Sec. 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 under State Finance and Procurement Article, §5A-336, Annotated Code of Maryland.

(2) "Appropriate place of repose" means a location where human remains are placed under conditions ensuring restricted access and observation and long-term preservation.

(3) "Associated funerary object" or "object" means an object that, as a part of a death rite or ceremony of a culture, is reasonably believed to have been intentionally placed with individual human remains at the time of death or later.

(4) "Burial Committee" means the Burial Sites and Objects Review Committee described in Regulation .10 of this chapter.

(5) Claimant.

(a) "Claimant" means a person, group, or entity that requests the transfer of human remains or associated funerary objects under these regulations.

(b) "Claimant" does not include institutions or organizations that request temporary transfer of human remains or associated funerary objects for the purpose of study.

(6) "Commission on Indian Affairs" or "Commission" means the Commission on Indian Affairs created under Human Services Article, §2-502, Annotated Code of Maryland.

(7) "Cultural affiliation" means a relationship of shared group identity which reasonably can be traced between a present day Native American tribe and an identifiable earlier Native American group or groups.

(8) "Disposition" means the relinquishment of ownership, possession, custody, or control to lineal descendants or culturally affiliated Native American tribes of human remains or associated funerary objects.

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

(10) Lineal Descendant.

(a) "Lineal descendant" means an individual tracing the individual's ancestry directly to another individual.

(b) "Lineal descendant" status may be traced by means of the traditional kinship system of a Native American tribe for members of the tribe.

(11) "Maryland Historical Trust" or "Trust" means the Maryland Historical Trust created under State Finance and Procurement Article, Title 5A, Subtitle 3, Annotated Code of Maryland.

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

(13) "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 formal recognition of its Maryland Indian status under Human Services Article, §2-509, Annotated Code of Maryland;

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

(d) Has submitted a petition for formal recognition of Maryland Indian status under Human Services Article, §2-509, Annotated Code of Maryland, or has notified the Commission on Indian Affairs in writing that it intends to petition for formal recognition, and the Commission and the Maryland Historical Trust both determine that the tribe, band, clan, or group is likely to meet the recognition criteria.

(14) "Researcher" means a reputable museum, institution of higher education, recognized scientific or historical institution or organization, or an affiliated individual.

(15) "Right of possession" means possession of human remains or associated funerary objects obtained with the voluntary consent of a lineal descendant of the deceased or a Native American tribe culturally affiliated with the deceased.

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