§182-5  Mining leases on reserved lands. If any mineral is discovered or known to exist on reserved lands, anyinterested person may notify the board of land and natural resources of theperson's desire to apply for a mining lease.  The notice shall be accompaniedby a fee of $100 together with a description of the land desired to be leasedand the minerals involved and such information and maps as the board may byregulation prescribe.  The board may grant a mining lease on reserved lands inaccordance with section 182-4, or the board may, by the vote of two-thirds ofits members to which the board is entitled, without public auction, grant amining lease on reserved lands to the occupier thereof.  Such a mining leasemay be granted to a person other than the occupier if the occupier has assignedthe occupier's rights to apply for a mining lease to another person, in whichcase only such an assignee may be granted a mining lease.  Any provisions tothe contrary notwithstanding, if the board decides that it is appropriate togrant a geothermal mining lease on the reserved lands, the surface owner or theowner's assignee shall have the first right of refusal for a mining lease;however, the granting of a geothermal mining lease does not create thepresumption that a geothermal resource subzone will be designated, nor shallgeothermal development activities occur on land within the geothermal mininglease until the area is designated a geothermal resource subzone.  If theoccupier or the occupier's assignee of the right to obtain a mining leaseshould fail to apply for a mining lease within six months from the date ofnotice from the board of a finding by the board that it is in the publicinterest that the minerals on the reserved lands be mined, a mining lease shallbe granted under section 182-4; provided that bidders at the public auctionshall bid on an amount to be paid to the State for a mining lease granting tothe 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 L1988, c 378, §2]