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Session Laws, 1988
Volume 770, Page 5004   View pdf image
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Ch. 765                                          LAWS OF MARYLAND

FOR REVIEW BY THE MEMBERS OF THE COMMITTEE. THE EXECUTIVE ORDER
SHALL TAKE EFFECT 30 DAYS AFTER SUBMISSION TO THE COMMITTEE.

(C) (E) (1) THE PROVISIONS OF THIS SECTION ARE NOT INTENDED
TO CREATE ANY RIGHTS OF OWNERSHIP OR OTHER RIGHTS TO LAND OR TO
CREATE ANY BENEFITS OR ENTITLEMENTS OF ANY KIND, NOR ARE THEY
INTENDED TO IMPAIR VALID EXISTING RIGHTS, BENEFITS, OR
ENTITLEMENTS BELONGING TO AMERICAN INDIANS RESIDING IN THE
STATE.

(2) THE PROVISIONS OF THIS SECTION MAY NOT IMPAIR
EXISTING JUDICIAL RULINGS OF THE STATE REGARDING MARYLAND'S
AMERICAN INDIANS.

(3) PRIOR TO FORMAL RECOGNITION OF MARYLAND INDIAN
STATUS, MEMBERS OF THE PETITIONING GROUP SHALL SUBMIT AN
AFFIDAVIT RENOUNCING ALL TRIBAL RIGHTS OF OWNERSHIP OR OTHER
RIGHTS WITH RESPECT TO LAND IN THE STATE.

(D) (F) ANY ACTION OR FAILURE TO TAKE ACTION BY THE
COMMISSION UNDER THIS SECTION DOES NOT CREATE A PRIVATE CAUSE OF
ACTION UNDER THE LAWS OF THE STATE.

(G) (1) ANY PERSON WHO, IN ANY MATTER WITHIN THE SCOPE OF
THIS SECTION, KNOWINGLY AND WILLFULLY FALSIFIES OR 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.

(2) 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.

(H) THE PROVISIONS OF THIS SECTION MAY NOT BE CONSTRUED TO
CREATE IN THE COMMISSION ANY POWER TO ESTABLISH CRITERIA FOR
MEMBERSHIP IN A TRIBE, BAND, GROUP, OR CLAN. THAT POWER IS
SPECIFICALLY RESERVED TO THE INDIVIDUAL TRIBE, BAND, GROUP, OR
CLAN.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

- 5004 -

 

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Session Laws, 1988
Volume 770, Page 5004   View pdf image
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