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PARRIS N. GLENDENING, Governor
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H.B. 342
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(b) (1) The Commission shall adopt regulations and procedures necessary to
carry out the provisions of this section in accordance with the provisions of Title 10,
Subtitle 1 of the State Government Article.
(2) The regulations shall address the application process and
genealogical 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 1790;
(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] SHALL SUBMIT TO THE SECRETARY, FOR
TRANSMITTAL TO THE GOVERNOR, A RECOMMENDATION FOR formal recognition [to
the Governor].
(2) WITHIN 60 DAYS OF RECEIVING THE COMMISSION'S
RECOMMENDATION, THE SECRETARY SHALL TRANSMIT THE RECOMMENDATION FOR
FORMAL RECOGNITION TO THE GOVERNOR
[(2)] (3) 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] WITHIN 120 DAYS OF RECEIVING the
Commission's recommendation, the Governor [may propose] SHALL FORMALLY
RECOGNIZE SHALL:
(I) GRANT FORMAL RECOGNITION OF MARYLAND INDIAN STATUS,
by executive [order to provide formal recognition to] ORDER, TO the particular tribe,
band, group, or clan AS RECOMMENDED BY THE COMMISSION; OR
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- 5081 -
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