Title 12, Conservation And Resources

§180-14 State agencies to cooperate. Agencies of the state government, or other governmental subdivisions of the State, which have jurisdiction over publicly owned lands lying within any soil and water conservation district, may cooperate with the district in the effectuation of …

§180-15 Discontinuance of districts. At any time after five years after the organization of a district under this chapter, any occupiers of land representing twenty-five or more votes lying within the district may petition the department of land and natural resources to terminate…

§180-16 Budget. The department of land and natural resources shall submit to the director of finance, annually the budgetary estimates and information required by chapter 37, and shall include therein estimates of the financial requirements of the department. All contributions, m…

§180-2 General powers and duties of department. The department of land and natural resources shall keep a record of its official actions and may perform acts and adopt rules as may be necessary for the execution of its functions under this chapter. It may call upon the attorney g…

§180-3 Additional powers and duties of department. The department of land and natural resources may:

§180-4 Creation of soil and water conservation districts; petition. Occupiers of land representing a total of twenty-five or more votes lying within an area proposed to be organized into a district may file a petition with the department of land and natural resources asking that …

§180-5 Hearing on petition. Within thirty days after the filing of such a petition, the department of land and natural resources shall cause due notice to be given of a public meeting to consider the question of the need for the creation of the district, whether local public sent…

§180-6 Referendum on creation; election of officers. After the department of land and natural resources has determined that there is need for and local public sentiment is in favor of the creation of a proposed district it shall, within a reasonable time, give due notice of and h…

§180-7 Determining feasibility of operation of district. The department of land and natural resources shall, within a reasonable time thereafter, determine whether the operation of the proposed district would be administratively practicable and feasible; provided that it shall no…

§180-8 Organization of district. To complete the organization of the district, the department of land and natural resources shall present to the lieutenant governor a statement setting out the name of the district and its boundaries, and certifying that the procedures prescribed …

§180-9 Renewal of petition to create. After six months after the date of a determination by the department of land and natural resources that the operation of a proposed district would not be administratively practicable and feasible, subsequent petitions covering the same or sub…

[§180C-1] Definitions. "Conservation plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity. "Conservation standards" or "standards" means standards adopted within ninety days of the passage of this chapter by the depar…

[§180C-2] Erosion and sediment control. (a) The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment. (b) The ordinance f…

[§180C-3] Limitation of enactment of ordinances. The counties shall enact ordinances within one year from June 15, 1974. [L 1974, c 249, pt of §2]

[§180C-4] Department of health. The department of health shall adopt conservation standards within ninety days after passage of this chapter. Upon the failure of any county or counties to enact soil erosion and sediment control ordinances within one year from the date of this bil…

§181-1 Definitions. Whenever used in this chapter, unless a different meaning is plainly required by the context: "Board" means the board of land and natural resources. "Mineral" or "minerals" means any or all of the oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gol…

§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…

§181-2 Powers of board. (a) The board of land and natural resources shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4. The bo…

§181-3 Prohibitions. (a) It shall be unlawful for any person to engage in strip mining without first obtaining from the board of land and natural resources a permit so to do, in the form hereinafter provided. (b) It shall be unlawful for any operator to cause or permit any poison…

§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 …

§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 pr…

§181-6 Reclamation. (a) Prior to the commencement of any strip mining the operator shall submit to the board of land and natural resources a plan, which must be approved in writing, or approved as amended, which plan shall include, inter alia, a contour basis for the mining opera…

§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 natura…

§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 th…

§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 t…

§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…

PART I. GENERAL §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]

§183-1.5 Duties in general. The department shall: