EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0794*
HOUSE BILL 794
P1 5lr0435
CF 5lr0436
By: Chair, Appropriations Committee (By Request – Departmental – Governor’s
Office of Community Initiatives)
Introduced and read first time: January 29, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Maryland Commission on Indian Affairs – Indian Heritage and Culture Grant 2
Program and Fund 3
FOR the purpose of establishing the Indian Heritage and Culture Grant Program and Fund 4
to preserve Indian tribal history and culture; establishing the Indian Heritage and 5
Culture Grant Fund as a special, nonlapsing fund and requiring interest earnings of 6
the Fund to be credited to the Fund; and generally relating to the Indian Heritage 7
and Culture Grant Program and Fund. 8
BY repealing and reenacting, without amendments, 9
Article – State Finance and Procurement 10
Section 6–226(a)(2)(i) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – State Finance and Procurement 15
Section 6–226(a)(2)(ii)204. and 205. 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – State Finance and Procurement 20
Section 6–226(a)(2)(ii)206. 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2024 Supplement) 23
BY adding to 24
Article – State Government 25
Section 9.5–308.1 26 2 HOUSE BILL 794
Annotated Code of Maryland 1
(2021 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – State Finance and Procurement 5
6–226. 6
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 7
through 2028. 8
2. Notwithstanding any other provision of law, and unless 9
inconsistent with a federal law, grant agreement, or other federal requirement or with the 10
terms of a gift or settlement agreement, net interest on all State money allocated by the 11
State Treasurer under this section to special funds or accounts, and otherwise entitled to 12
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 13
Fund of the State. 14
(ii) The provisions of subparagraph (i) of this paragraph do not apply 15
to the following funds: 16
204. the Victims of Domestic Violence Program Grant Fund; 17
[and] 18
205. the Proposed Programs Collaborative Grant Fund; AND 19
206. THE INDIAN HERITAGE AND CULTURE GRANT FUND. 20
Article – State Government 21
9.5–308.1. 22
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(2) “CONSTRUCTION OR IMPRO VEMENT” MEANS PLANNING , DESIGN, 25
ENGINEERING , ALTERATION, CONSTRUCTION , RECONSTRUCTION , ENLARGEMENT , 26
EXPANSION, EXTENSION, IMPROVEMENT , REPLACEMENT , REHABILITATION, 27
RENOVATION , UPGRADING, REPAIR, OR CAPITAL EQUIPPING . 28
(3) “DEPARTMENT ” MEANS THE DEPARTMENT OF PLANNING. 29
(4) “ELIGIBLE GRANTEE” MEANS: 30 HOUSE BILL 794 3
(I) A TRIBE WITH MARYLAND INDIAN STATUS OR WITH LEGAL 1
RECOGNITION IN ANOTH ER STATE; OR 2
(II) A NONPROFIT ORGANIZATI ON, TRIBE THAT IS INDIGENOUS 3
TO THE STATE, POLITICAL SUBDIVISIO N, OR STATE AGENCY IN CONSU LTATION WITH 4
A STATE–RECOGNIZED TRIBE . 5
(5) “FUND” MEANS THE INDIAN HERITAGE AND CULTURE GRANT 6
FUND. 7
(6) “INDIAN HERITAGE AND CULTURE GRANT” MEANS A GRANT 8
MADE UNDER THE PROGRAM. 9
(7) “PROGRAM” MEANS THE INDIAN HERITAGE AND CULTURE 10
GRANT PROGRAM. 11
(8) “PROJECT” MEANS A CAPITAL PROJ ECT THAT ASSISTS AN 12
ELIGIBLE GRANTEE IN ACQUIRING LAND OR BU ILDINGS OR THE CONST RUCTION OR 13
IMPROVEMENT OF LAND OR BUILDINGS FOR : 14
(I) INDIAN TRIBAL AND CULTURAL ACTIVITIES; 15
(II) THE PROVISION OF SER VICES TO INDIAN TRIBAL 16
COMMUNITIES ; OR 17
(III) THE PRESERVATION OF BUILDINGS, COMMUNITIES , AND 18
SITES OF HISTORIC AN D CULTURAL IMPORTANC E TO THE INDIAN EXPERIENCE IN 19
THE STATE. 20
(9) “SECRETARY” MEANS THE SECRETARY OF PLANNING. 21
(10) “TRUST” MEANS THE MARYLAND HISTORICAL TRUST 22
ESTABLISHED IN TITLE 5A, SUBTITLE 3 OF THE STATE FINANCE AND 23
PROCUREMENT ARTICLE. 24
(B) (1) THERE IS AN INDIAN HERITAGE AND CULTURE GRANT PROGRAM 25
IN THE DEPARTMENT . 26
(2) THE PURPOSE OF THE PROGRAM IS TO ASSIST : 27
(I) INDIAN TRIBAL COMMUNITIES IN PRESE RVING THEIR 28
HISTORY AND CULTURE ; AND 29 4 HOUSE BILL 794
(II) NONPROFIT AND GOVERN MENTAL ENTITIES WORKING IN 1
CONSULTATION WITH INDIAN TRIBES TO PRESERVE INDIAN HISTORY AND CU LTURE. 2
(3) THE DEPARTMENT SHALL DEVE LOP AND ADMINISTER T HE 3
PROGRAM IN PARTNERSHI P WITH THE COMMISSION. 4
(C) (1) THERE IS AN INDIAN HERITAGE AND CULTURE GRANT FUND. 5
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR INDIAN 6
HERITAGE AND CULTURE GRANTS. 7
(3) THE TRUST SHALL ADMINISTE R THE FUND. 8
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 9
SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 10
PROCUREMENT ARTICLE. 11
(II) THE STATE TREASURER SHALL HOLD THE FUND 12
SEPARATELY AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 13
(5) (I) THE FUND CONSISTS OF : 14
1. MONEY APPROPRIATED I N THE STATE BUDGET TO 15
THE PROGRAM; 16
2. INTEREST EARNINGS OF THE FUND; 17
3. ANY OTHER MONEY FROM ANY OTHER SOURCE 18
ACCEPTED FOR THE BEN EFIT OF THE FUND; AND 19
4. MONEY RECEIVED FROM THE SALE OF STATE 20
GENERAL OBLIGATION B ONDS. 21
(II) THE FUND DOES NOT INCLUDE MONEY RECEIVED UNDER § 22
9.5–308 OF THIS SUBTITLE . 23
(6) THE FUND MAY BE USED ONLY FOR INDIAN HERITAGE AND 24
CULTURE GRANTS. 25
(7) FOR EACH FISCAL YEAR , THE GOVERNOR MAY INCLUDE IN THE 26
ANNUAL OPERATING OR CAPITAL BUDGET AN AP PROPRIATION OF $500,000 TO THE 27
FUND. 28 HOUSE BILL 794 5
(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 1
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE INVESTED . 2
(II) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE 3
CREDITED TO THE FUND. 4
(9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 5
ACCORDANCE WITH THE STATE BUDGET . 6
(D) (1) ON OR BEFORE A DATE E STABLISHED ANNUALLY BY THE TRUST 7
AND THE COMMISSION AND SUBJEC T TO AVAILABILITY OF MONEY IN THE FUND, AN 8
INDIAN TRIBE, NONPROFIT ORGANIZATI ON, POLITICAL SUBDIVISIO N, OR STATE 9
AGENCY MAY SUBMIT AN APPLICATION FOR AN INDIAN HERITAGE AND CULTURE 10
GRANT TO THE TRUST. 11
(2) AN APPLICATION SHALL INCLUDE : 12
(I) A DESCRIPTION OF THE SCOPE AND PURPOSE OF THE 13
PROJECT; 14
(II) A BUILDING PLAN THAT INCLUDES THE ESTIMAT ED TOTAL 15
COST OF THE PROJECT ; 16
(III) IF THE ELIGIBLE GRAN TEE IS A NONPROFIT ORGANIZATION , 17
POLITICAL SUBDIVISIO N, OR STATE AGENCY, A LETTER OF SUPPORT FROM AN 18
INDIAN TRIBAL ENTITY ATTESTING TO APPROPRIATE CONSULTA TION WITH THAT 19
TRIBAL ENTITY; AND 20
(IV) ANY OTHER INFORMATIO N REQUIRED BY THE TRUST AND 21
THE COMMISSION. 22
(E) A GRANT MAY NOT EXCEED $250,000. 23
(F) (1) THE DEPARTMENT AND THE COMMISSION SHALL : 24
(I) REVIEW ALL GRANT APP LICATIONS SUBMITTED UNDER 25
SUBSECTION (D) OF THIS SECTION; 26
(II) EXCEPT AS PROVIDED U NDER SUBSECTION (G) OF THIS 27
SECTION, CONSIDER A GRANT APP LICATION COMPETITIVE LY AGAINST ALL OTHER 28
GRANT APPLICATIONS SUBMITT ED DURING THE SAME F ISCAL YEAR; AND 29
6 HOUSE BILL 794
(III) MAKE RECOMMENDATIONS REGARDING EACH APPLI CATION 1
TO THE SECRETARY FOR THE AWA RD OF GRANTS. 2
(2) IN MAKING RECOMMENDAT IONS UNDER THIS SUBS ECTION, THE 3
DEPARTMENT AND THE COMMISSION SHALL CONS IDER: 4
(I) THE PUBLIC NECESSITY AND URGENCY OF A PRO JECT; 5
(II) THE NEED FOR ADDITIO NAL SOURCES OF FUNDI NG FOR A 6
PROJECT; 7
(III) THE ESTIMATED COST A ND TIMELINESS OF EXE CUTING A 8
PROJECT; 9
(IV) GEOGRAPHIC DIVERSITY ; AND 10
(V) ANY OTHER CRITERI A DETERMINED BY THE TRUST AND THE 11
COMMISSION TO BE RELE VANT. 12
(G) (1) THE SECRETARY SHALL : 13
(I) REVIEW EACH GRANT AP PLICATION SUBMITTED UNDER 14
SUBSECTION (D) OF THIS SECTION AND THE RECOMMENDATIONS OF THE 15
DEPARTMENT AND THE COMMISSION; 16
(II) CONSIDER THE APPLICA TIONS AND RECOMMENDA TIONS 17
UNDER THE CRITERIA ESTABLISHED UNDER SUBSECTION (F)(2) OF THIS SECTION ; 18
AND 19
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , MAKE A 20
FINAL DECISION TO AW ARD THE GRANT OR DEN Y THE APPLICATION . 21
(2) THE SECRETARY MAY AWARD A GRANT UNDER THE PROGRAM 22
ONLY FOR A PROJECT. 23
(H) ON OR BEFORE DECEMBER 31 EACH YEAR, THE TRUST AND THE 24
COMMISSION SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 25
2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY ON THE FINAN CIAL STATUS AND 26
THE ACTIVITIES OF TH E PROGRAM AND THE FUND FOR THE PRIOR FI SCAL YEAR. 27
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 28
THE TRUST SHALL REQUIRE A PERSON AWARDED A GRANT TO ENTER INTO A N 29 HOUSE BILL 794 7
AGREEMENT TO PRESERV E AND MAINTAIN THE PROPERTY FOR WHICH T HE GRANT 1
WAS AWARDED . 2
(2) IF THE PROPERTY IS HI STORIC REAL PROPERTY , THE AGREEMENT 3
SHALL BE A RECORDABL E HISTORIC PRESERVAT ION EASEMENT . 4
(3) THE SECRETARY MAY WAIVE T HE REQUIREMENTS OF THIS 5
SUBSECTION IF THE SECRETARY DETERMINES THAT AN AGREEMENT OR EASEMENT 6
IS IMPRACTICABLE , INFEASIBLE, OR NOT NECESSARY UND ER THE CIRCUMSTANCES . 7
(J) THE SECRETARY, IN CONSULTATION WITH THE COMMISSION, SHALL 8
ADOPT REGULATIONS TO IMPLEMENT THE PROGRAM. 9
SECTION 2. AND BE IT FURTHER ENACTED, That th is Act shall take effect July 10
1, 2025. 11