ROBERT L. EHRLICH, JR., Governor                             Ch. 426

consent of the Maryland-National Capital Park and Planning Commission for a
certain transfer of land; prohibiting Montgomery County from issuing a
sediment control permit for certain land unless certain conditions are met;
expanding the jurisdiction of the park police of the Maryland-National Capital
Park and Planning Commission within Matthew Henson State Park; making
certain technical corrections; and generally relating to the Matthew Henson
State Park.

BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 5-1004
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

5-1004.

(a)     (1) The lands between Viers Mill Road and Georgia Avenue described in
the 1980 Highway Needs Inventory as the right-of-way reserved for the Rockville
facility in Montgomery County, being owned by the State, shall be:

(i) Designated as the Matthew Henson State Park; and

(ii) Held by the State as a State park under the protection and
administration of the Department.

(2)     MATTHEW HENSON STATE PARK SHALL ALSO INCLUDE:

(I)      THE LAND IDENTIFIED IN THE ASPEN HILL MASTER PLAN AS
SIGNIFICANT PARCEL 13, WITH THE EXCEPTION OF ANY LAND THAT WAS THE
SUBJECT OF A LEASE BETWEEN ANY PERSON AND AN AGENCY OF THE STATE
GOVERNMENT AS OF ON OR BEFORE JUNE 5, 2002; AND

(II)     THE STATE-OWNED LAND BORDERING ON THE NORTHEAST
PORTION OF SIGNIFICANT PARCEL 13 IN THE ASPEN HILL MASTER PLAN.

(3)      Except as provided in subsection (c) of this section, the Department
shall exercise the same power of adopting regulations and managing Matthew
Henson State Park as is done for any other State park.

(b)     (1) Any land acquired under subsection (a) of this section is subject to all
of the public general laws enacted by the General Assembly that are not inconsistent
with this section. However, the provisions of this section prevail over any other State
law enacted before July 1, 1989.

(2) If specifically authorized by an act of the General Assembly, a part of
the Matthew Henson State Park may be used for transportation purposes.

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