(a) There shall continue to be an Indian Affairs Council, consisting of one representative from each of the following Indian tribes: The Schaghticoke, the Paucatuck Eastern Pequot, the Mashantucket Pequot, the Mohegan and the Golden Hill Paugussett; to be appointed by the respective tribes, and three persons appointed by the Governor who are electors within the state but not elected or appointive officials of the state or any of its political subdivisions and are not of Indian lineage. Appointments made under this section shall be for terms of three years. Each Indian tribe may designate from among its members an alternate representative who may serve from time to time in place of its appointive representative. Vacancies on said council shall be filled by the respective appointing authority for the unexpired balance of the term. The members of said council shall be compensated for their services thereon at the rate of twenty-five dollars per day and shall be reimbursed for their necessary expenses. Said council shall provide services to the Indian reservation community of the state and formulate programs suitable to its needs. The council may select an executive director who shall serve at no expense to the state but may be compensated with funds contributed by the tribes.
(b) The Indian Affairs Council shall review the regulations governing Indian affairs in the state of Connecticut and advise the Commissioner of Energy and Environmental Protection on promulgation of new regulations. The council shall report annually, no later than September first, to the Governor and the General Assembly on the activities of the council and the state of affairs of the Indian people in the state.
(P.A. 73-660, S. 2, 8, 10, 11; P.A. 74-168, S. 1, 2; P.A. 75-129, S. 1, 2; P.A. 81-375, S. 1, 4; P.A. 89-368, S. 20; P.A. 93-435, S. 16, 95; P.A. 11-80, S. 1.)
History: P.A. 74-168 continued existence of council, added representative from Golden Hill tribe and allowed compensation of $25 per day where previously members received no compensation but were reimbursed for necessary expenses; P.A. 75-129 authorized tribes to designate alternate representatives; P.A. 81-375 amended Subsec. (a) to change names of tribes as of July 1, 1981; P.A. 89-368 amended Subsec. (a) by substituting “Paucatuck Eastern Pequot” for “Paucatuck Pequot” and by deleting an obsolete provision” concerning terms and deleted Subsec. (b) re qualifications necessary for a person's designation as an Indian and re eligibility for residing on reservation lands and relettered Subsec. (c) as Subsec. (b); P.A. 93-435 amended Subsec. (b) to make a technical change, effective June 28, 1993; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011.
See Sec. 47-65 re management of reservations and reservation residents and re duties of Commissioner of Energy and Environmental Protection in connection with reservation management.
Indian Affairs Council is an “agency” within the meaning of Sec. 4-166(1) and is subject to the provisions of the Uniform Administrative Procedure Act. 180 C. 474. Cited. 243 C. 115.
Cited. 18 CA 4; 22 CA 229; judgment reversed, see 217 C. 612.
Notes of Decisions
Cited in
5
cases, 1976–1998 · leading case:
Hopkins v. Pac, 429 A.2d 952 (Conn. 1980).
Hopkins v. Pac, 429 A.2d 952 (Conn. 1980).
· cites it 9× “General Statutes § 47-59b. The IAC consists of one representative from each of five designated tribes who are appointed by their respective tribes, and three persons, not of Indian lineage, appointed by the governor.”
Golden Hill Paugussett Tribe of Indians v. Town of Southbury, 651 A.2d 1246 (Conn. 1995).
· cites it 4× “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.”
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976).
· cites it 8× “Named as Gill’s original co-defendants were the present members of the Connecticut Indian Affairs Council, appointed pursuant to Conn.Gen.Stat.Ann. § 47-59b. When questions were raised as to the legal standing to sue of the original plaintiffs, Ms.”
Golden Hill Paugussett Tribe of Indians v. Town of Trumbull, 716 A.2d 920 (Conn. App. Ct. 1998).
“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.”
Conn. Gen. Stat. § 47-59b(a): 1 case
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976).
“Named as Gill’s original co-defendants were the present members of the Connecticut Indian Affairs Council, appointed pursuant to Conn.Gen.Stat.Ann. § 47-59b. When questions were raised as to the legal standing to sue of the original plaintiffs, Ms.”
Conn. Gen. Stat. § 47-59b(b): 1 case
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976).
“Named as Gill’s original co-defendants were the present members of the Connecticut Indian Affairs Council, appointed pursuant to Conn.Gen.Stat.Ann. § 47-59b. When questions were raised as to the legal standing to sue of the original plaintiffs, Ms.”
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