In this subtitle the following words have the meanings indicated.
“Commission” means the Commission on Indian Affairs.
“Community” means a tribe, band, group, or clan.
“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.
There is a Commission on Indian Affairs in the Governor’s Office of Community Initiatives.
The Commission consists of nine members appointed by the Governor with the advice and consent of the Senate.
Of the nine Commission members:
a majority shall be members of the Indian communities of the State; and
at least three shall be members of the Indian communities that are indigenous to the State.
Each member shall:
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:
educational history; and
employment background or other relevant experience.
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 qualifications of the applicant; or
the standing or history of the Indian community to which the applicant claims membership.
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.
The Commission shall elect annually a chair and a vice chair from among its members.
The Commission shall meet at the call of the chair, a majority of the members, or the Governor or the Governor’s designee.
A member of the Commission:
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.
The administrator is a special appointment in the State Personnel Management System.
Subject to the rules and policies of the Commission and the administrative supervision of the Governor or the Governor’s designee in accordance with this title, the administrator shall:
administer the activities of the Commission; and
supervise the appointment and removal of personnel whom the Commission employs.
The Commission shall:
initiate, direct, and coordinate projects that further the understanding of Indian history and culture;
survey historic buildings, sites, artifacts, archives, and repositories and publish and disseminate the results;
make a comprehensive study of the influence of indigenous Indian tribes and their influence on Maryland history and culture, including as subjects of the study:
Cherokees;
Chippewas;
Choptanks;
Creeks;
Crees;
Delawares;
Haliwas;
Lumbees;
Nanticokes;
Piscataways;
Potomacs;
Rappahannocks;
Seminoles;
Susquehannas; and
Wicomicos;
study the status of all Indian communities in the State and assist them in obtaining recognition from the federal government;
study the economic and social needs of Indians in the State and make recommendations to meet these needs;
locate, preserve, and disseminate to the public information about significant buildings and sites relating to Indian history and culture in the State; and
publish an annual report and any other material the Commission considers necessary.
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.
Money received under subsection (a) of this section and income and fees derived from educational materials and activities of the Commission are not subject to § 7–302 of the State Finance and Procurement Article.
Money maintained under this section is subject to audit by the State, including the Legislative Auditor.
Subject to the approval of the Governor, the Commission may by regulation establish a process for an Indian community that is indigenous to the State to apply to the Commission for recognition of Maryland Indian status.
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:
shall be submitted to the Joint Committee on Administrative, Executive, and Legislative Review; and
shall take effect 30 days after it is submitted.
This section does not:
create a right of ownership or any other right to land;
create a benefit or entitlement of any kind;
impair existing rights, benefits, or entitlements belonging to Indians living in the State;
impair existing judicial rulings of the State regarding Indians of the State; or
give the Commission the power to establish standards for membership in an Indian community.
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.
Before formal recognition of Maryland Indian status, members of the petitioning group shall submit an affidavit renouncing all tribal rights of ownership of land in the State.
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:
create the application process;
set genealogical standards; and
specify the standards to be satisfied by an Indian community applying for formal recognition of Maryland Indian status.
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:
that the petitioning group be identified from historical times until the present as Indian;
that the members of the petitioning group be descendants from an Indian tribe that existed historically and is indigenous to the State or derived from historical tribes that were indigenous to the State before 1790;
that the members of the petitioning group be descendants of an Indian tribe that historically inhabited a specific area in the State before 1790; and
that the membership of the petitioning group be composed principally of individuals who are not members of any other Indian community.
The Commission may adopt regulations to establish any other standards that the Commission considers necessary.
In a matter within the scope of this subtitle, a person may not:
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.
Except as otherwise provided by law, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.