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Ch. 765 LAWS OF MARYLAND
CONCEALS, BY ANY TRICK, SCHEME, OR DEVICE, A MATERIAL FACT, OR
MAKES ANY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENTS OR
REPRESENTATIONS, OR MAKES OR USES ANY FALSE WRITING OR DOCUMENT
KNOWING THE WRITING OR DOCUMENT CONTAINS ANY FALSE, FICTITIOUS,
OR FRAUDULENT STATEMENT OR ENTRY, IS GUILTY OF A MISDEMEANOR.
(II) EXCEPT AS OTHERWISE PROVIDED BY LAW, A
PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO A FINE OF NOT MORE
THAN $1,000, OR IMPRISONMENT FOR NOT MORE THAN 6 MONTHS, OR BOTH.
5-405.
(a) The Commissioners, subject to the approval of the
Secretary, shall appoint, from without their number, [and] AN
administrator of the Commission.
5-406.
(A) SUBJECT TO THE APPROVAL OF THE SECRETARY, THE
COMMISSION MAY PROVIDE FORMAL RECOGNITION OF MARYLAND INDIAN
STATUS TO ESTABLISH A PROCESS BY WHICH A NATIVE AMERICAN TRIBE,
BAND, GROUP, OR CLAN WHICH IS INDIGENOUS TO MARYLAND, IF THE
TRIBE, BAND, CAN APPLY TO THE COMMISSION FOR FORMAL RECOGNITION
OF MARYLAND INDIAN STATUS. GROUP OR CLAN HAS PROVEN TO THE
SATISFACTION OF THE COMMISSION THAT IT MEETS THE FOLLOWING
CRITERIA:
(1) THE PETITIONING GROUP HAS BEEN IDENTIFIED FROM
HISTORICAL TIMES UNTIL THE PRESENT AS "AMERICAN INDIAN" OR
"ABORIGINAL";
(2) THE MEMBERS OF THE PETITIONING GROUP ARE
DESCENDANTS FROM A TRIBE THAT EXISTED HISTORICALLY AND IS EITHER
INDIGENOUS TO MARYLAND OR DERIVED FROM HISTORICAL TRIBES
INDIGENOUS TO MARYLAND;
(3) THE MEMBERS OF THE PETITIONING GROUP ARE
DESCENDANTS OF AN INDIAN TRIBE THAT HISTORICALLY INHABITED A
SPECIFIC AREA IN MARYLAND;
(4) THE MEMBERSHIP OF THE PETITIONING GROUP IS
COMPOSED PRINCIPALLY OF PERSONS WHO ARE NOT MEMBERS OF ANY OTHER
NORTH AMERICAN TRIBE, BAND, GROUP, OR CLAN; AND
(5) ANY OTHER CRITERIA THAT THE COMMISSION CONSIDERS
NECESSARY THROUGH REGULATIONS ADOPTED BY THE COMMISSION.
(B) (1) THE COMMISSION SHALL ADOPT REGULATIONS AND
PROCEDURES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION
IN ACCORDANCE WITH THE PROVISIONS OF TITLE 10, SUBTITLE 1 OF THE
STATE GOVERNMENT ARTICLE.
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