Md. Code Regs. 34.04.06.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 34.04.06.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Advisory Committee on Archeology" means the Advisory Committee on Archeology established by State Finance and Procurement Article, § 5A-336, Annotated Code of Maryland.

(2) "Associated funerary object" or "object" means:

(a) An item of human manufacture or use that is intentionally placed with human remains:

(i) In a burial site at the time of interment; or

(ii) After interment as a part of a death ceremony of a culture, religion, or group; or

(b) A gravestone, monument, tomb, or other structure in or directly associated with a burial site.

(3) "Burial Committee" means a Burial Sites and Objects Review Committee appointed in accordance with Regulation .04 of this chapter.

(4) "Commission on Indian Affairs" means the Commission on Indian Affairs established by State Government Article, § 9.5-302, Annotated Code of Maryland.

(5) Cultural Affiliation.

(a) "Cultural affiliation" means a relationship of shared group identity or culture that can reasonably be traced historically or prehistorically between a present-day community and an identifiable earlier community.

(b) For a Native American tribe, "cultural affiliation" includes a shared group identity that can be traced between a present-day Native American tribe and an earlier Native American group, such as by establishing that the tribe has been identified from historic or prehistoric times to the present as descending from members of the earlier Native American group, if the earlier Native American group:

(i) Was a population biologically distinct from other contemporaneous Native American groups; or

(ii) Is identified in the archeological record by distinct patterns of material culture manufacture and distribution methods.

(6) "Director" means the Director of the Maryland Historical Trust.

(7) "Ethnic associated funerary object" means an associated funerary object that is identified in the inventory as being associated with a community that is represented by an ethnic commission.

(8) "Ethnic commission" means:

(a) The Commission on Indian Affairs;

(b) The Governor's Commission on Asian Pacific American Affairs reestablished by Executive Order 01.01.2007.19;

(c) The Governor's Commission on Hispanic Affairs reestablished by Executive Order 01.01.2007.21;

(d) The Governor's Commission on Middle Eastern American Affairs established by Executive Order 01.01.2007.22;

(e) The Governor's Commission on South Asian American Affairs established by Executive Order 01.01.2012.17; or

(f) The Commission on African American History and Culture established by State Government Article, § 9.5-402, Annotated Code of Maryland.

(9) "Ethnic remains" means human remains that are identified in the inventory as being associated with a community that is represented by an ethnic commission.

(10) "Human remains" or "remains" means any part of the body of a deceased human being in any state of decomposition.

(11) "Inventory" means the inventory of human remains and associated funerary objects completed and maintained by the Trust in accordance with Regulation .05 of this chapter.

(12) Lineal Descendant.

(a) "Lineal descendant" means a person who, with respect to another person, is in a direct line of ancestry to that other person such as a child, grandchild, great-grandchild, and on forever.

(b) For a Native American individual, "lineal descendant" includes a person who can be traced to another by means of the traditional kinship system used by the Native American tribe of which the person is a member.

(13) "Maryland Historical Trust" or the "Trust" means the Maryland Historical Trust established by State Finance and Procurement Article, § 5A-310, Annotated Code of Maryland.

(14) "Native American" means of, or relating to, a tribe, band, clan, group, people, or culture indigenous to the United States of America.

(15) "Native American tribe" means a tribe, band, clan, or group of Native Americans which:

(a) Meets the requirements for recognition as an Indian tribe under the provisions of the federal Native American Grave Protection and Repatriation Act, 25 U.S.C. §§ 3001 - 3013;

(b) Has obtained recognition of Maryland Indian status in accordance with State Government Article, § 9.5-309, Annotated Code of Maryland; or

(c) Has been granted recognition of Native American or Indian status by another state of the United States.

(16) "Requester" means a person, group, museum, institution, or organization that requests the transfer of human remains or an associated funerary object under Regulation .07 or .09 of this chapter.

(17) "Secretary" means the Secretary of Planning.

Md. Code Regs. 34.04.06.02

Regulation .02 adopted effective 48:13 Md. R. R. 510, eff. 6/28/2021