Title 12, Conservation And Resources

§182-1 Definitions. In this chapter, if not inconsistent with the context: "Board" means the board of land and natural resources. "Department" means the department of land and natural resources. "Force majeure" means any fire, explosion, flood, volcanic activity, seismic or tidal…

§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 …

§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 as…

§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 …

§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 l…

§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 o…

§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,…

[§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 reso…

[§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 …

[§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…

§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 t…

§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 f…

§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 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 t…

§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…

§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,…

§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 182-4 or 182-5, the board shall cause a mining lease for the land in question to be drawn. The lease shall describe…

§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 t…

§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 …

[§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, i…