Sec. 47-63. Definitions. The following terms as used in this chapter, shall have
the following meanings: "Indian" means a person who is a member of any of the following tribes, Paucatuck Eastern Pequot, Mashantucket Pequot, Schaghticoke, Golden Hill
Paugussett and Mohegan; "reservation" means the Paucatuck Eastern Pequot reservation in the town of North Stonington, assigned to the use of the Paucatuck Eastern Pequot
tribe; the Golden Hill Paugussett reservations in the towns of Trumbull and Colchester,
assigned to the Golden Hill Paugussett tribe; the Schaghticoke reservation in the town
of Kent, assigned to the Schaghticoke tribe, and the Mashantucket Pequot reservation
in the town of Ledyard, assigned to the Mashantucket Pequot tribe; "tribal funds" means
the money held by the state for the use and benefit of a tribe as distinguished from
legislative appropriations.
(1961, P.A. 304, S. 1; P.A. 73-660, S. 9, 11; P.A. 81-375, S. 2, 4; P.A. 89-368, S. 22.)
History: P.A. 73-660 redefined "Indian" to list specific tribes, replacing reference to persons of tribes "for whose use
any reservation was set out"; P.A. 81-375 amended section to change names of tribes and to add reference to Colchester
reservation as of July 1, 1981; P.A. 89-368 made technical changes.
Cited. 180 C. 474, 475. State acquired jurisdiction over crimes committed on the Mashantucket Pequot Indian reservation
by enactment of Sec. 1755 of title 25 of the U.S. Code; judgment of appellate court in State v. Spears, 36 CA 106, reversed.
234 C. 78, 84. Cited. 243 C. 115.
Cited. 22 CA 229, 236, 240; judgment reversed and case remanded to appellate court with direction to remand it to
trial court for further proceedings, see 217 C. 612 et seq.
Sec. 47-64. Use of reservations; restriction of leases; escheats. (a) Each tribe
shall determine who may live on reservation land provided any person lawfully residing
on a reservation on October 1, 1989, may continue to reside on such reservation. Residents may be removed in accordance with rules filed under section 47-66j.
(b) Each tribe may lease reservation land for not more than twenty-five years.
(c) Notwithstanding any provision of the general statutes or any special act to the
contrary, any Indian reservation property that escheats to the state shall be preserved as
an Indian historical area, under the control of the Department of Environmental Protection.
(1961, P.A. 304, S. 2, 3; P.A. 73-660, S. 3, 6, 11; P.A. 89-368, S. 23.)
History: P.A. 73-660 changed applicable dates from July 1, 1961, to July 1, 1973, added provision in Subsec. (a) re
reimbursement for spouse or children who no longer qualify to reside on reservation following death of their relative
and deleted provisions which placed burden of proving residency eligibility on claimant and re welfare commissioner's
regulation of times when Indians, descendants and guests may use reservation for recreational and social purposes, in
Subsec. (b) replaced welfare commissioner with Indian Affairs Council and added Subsec. (c); P.A. 89-368 amended
Subsec. (a) to authorize tribes to determine who may reside on reservation land and amended Subsec. (b) to delete prohibition
against leasing and to authorize tribes to lease reservation land for not more than twenty-five years.
Cited. 180 C. 474, 475, 478, 479.
Preempted and rendered invalid by federal law. 22 CA 229, 236, 246; judgment reversed and case remanded to appellate
court with direction to remand it to trial court for further proceedings, see 217 C. 612 et seq.
Sec. 47-65. Management of reservations and residents thereon. Adoption of
regulations. Governor designated administrative agent. (a) The Commissioner of
Environmental Protection with the advice of the Indian Affairs Council shall have the
care and management of reservation lands. The commissioner and the council shall
establish the boundaries of such reservations by land survey and shall file a map of the
same in the land records of the appropriate towns.
(b) All reservation buildings not privately owned shall be subject to the care and
management of the Commissioner of Environmental Protection. The commissioner with
the advice of the Indian Affairs Council shall, upon the petition of the resident make
major repairs and improvements to the exterior of any such building and its heating,
water, electric, sewage disposal and plumbing systems as are necessary to insure habitable living conditions. The resident of any building shall assume responsibility for the
interior maintenance of floors, walls and ceilings and minor maintenance of the building
and its heating, water, electric, sewage disposal and plumbing systems, provided the
commissioner shall supply necessary materials for such systems.
(c) The council may, upon petition of an Indian resident without sufficient means
to support himself, provide assistance in an amount necessary to maintain a standard of
living in the home compatible with the well-being of the resident. The council shall
provide other services as it deems necessary to insure the well-being of all persons
residing on the reservations.
(d) The commissioner and the council may adopt and amend regulations pursuant
to chapter 54 to carry out the provisions of subsections (a) and (b) of this section. The
council shall adopt regulations which prescribe eligibility standards for assistance and
services under subsection (c) of this section.
(e) The Governor is hereby designated the administrative agent of the state to apply
for any funds or other aid, cooperate and enter into contracts and agreements with the
federal government, the Indian Housing Authority or any other appropriate state or local
agency for the purpose of providing necessary services to housing projects to be located
on Indian reservations within the state of Connecticut or for any other purpose which
the Congress of the United States or the General Assembly has authorized or may authorize for expenditures compatible with the services provided for in this chapter. The
Governor is authorized in the name of the state to make all applications, sign all documents, give assurances and do all other things necessary to carry out the provisions of
this chapter.
(1961, P.A. 304, S. 4; P.A. 73-660, S. 4, 11; P.A. 76-97, S. 1, 2; P.A. 78-40, S. 1, 2.)
History: P.A. 73-660 transferred duties of welfare commissioner re care of land, buildings, boundaries and regulations
to insure health, safety and well-being to commissioner of environmental protection and Indian Affairs Council, deleting
provisions re welfare commissioner's past duties to assist needy Indians, repair and improve buildings, to admit and evict
residents, etc.; P.A. 76-97 limited duties of commissioner and council to reservation lands, abolishing their powers re "care
and management" of persons, etc. and added Subsecs. (b) to (d) clarifying general statements of prior provisions; P.A. 78-40 added Subsec. (e) re governor's role in obtaining federal assistance for housing projects on reservations.
Cited. 180 C. 474, 475, 478-480. Cited. 217 C. 612, 616, 621, 625, 630, 631.
Preempted and rendered invalid by federal law. 22 CA 229, 236, 237, 244, 246; judgment reversed and case remanded
to appellate court with direction to remand it to trial court for further proceedings, see 217 C. 612 et seq.
Subsec. (a):
Cited. 217 C. 612, 616.
Cited. 22 CA 229, 230; judgment reversed and case remanded to appellate court with direction to remand it to trial
court for further proceedings, see 217 C. 612 et seq.
Sec. 47-65a. Hunting and fishing on reservations. Notwithstanding the provisions of section 26-27, any Indian may take, hunt or trap any wild bird or quadruped
on, or take or assist in taking any fish or bait species in the waters of, the reservation of
such Indian's tribe without a license therefor, subject to the regulations promulgated by
the council and to such seasonal and bag limitations as may be provided by law. The
Commissioner of Environmental Protection shall issue, without fee, a private land deer
permit to any Indian for use only on the reservation of such Indian's tribe provided such
reservation is not less than two hundred fifty acres in size and provided further no such
Indian shall be issued more than one such permit per season. Such permit shall allow
the use of a rifle, shotgun, muzzleloader or bow and arrow on such reservation land
from November first until December thirty-first, inclusive, of each year.
(P.A. 73-660, S. 7, 11; P.A. 00-67, S. 1.)
History: P.A. 00-67 made technical changes and added requirement that the commissioner issue private land deer
permits for reservations with limits on reservation size, number of permits issued, type of weapon and season.
Cited. 180 C. 474, 475, 480.
Sec. 47-65b. State assumption of criminal and civil jurisdiction on reservation
of the Mohegan Tribe of Indians. The state of Connecticut assumes criminal jurisdiction and civil regulatory jurisdiction pursuant to the May 17, 1994, Agreement and the
May 17, 1994, Gaming Compact between the state of Connecticut and the Mohegan
Tribe of Indians of Connecticut and Public Law 103-377.
(P.A. 96-142, S. 1, 4.)
History: P.A. 96-142 effective May 29, 1996.
Trial court did not have subject matter jurisdiction over court case brought against Indian tribe because Congress only
extended criminal jurisdiction to state and tribe would have to consent to civil jurisdiction. 260 C. 46.
Sec. 47-66. Tribal funds. Tribal funds shall be under the care and control of the
Commissioner of Environmental Protection with the advice of the Indian Affairs Council and may be used for the purposes set forth in section 47-65. Said commissioner shall
annually settle his accounts of the affairs of each tribe with the Comptroller, and his
report to the Governor shall furnish, with respect to each tribe, a statement of the amount
and condition of its fund, an estimate of the value of its lands and the income annually
received and the expenditures made by said commissioner from such fund. Said commissioner may maintain an action in his name to recover any property misappropriated from
a reservation.
(1961, P.A. 304, S. 5; P.A. 73-660, S. 5, 11.)
History: P.A. 73-660 placed funds under control of environmental protection commissioner and Indian Affairs Council
rather than under control of welfare commissioner.
Cited. 176 C. 318, 319. Cited. 180 C. 474, 475, 479. Cited. 217 C. 612, 616, 617.
Preempted and rendered invalid by federal law. 22 CA 229, 236, 246; judgment reversed and case remanded to appellate
court with direction to remand it to trial court for further proceedings, see 217 C. 612 et seq.
Sec. 47-66a. Indian housing authorities. Creation and powers. There is created,
with respect to each Indian tribe named in section 47-63, a public body corporate and
politic, to be known as the "housing authority" of said Indian tribe possessing all powers,
rights and functions specified for municipal authorities created pursuant to chapter 128,
provided said Indian housing authority shall not transact any business nor exercise its
powers hereunder until or unless the governing council of said tribe, by proper resolution
declares that there is a need for an authority to function for said tribe. Except as otherwise
provided in sections 47-66a to 47-66d, inclusive, all the provisions of law applicable to
housing authorities created for municipalities and the commissioners of such authorities
shall be applicable to Indian housing authorities and the commissioners thereof, unless
a different meaning clearly appears from the context. The chief or other governing head
and governing council of an Indian tribe are hereby authorized to exercise all appointing
and other powers with respect to an Indian housing authority that are vested under part
I of said chapter 128, in the chief executive officer and governing body of a municipality.
The Indian housing authorities shall be operated in conformity with Title II of the Civil
Rights Act of 1968.
(P.A. 76-377, S. 1.)
Cited. 180 C. 474, 475.
Sec. 47-66b. Commissioners. The chief or other governing head shall appoint five
commissioners who shall be members of the tribe for which the authority is created.
Holding of any tribal office shall not bar appointment of any such tribal member to a
tribal housing authority. No person shall be barred from serving as a commissioner
because he is a tenant or home buyer in a tribal housing project.
(P.A. 76-377, S. 2.)
Cited. 180 C. 474, 475.
Sec. 47-66c. Area of operation. The area of operation of a tribal housing authority
shall be within the territorial boundaries of the reservation set aside for the tribe as
specified in section 47-63.
(P.A. 76-377, S. 3.)
Cited. 180 C. 474, 475.
Sec. 47-66d. Lease of tribal property to housing authority. Notwithstanding the
provisions of subsection (b) of section 47-64, any real property located on an Indian
reservation, as defined in section 47-63, required by a tribal authority for use in its
area of operation in providing housing shall be leased to the housing authority by the
respective tribal governing body with the approval of the Commissioner of Environmental Protection, upon such lawful terms as shall be agreeable to the parties.
(P.A. 76-377, S. 4.)
History: (Revisor's note: In 1997 the words "the Department of" in the phrase "Commissioner of the Department of
Environmental Protection" were deleted editorially by the Revisors for consistency with customary statutory usage).
Cited. 180 C. 474, 475.
Secs. 47-66e and 47-66f. Indian burial sites; inventory of state land. Excavation of Indian burial sites; notice, removal and reinterment of remains. Sections
47-66e and 47-66f are repealed.
(P.A. 81-242, S. 1-3; P.A. 89-368, S. 29, 30.)
Sec. 47-66g. Management of Indian affairs. The Commissioner of Environmental Protection with the advice of the Indian Affairs Council shall manage the state's
interest in Indian affairs not otherwise specified in this chapter, including but not limited
to, maintaining state documents, providing information to tribal members and coordinating governmental grant programs.
(P.A. 82-178.)
Preempted and rendered invalid by federal law. 22 CA 229, 246; judgment reversed and case remanded to appellate
court with direction to remand it to trial court for further proceedings, see 217 C. 612 et seq.
Sec. 47-66h. Trust agreements between Governor and willing indigenous
tribes. (a) Effective October 1, 1990, the Governor shall enter into a trust agreement
with each willing indigenous Indian tribe. Any such trust agreement shall define the
powers and duties possessed by the tribe that is party to the agreement and shall be
consistent with recommendations on trust agreements contained in the final report of
the Indian Affairs Task Force made pursuant to special act 87-103.
(b) Nothing in this chapter shall be construed to confer tribal status under federal
law on the indigenous tribes named in section 47-59a or to confer additional rights of
ownership and title to such tribes to land in the state which was not held in trust for such
tribes on June 1, 1989.
(P.A. 89-368, S. 17.)
Writ of mandamus will not issue to require governor to enter into trust agreement where task force does not issue final
report containing trust agreement recommendations. 51 CA 552.
Subsec. (b):
Cited. 243 C. 115.
Sec. 47-66i. Method of selecting tribal leaders. Disputes. (a) Each tribal leader
shall file with the Governor his name and a written description of the method of selecting
tribal leaders and the process by which tribal leaders exercise their authority. The Governor shall file such description with the Secretary of the State and the Indian Affairs
Council established under section 47-59b.
(b) A leadership dispute shall be resolved in accordance with tribal usage and practice. Upon request of a party to a dispute, the dispute may be settled by a council. Each
party to the dispute shall appoint a member to the council and the parties shall jointly
appoint one or two additional members provided the number of members of the council
shall be an odd number. If the parties cannot agree on any joint appointment, the Governor shall appoint any such member who shall be a person knowledgeable in Indian
affairs. The decision of the council shall be final on substantive issues. An appeal may
be taken to the Superior Court to determine if provisions of the written description filed
with the Secretary of the State pursuant to this section have been followed. If the court
finds that the dispute was not resolved in accordance with the provisions of the written
description, it shall remand the matter with instructions to reinstitute proceedings, in
accordance with such provisions.
(P.A. 89-368, S. 18.)
Cited. 231 C. 563, 564, 567, 569, 578-582.
Subsec. (b):
Cited. 231 C. 563, 579.