WILLIAM DONALD SCHAEFER, Governor

House Bill No. 126

AN ACT concerning

Commission on Indian Affairs - Recognition of
Maryland's American Indians

FOR the purpose of authorizing the Commission on Indian Affairs
to provide formal State recognition to certain native

American tribes, bands, or groups; specifying certain

criteria which must be proven to the satisfaction of the
Commission on Indian Affairs; authorizing the Commission to
adopt regulations and procedures to carry out the provisions
of this Act;

FOR the purpose of requiring the Commission on Indian Affairs to
identify and recognize each Native American nation, tribe,
band, clan, or other identifiable group that was indigenous
to Maryland in 1790, subject to a certain limitation;
requiring the Commission to propose a process, by a certain
date for determining which citizens of the State are
descendents of a Native American nation, tribe, band, clan,
or other group which is identified and recognized by the
Commission; authorizing the Commission on Indian Affairs to
establish a process to provide formal State recognition to
certain native American tribes, bands, groups, or clans;
modifying the membership criteria for members of the
Commission; establishing an application process for
recognition; creating certain criminal penalties; requiring
the adoption of criteria that must be proven to the
satisfaction of the Commission on Indian Affairs; requiring
the Commission to adopt regulations and procedures to carry
out the provisions of this Act; prohibiting a Commissioner
from voting or participating in certain ways with respect to
certain business of the Commission; providing for the
adoption of a certain executive order granting formal
recognition; providing for certain review of the executive
order by the Joint Committee on Administrative, Executive,
Legislative Review; providing that this Act is not intended
to create any rights of ownership or other rights to land,
or to create any benefits or entitlements of any kind, or to
impair any existing rights, benefits, or entitlements
belonging to American Indians residing in the State;
providing that any action or failure to take action by the
Commission under this Act does not create a private cause of
action under the laws of the State; requiring members of a
petitioning group to submit a certain affidavit prior to
formal recognition of Maryland Indian status; providing that
certain provisions of this Act may not impair certain
judicial rulings of the State; and generally relating to the
recognition of Maryland's American Indians.

- 5319 -