WILLIAM DONALD SCHAEFER, Governor                   Ch. 765

(2)  THE REGULATIONS SHALL ADDRESS THE APPLICATION
PROCESS AND GENEOLOGICAL STANDARDS, AND SHALL SPECIFY THE
CRITERIA WHICH MUST BE SATISFIED BY A TRIBE, BAND, GROUP, OR CLAN
APPLYING FOR RECOGNITION.

(3)  THE CRITERIA SHALL BE GENERALLY CONSISTENT WITH
THE CRITERIA ESTABLISHED BY THE U.S. DEPARTMENT OF THE INTERIOR,
BUREAU OF INDIAN AFFAIRS, FOR TRIBAL RECOGNITION BY THE UNITED
STATES OF AMERICA, TAKING INTO ACCOUNT THE SPECIAL CIRCUMSTANCES
OF AMERICAN INDIANS INDIGENOUS TO MARYLAND AND SHALL INCLUDE THE
FOLLOWING CRITERIA:

(I)  THE PETITIONING GROUP HAS BEEN IDENTIFIED
FROM HISTORICAL TIMES UNTIL THE PRESENT AS "AMERICAN INDIAN" OR
"ABORIGINAL";

(II)  THE MEMBERS OF THE PETITIONING GROUP ARE
DESCENDANTS FROM A TRIBE THAT EXISTED HISTORICALLY AND IS EITHER
INDIGENOUS TO MARYLAND OR DERIVED FROM HISTORICAL TRIBES
INDIGENOUS TO MARYLAND PRIOR TO 1790;

(III)  THE MEMBERS OF THE PETITIONING GROUP ARE
DESCENDANTS OF AN INDIAN TRIBE THAT HISTORICALLY INHABITED A
SPECIFIC AREA IN MARYLAND PRIOR TO I790;"

(IV)  THE MEMBERSHIP OF THE PETITIONING GROUP IS
COMPOSED PRINCIPALLY OF PERSONS WHO ARE NOT MEMBERS OF ANY OTHER
NORTH AMERICAN TRIBE, BAND, GROUP, OR CLAN; AND

(V)  ANY OTHER CRITERIA THAT THE COMMISSION
CONSIDERS NECESSARY THROUGH REGULATIONS ADOPTED BY THE
COMMISSION.

(C)  (1) UPON THE COMMISSION'S DETERMINATION THAT A
PARTICULAR TRIBE, BAND, GROUP, OR CLAN HAS MET THE REQUIREMENTS
FOR RECOGNITION SET FORTH IN THE REGULATIONS, THE COMMISSION MAY
RECOMMEND FORMAL RECOGNITION TO THE GOVERNOR.

(2) A COMMISSIONER MAY NOT VOTE OR PARTICIPATE IN ANY
WAY IN THE DELIBERATIONS WITH RESPECT TO ANY APPLICATION FOR
FORMAL RECOGNITION OF MARYLAND INDIAN STATUS MADE BY AN INDIAN
TRIBE, BAND, GROUP, OR CLAN OF WHICH THE COMMISSIONER IS A
MEMBER.

(D)  (1) IF THE GOVERNOR CONCURS WITH THE COMMISSION'S
RECOMMENDATION, THE GOVERNOR MAY PROPOSE BY EXECUTIVE ORDER TO
PROVIDE FORMAL RECOGNITION TO THE PARTICULAR TRIBE, BANK BAND,
GROUP, OR CLAN.

(2) AN EXECUTIVE ORDER PROPOSED TO BE PROMULGATED
UNDER THIS SUBSECTION SHALL FIRST BE PRESENTED TO THE JOINT
COMMITTEE ON ADMINISTRATIVE, EXECUTIVE, AND LEGISLATIVE REVIEW

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