§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 land and natural resources 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 such information and maps as the board may by
regulation prescribe.  The board may grant a mining lease on reserved lands in
accordance with section 182-4, or the board may, by the vote of two-thirds of
its members to which the board is entitled, without public auction, grant a
mining lease on reserved lands to the occupier thereof.  Such 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 such 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;
however, the granting of a geothermal mining lease does not create the
presumption that a geothermal resource subzone will be designated, nor shall
geothermal development activities occur on land within the geothermal mining
lease until the area is designated a geothermal resource subzone.  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]