§171-100  Successor determination program. 
(a)  The office of Hawaiian affairs may establish a successor determination
program to assist persons with an interest or presumed interest in a nine
hundred ninety-nine-year homestead lease to determine their legal interests
under the provisions of section 171-99(e).



(b)  The successor determination program may
provide:



(1)  Genealogy data and information;



(2)  Assistance and guidance regarding genealogy
research;



(3)  Research services;



(4)  Mediation services; and



(5)  Binding and nonbinding arbitration.



(c)  The arbitration program shall:



(1)  Establish a panel of persons knowledgeable in
matters of genealogy who will be available as arbitrators for the arbitration
program;



(2)  Within one hundred twenty days of April 24,
1995, adopt written procedures under chapter 91 for the conduct of arbitrations
under this section; provided that if no such written procedures are adopted
within one hundred twenty days, the commercial arbitration rules of the American
Arbitration Association shall apply to the extent not inconsistent with this
section until such time as other written procedures are adopted; provided
further that any proceedings that are commenced under the commercial
arbitration rules of the American Arbitration Association shall be completed
under those rules;



(3)  Provide for notice of the arbitration proceeding
in the same manner as required for a probate court determination of heirs;



(4)  Provide an opportunity for all persons claiming
an interest in the subject nine hundred ninety-nine-year leasehold to
participate;



(5)  Provide for binding arbitration if all
participants who respond to a notice of arbitration indicate that they desire
the arbitration to be binding.  If any participant fails to indicate, or
indicates that the participant desires nonbinding arbitration, the arbitration
shall be nonbinding;



(6)  Apply section 171-99(e), to determine the legal
interests of the participants in the subject nine hundred ninety-nine-year
lease;



(7)  Provide a written arbitration award setting forth
the legal interests of the participants in the subject nine hundred
ninety-nine-year lease; and



(8)  Conduct arbitrations under and subject to chapter
658A, and subject to confirmation by the circuit court upon application of any
participant in the arbitration pursuant to section 658A-22. [L 1995, c 30, §2;
am L 2001, c 265, §2]