Terms Used In Hawaii Revised Statutes 182-5

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

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 § 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 § 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.