|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H.B. 342 VETOES
|
|
|
|
|
|
|
|
|
(II) REJECT THE COMMISSION'S RECOMMENDATION.
|
|
|
|
|
|
|
|
|
(2) An executive order [proposed to be] promulgated ISSUED under this
subsection shall first be presented to the Joint Committee on Administrative,
Executive, and Legislative Review for review by the members of the Committee. The
executive order shall take effect 30 days after submission to the Committee.
(3) IF THE GOVERNOR REJECTS THE COMMISSION'S RECOMMENDATION,
AND DOES NOT ISSUE AN EXECUTIVE ORDER WITHIN 120 DAYS OF RECEIVING THE
RECOMMENDATION FOR FORMAL RECOGNITION FROM THE SECRETARY, THE
PARTICULAR TRIBE, BAND, GROUP, OR CLAN SHALL RECEIVE MAY NOT BE GRANTED
FORMAL RECOGNITION WITHOUT AN EXECUTIVE ORDER OF MARYLAND INDIAN
STATUS UNLESS A SUBSEQUENT APPLICATION IS SUBMITTED AND APPROVED IN
ACCORDANCE WITH THIS SECTION.
(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 with respect to land in the State.
(4) NOTHING IN THIS SUBTITLE OR REGULATIONS ADOPTED UNDER
THIS SUBTITLE MAY BE CONSTRUED TO PROHIBIT A PARTICULAR TRIBE, BAND,
GROUP, OR CLAN FROM RECEIVING FORMAL RECOGNITION BY EXECUTIVE ORDER
FROM THE GOVERNOR IF THE COMMISSION HAS RECOMMENDED THE RECOGNITION
TO THE GOVERNOR.
(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.
|
|
|
|
|
|
|
|
|
|
- 5082 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
