Upon receipt of the application, fee, and bond, the board shall issue a permit to the applicant which, upon the applicant's filing the plan required by subsection (a) of section 181-6 shall entitle the applicant for a period of one year next following to engage in strip mining of the land identified in the application in the manner and subject to the provisions set forth in the plan. The board shall refuse to issue a permit if the application is not in proper form or is not accompanied by the correct amount of the fee or if the bond does not meet the requirements of section 181-5.
(b) Each permit shall be renewed each year by the board upon receipt by it of the required annual fee and the filing of the bond required by section 181-5. The permit, whether originally issued or renewed, shall remain in effect until terminated through lapse of time, or suspended, revoked, or canceled by the board following a hearing as provided in subsection (b) of section 181-7, for failure of the operator to comply with the terms thereof or the requirements of this chapter. [L 1957, c 161, §5; am L 1959, c 20, §4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-5; HRS §181-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 181. Strip Mining › 181-5 Bond.

§181-5 Bond.
Contemporaneously with and as a condition precedent to the issuance of the permit, the operator shall file with the board of land and natural resources and thereafter shall keep in full force and effect until the operator shall be released therefrom as hereinafter provided, a bond payable to the State, conditioned that the operator shall faithfully and fully perform all duties and requirements to be performed and observed by the operator as provided in the permit and by this chapter. The bond shall be signed by the operator as principal and by a surety company authorized to do business in the State. The penalty of the bond shall be in an amount fixed by the board based on the reasonable cost of restoring and rehabilitating the land covered by the permit but not to exceed $300 an acre of land proposed thereafter by the operator to be subjected to strip mining for the ensuing year. The penalty of the bond shall from time to time be increased or reduced by the board pro tanto in accordance with the number of acres added to the land for strip mining operations or in accordance with the number of acres to which the bond is no longer operative because of the operator's withdrawal of acreage or by reason of the operator's performance of the operator's obligations subsequent to the issuance of the permit.
Any operator may execute the bond without surety if the operator deposits with the board cash in the amount of the bond fixed by the board as provided in this section covering the land proposed by the operator to be stripped in the ensuing year and the permit issued shall therefor be limited to the number of acres for which the deposit is made or may be increased later by the board on receipt by it of additional deposits. The deposits shall be retained by the board as a guaranty by the operator for the faithful performance of the operator's bond. Should the operator fail to carry out the requirements set forth in section 181-6 or to carry out the plan of reclamation, the board may cause them to be carried out and may use the funds deposited or may proceed against the bond to pay therefor. The board shall release any bond and shall repay any deposits no longer necessary to be maintained for the purposes of this chapter, upon showing by the operator that this chapter has been complied with. [L 1957, c 161, §6; am L 1959, c 20, §5; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-6; HRS §181-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 181. Strip Mining › 181-7 Termination, revocation of permit; release.

§181-7 Termination, revocation of permit; release.
(a) Any unexpired permit shall be effective only so long as the operator possesses the legal right and power by legal estate owned to strip mine from the land described in the permit. All authority of the board of land and natural resources to enforce the requirements prescribed in section 181-6 shall terminate within ten years after the end of the permit year in which strip mining was completed or abandoned upon the land unless before the end of the period he has served upon the operator written directions to comply therewith. The board shall release from the effect of this chapter, either by reason of compliance or limitation of time, all or any part of the land affected by this chapter by filing in the bureau of conveyances of the State, or in the office of the assistant registrar of the land court, or both, as appropriate, a written release in form prepared by the board.
(b) No permit shall be refused, modified, suspended, canceled, or revoked by the board until after a hearing on written charges has been had before the board after not less than ten days' written notice, fixing date and place of the hearing, has been given to the operator. [L 1957, c 161, §8; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-8; HRS §181-7; am L 1998, c 219, §4]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
Cross References
Administrative hearings generally, see chapter 91.
2023 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]
2023 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]
2023 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]
2023 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 (1966).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-1.5 Duties in general.

§183-1.5 Duties in general.
The department shall:
(1) Gather and compile information and statistics concerning the area, location, character, and increase and decrease of forests in the State;
(2) Gather and compile information as necessary concerning trees, plants, and shrubs recommended for planting in different localities, including the care and propagation of trees and shrubs for protective, productive, and aesthetic purposes and other useful information, which the department deems proper;
(3) Have the power to manage and regulate all lands which may be set apart as forest reserves;
(4) Devise ways and means of protecting, extending, increasing, and utilizing the forests and forest reserves, more particularly for protecting and developing the springs, streams, and sources of water supply to increase and make that water supply available for use;
(5) Devise and carry into operation, ways and means by which forests and forest reserves can, with due regard to the main objectives of title 12, be made self-supporting in whole or in part;
(6) Devise and carry into operation, ways and means of reforesting suitable state lands;
(7) Formulate and from time to time recommend to the governor and legislature such additional legislation as it deems necessary or desirable for better implementing the objectives of title 12;
(8) Publish, at the end of each year, a report of the expenditures and proceedings of the department and of the results achieved by the department, together with such other matters as are germane to the subject matter under title 12 and which the department deems proper. [L 1903, c 44, pt of §5; am L 1919, c 65, §1; RL 1925, §586; RL 1935, pt of §176; am L 1941, c 228, §1; RL 1945, pt of §1006; RL 1955, pt of §18-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-1; am L 1981, c 85, §3; am L 1985, c 174, §2; am L 1988, c 337, §6; am L 1990, c 315, §3]
Revision Note
This section is former §183-1.
Cross References
General authority, see §26-15.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-2 Rules.

§183-2 Rules.
Subject to chapter 91, the department shall adopt, amend, and repeal rules for and concerning the preservation, protection, regulation, extension, and utilization of forest reserves designated by the department.
All rules shall have the force and effect of law. [L 1903, c 44, pt of §5; am L 1913, c 36, §1; am L 1917, c 232, §1; RL 1925, pt of §586; am L 1927, c 54, pt of §2; RL 1935, pt of §176; RL 1945, pt of §1006; RL 1955, pt of §18-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; am L 1965, c 96, §13; HRS §183-2; am L 1981, c 85, §4; am L 1985, c 174, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-3 Administrator.

§183-3 Administrator.
The board shall:
(1) Appoint an administrator of forestry and wildlife, hereinafter called "administrator", who shall have charge, direction, and control (subject to the direction and control of the board) of all matters relating to forestry and wildlife management under title 12 and such other matters as the board may direct. The administrator shall be trained and educated in natural resource management;
(2) Appoint and remove foresters and wildlife biologists and such other persons as the board may employ. [L 1903, c 44, pt of §5; am L 1915, c 136, §4; RL 1925, pt of §586; am L 1927, c 54, §3; am L 1931, c 34, §1; RL 1935, pt of §176; RL 1945, pt of §1006; RL 1955, §18-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-3; am L 1975, c 111, §1; am L 1980, c 18, §1; am L 1981, c 85, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-11 Government land for forest reserves.

§183-11 Government land for forest reserves.
The governor may, with the approval of the department of land and natural resources, after a hearing or hearings as hereinafter provided, from time to time set apart any government land or lands, whether under lease or not, as forest reserves. On lands under lease the reserve shall not take effect until the expiration of the existing lease, or in any way affect the rights acquired under the lease. Any land or lands while so set apart shall not be leased or sold by the government or used in any way for any purposes inconsistent with this chapter. The governor may from time to time, with the approval of the department, after a hearing or hearings as hereinafter provided, revoke, modify, or suspend any and all [of] the orders and proclamations or any part thereof, which set apart the lands. [L 1903, c 44, §6; am L 1905, c 65, §1; am L 1907, c 4, §1; RL 1925, §588; RL 1935, §178; RL 1945, §1013; RL 1955, §19-1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-11; am L 1988, c 337, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-12 Notice of hearing.

§183-12 Notice of hearing.
Before setting apart any government lands under this chapter or before revoking, modifying, or suspending any orders and proclamations or any part thereof which set apart the lands as forest reserves, the governor shall give not less than fourteen days' public notice statewide of the governor's intention to consider either the setting apart of government land for forest reserves under this chapter, or the revoking, modifying, or suspending of any orders and proclamations or any part thereof which set apart the lands. The notice or notices shall contain the name or names of the island or islands and of the district or districts in which the land or lands are located and shall further appoint a time or times, place or places for hearing evidence and arguments either for or against the setting apart of the proposed forest reserves or the revoking, modifying, and suspending of any forest reserve made under this chapter. [L 1903, c 44, §8; am L 1905, c 65, §2; RL 1925, §590; RL 1935, §179; RL 1945, §1014; RL 1955, §19-2; HRS §183-12; gen ch 1985; am L 1988, c 337, §6; am L 1998, c 2, §46]
Cross References
Rulemaking procedure, see chapter 91.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-13 Hearing.

§183-13 Hearing.
At the time and place named, a full hearing shall be given by the department of land and natural resources, to all who desire to be heard upon the subject matter of the notice. The hearing shall be public, and shall be conducted under such rules as the department may adopt. [L 1903, c 44, §9; RL 1925, §591; RL 1935, §180; RL 1945, §1015; RL 1955, §19-3; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-13; am L 1988, c 337, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-14 Vested rights protected.

§183-14 Vested rights protected.
Nothing in sections 183-11 to 183-13 contained shall be held in any way to interfere or conflict with any vested rights under or arising out of any grant, lease, or license of or concerning any government lands or water rights, or rights-of-way. Nor shall anything in such sections contained be construed to change any rights in or concerning any water upon or flowing from or through any land set apart or surrendered as a forest reserve, or as depriving or limiting any state officer from exercising any existing power or authority or any power which may hereafter be created to deal with such water or water rights, or rights-of-way. [L 1903, c 44, §10; RL 1925, §592; RL 1935, §181; RL 1945, §1016; RL 1955, §19-4; HRS §183-14; am L 1988, c 337, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-15 Surrender of private land.

§183-15 Surrender of private land.
Any person may, on agreement with the department of land and natural resources, at any time surrender to the government the care, custody and control of any lands, whether held under lease or in fee, as forest or water reserve lands, either for a term of not less than twenty years, or forever. The surrender agreement may reserve to the surrendering party all, part, or none of the rights to the water located or arising on or flowing through such surrendered lands. The agreement shall be in writing and shall contain the proviso that the government may develop and improve the lands through plantings and erosion control and may construct such improvements thereon as may be allowed by the agreement. On any land that is surrendered after May 19, 1972, the government shall not retain title to any improvement, and the party surrendering shall not, at the end of the surrender period, be required to pay the government the value of any timber or other crops planted during the term of surrender.
No taxes shall be levied or collected on any private lands so surrendered so long as the land remains exclusively under the control of the government as a forest reserve; provided that if the lands so surrendered are withdrawn without the consent of the department prior to the expiration of the twenty-year period as provided for above, the tax exemption privilege shall be canceled retroactive to the date of the agreement of surrender and all taxes that would have been due shall be payable with a five per cent per annum penalty from the respective dates that these payments would have been due; provided that nothing herein shall be deemed to limit the power of the department to impose, as a condition to the granting of its consent, conditions, including, without limiting the generality of the foregoing, those relating to the use of such lands, and may also require the payment of a portion of the taxes that would have been due. Nothing in this paragraph shall preclude the State from pursuing any other remedy to enforce the agreement entered into at the time of surrender. [L 1903, c 44, §11; RL 1925, §593; RL 1935, §182; RL 1945, §1017; RL 1955, §19-5; am L 1957, c 234, §4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; am L 1965, c 265, §1; HRS §183-15; am L 1972, c 97, §1; am L 1988, c 337, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-16 Revenue from forest reserves.

§183-16 Revenue from forest reserves.
Any moneys accrued from:
(1) The harvest of non-native forest products from forest reserves;
(2) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves;
(3) The sale of forest products found dead and lying on the ground;
(4) The sale of tree seedlings from state nurseries;
(5) The sale of any other products or services, or anything of value derived from forest reserves not described above; or
(6) The imposition of fines or penalties for violations of this chapter and chapters 185 and 195F or any rule adopted thereunder,
shall be deposited into the forest stewardship fund. [L 1903, c 44, §12; RL 1925, §594; RL 1935, §183; RL 1945, §1018; RL 1955, §19-7; am L 1959, c 265, §3(a); am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §183-16; am L 1988, c 337, §6; am L 1997, c 256, §2; am L 1999, c 144, §2; am L 2006, c 174, §4]
Cross References
Forest stewardship fund, see §195F-4.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-16.5 Harvesting from state-owned lands.

§183-16.5 Harvesting from state-owned lands.
All harvesting of trees on public lands shall be done in accordance with a management plan approved by the board, and in accordance with the provisions regarding conservation of aquatic life, wildlife, and land plants, and the provisions regarding environmental impact statements. For any harvesting of native trees from public lands, the department shall use existing fire prevention and management programs and ensure that appropriate silvicultural practices are used to encourage native biodiversity and ecosystem processes. No native forests on public lands shall be converted to introduced forest plantations. [L 1997, c 256, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-17 Timber trespass in forest reserves.

§183-17 Timber trespass in forest reserves.
The cutting, killing, destroying, girdling, chopping, injuring, or otherwise damaging, or the removal of any timber, young tree growth, or products of tree growth on lands in the forest reserves belonging to the State, except as authorized by law or by permission from the department of land and natural resources, is prohibited. [L 1919, c 83, §1; RL 1925, §595; RL 1935, §184; RL 1945, §1019; RL 1955, §19-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-17; am L 1988, c 337, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-18 Criminal penalties.

§183-18 Criminal penalties.
(a) Unless otherwise specified, any person who violates a provision of this part or a rule adopted pursuant to this part shall be guilty of a petty misdemeanor. Authorized employees of the department acting within the scope of employment shall not be subject to the penalty provided for in this section. A person convicted of violating a provision of this part or a rule adopted pursuant to this part shall be sentenced, without the possibility of suspension of sentence, as follows:
(1) A mandatory fine of no less than $100, or imprisonment of no more than thirty days, or both, for a first offense, or any offense not preceded within a five-year period by a conviction for a prior offense;
(2) A mandatory fine of no less than $500, or by imprisonment of no more than thirty days, or both, for an offense that occurs within five years of a conviction for a prior offense; and
(3) A mandatory fine of $1,000, or imprisonment of no more than thirty days, or both, for an offense that occurs within five years of two or more convictions for prior offenses.
For purposes of this subsection, "offense" means a violation of any provision of this part or any rules adopted pursuant thereto.
(b) A person who is convicted of violating section 183-17 is guilty of a misdemeanor and shall be fined no more than $2,000, or imprisoned no more than one year, or both. [L 1919, c 83, §2; RL 1925, §596; RL 1935, §185; RL 1945, §1020; RL 1955, §19-9; HRS §183-18; am L 1981, c 85, §6; am L 2006, c 174, §2; am L 2021, c 193, §2]
Cross References
General penalties, see §183-5.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-19 Exclusion of livestock from forest reserves, game management areas, public hunting areas, and natural area reserves; notice.

§183-19 Exclusion of livestock from forest reserves, game management areas, public hunting areas, and natural area reserves; notice.
When branded wild cattle or horses are found on any forest land, game management area, public hunting area, or natural area reserve in the State, which land is duly set apart and established as a forest reserve, game management area, public hunting area, or natural area reserve, or if the land is privately owned and surrendered as defined in section 183-15, the department, in all cases where the land is so set apart and established as a forest reserve, game management area, public hunting area, or natural area reserve, whether from privately owned lands or public lands, may remove, shoot, or destroy the cattle or horses without compensation to the owner, after thirty days' public notice of the intended action in the county where the cattle or horses are found. [L 1903, c 44, pt of §5; am L 1919, c 65, pt of §1; RL 1925, §586, pt of subs 9; RL 1935, §192; RL 1945, §1027; RL 1955, §19-10; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-19; am L 1981, c 85, §7; am L 1983, c 59, §1; am L 1988, c 337, §3; am L 1998, c 2, §47]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 183. Forest Reserves, Water Development, Zoning › 183-20 Disposition.

§183-20 Disposition.
The department, at any time, without notice to the owners, may remove any and all cattle or horses found on any forest reserve, game management area, public hunting area, or natural area reserve and may hold and care for the cattle or horses in some convenient place, at the expense of the owners, subject to the lien for charges and expenses as herein provided. The owners of the cattle or horses shall pay to the department the actual expenses reasonably incurred, which shall include, but not be limited to, allowances for employees' wages, equipment cost, transportation cost, feeding cost, cost of public notice, and other costs related to the catching, driving, and transportation of animals. After the cattle or horses have been removed and held, the owners shall be notified personally of this fact, if the owners are known, and shall be notified of the total amount of the charges and expenses to be paid for the release of the cattle or horses.
When the owners are unknown or cannot be found, the department shall give public notice in the county in which the cattle or horses are held. The notice shall set forth the general description and the brands of all the cattle or horses so removed and held and shall notify the owners and the public generally that unless the charges and costs to be specified in the notice shall have been paid on or before the date therein specified, which date shall not be less than two weeks from the date of the last notice, the cattle or horses therein described shall be sold at public auction for cash to the highest bidder for the purpose of satisfying the lien on the same for the costs and charges in the notice set forth. The notice shall be given once a week for four consecutive weeks. If the charges and costs, together with any additional expenses that may have been incurred since the first notice, are not paid before the date stated in the notice, the cattle or horses on that date shall be sold and all charges and other expenses shall be satisfied out of the proceeds of the sale and the balance paid to the owner or owners of the cattle or horses. If no claim is made for any balance within sixty days after the date of sale, the balance shall be deposited in the treasury of the State as a government realization and all private rights therein and thereto shall be thereafter forever barred. [L 1921, c 222, pt of §2; RL 1925, §586, subs 10; am L 1927, c 54, §4; RL 1935, §193; RL 1945, §1028; RL 1955, §19-11; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1; HRS §183-20; am L 1981, c 85, §8; am L 1988, c 337, §4; am L 1998, c 2, §48]