Title 9.5. Governor's Office of Community Initiatives — Subtitle 3. Commission on Indian Affairs

“Indian” means an individual or community that is, or whose members are, descended from a tribe that inhabited North America before European contact.

“Indian” includes a Native American Indian, a North American Indian, an American Indian, and an aboriginal American.

The Commission consists of nine members appointed by the Governor with the advice and consent of the Senate.

Of the nine Commission members:

have a demonstrable knowledge of Indian culture and history; and

be sensitive to the problems of Indian communities.

An applicant for membership on the Commission shall submit under oath a list of the applicant’s qualifications, including:

An applicant for membership on the Commission as an Indian member shall submit documentation or proof of Indian status under the sworn and notarized signature of the custodian of records of the membership rolls of that Indian’s community.

The Governor may require the production of any other documents to prove:

The term of a member is 3 years.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

A member may not serve more than 6 years consecutively.

may not receive compensation as a member of the Commission; but

may receive reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

With the approval of the Governor, the Commission shall appoint an administrator.

The administrator may not be a member of the Commission.

The administrator serves at the pleasure of the Commission, subject to the concurrence of the Governor.

administer the activities of the Commission; and

supervise the appointment and removal of personnel whom the Commission employs.

Cherokees;

Chippewas;

Choptanks;

Creeks;

Crees;

Delawares;

Haliwas;

Lumbees;

Nanticokes;

Piscataways;

Potomacs;

Rappahannocks;

Seminoles;

Susquehannas; and

Wicomicos;

The Commission may seek money from the federal government, foundations, and private sources in addition to State financing.

The Commission may accept gifts, grants, donations, bequests, or endowments for any of its purposes.

If the Commission finds that a petitioning group meets the requirements for recognition, the Commission may recommend to the Governor that it be granted recognition of Maryland Indian status.

A member of the Commission may not vote or participate in deliberations on an application for recognition of Maryland Indian status made by the petitioning group to which the member belongs.

The Governor may issue an executive order providing recognition of Maryland Indian status to the petitioning group.

The executive order:

This section does not:

The power to establish standards for membership in an Indian community is reserved to the community.

An act or failure to act by the Commission under this section does not create a private cause of action under State law.

In accordance with Title 10, Subtitle 1 of this article, the Commission shall adopt regulations to carry out §§ 9.5–309 and 9.5–310 of this subtitle.

The regulations shall:

The standards adopted under subsection (a) of this section shall be generally consistent with the standards of the United States Bureau of Indian Affairs for tribal recognition by the United States.

The standards shall take into account the special circumstances of Indians indigenous to the State.

The standards shall require:

The Commission may adopt regulations to establish any other standards that the Commission considers necessary.

knowingly and willfully falsify or conceal a material fact by trick, scheme, or device;

make a false, fictitious, or fraudulent statement or representation; or

make or use a false writing or document knowing the writing or document contains a false, fictitious, or fraudulent statement or entry.