(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 Energy and Environmental Protection.
(1961, P.A. 304, S. 2, 3; P.A. 73-660, S. 3, 6, 11; P.A. 89-368, S. 23; P.A. 11-80, S. 1.)
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 25 years; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 180 C. 474.
Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.
Notes of Decisions
Cited in
3
cases, 1976–1990 · leading case:
Hopkins v. Pac, 429 A.2d 952 (Conn. 1980).
Hopkins v. Pac, 429 A.2d 952 (Conn. 1980).
· cites it 3× “The IAC is also given the discretion to renew any lease of reservation lands in effect on July 1, 1973, even though a lease of reservation land executed after that date is prohibited; General Statutes § 47-64 (b); is required to provide services as it deems necessary to insure…”
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976).
· cites it 6× “(See annotation following Conn.Gen.Stat.Ann. § 47-64). Finally, plaintiff Hopkins claims that, subsequent to the Council meeting which found her of non-Indian lineage, she has been formally, and effectively denied the use of reservation lands for recreational and social purposes.”
Schaghticoke Indians of Kent v. Potter, 577 A.2d 719 (Conn. App. Ct. 1990).
· cites it 2× “General Statutes §§ 47-64, 47-65, 47-66 and 47-66g, the basis of the commissioner’s statutory-rights and obligations to manage tribal lands and to sue in her name to recover misappropriated tribal property, are civil-regulatory in nature and, therefore, are preempted and…”
Conn. Gen. Stat. § 47-64(a): 1 case
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976).
“(See annotation following Conn.Gen.Stat.Ann. § 47-64). Finally, plaintiff Hopkins claims that, subsequent to the Council meeting which found her of non-Indian lineage, she has been formally, and effectively denied the use of reservation lands for recreational and social purposes.”
Conn. Gen. Stat. § 47-64(c): 1 case
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976).
“(See annotation following Conn.Gen.Stat.Ann. § 47-64). Finally, plaintiff Hopkins claims that, subsequent to the Council meeting which found her of non-Indian lineage, she has been formally, and effectively denied the use of reservation lands for recreational and social purposes.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.