The Commission may recommend that an eligible petitioning group be formally recognized under Regulation .08 of this chapter as a Maryland Indian tribe, band, group, or clan if the petitioning group establishes, taking into account the special circumstances of Native Americans indigenous to Maryland, that:

1. A. The group has been:

   1. (1) Identified as Native American from before 1790 until the present, and
   2. (2) Part of a continuous Native American community from before 1790 until the present;

2. B. The members of the group are descendants from a tribe that:

   1. (1) Existed before 1790,
   2. (2) Is indigenous to Maryland, and
   3. (3) Inhabited a specific area in Maryland before 1790; and
3. C. The membership of the group is composed principally of persons who are not members of any other acknowledged or recognized Native American tribe, band, group, or clan.

Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;
Executive Order 01.01.07.2007.25

Effective date: May 11, 1992 (19:9 Md. R. 878)

Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)

Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007

Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)