Connecticut General Statutes

Conn. Gen. Stat. § 47-65 (2025)

Management of reservations and residents thereon. Adoption of regulations. Governor designated administrative agent

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(a) The Commissioner of Energy and 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 Energy and 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; P.A. 11-80, S. 1.)

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; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (b), effective July 1, 2011.

Cited. 180 C. 474; 217 C. 612.

Preempted and rendered invalid by federal law. 22 CA 229; judgment reversed, see 217 C. 612.

Notes of Decisions
Cited in 4 cases, 1976–1991 · leading case: Schaghticoke Indians of Kent v. Potter, 587 A.2d 139 (Conn. 1991).
Schaghticoke Indians of Kent v. Potter, 587 A.2d 139 (Conn. 1991). · cites it 12× “On July 29, 1988, the state of Connecticut and the department of environmental protection (DEP) moved to intervene claiming that, pursuant to General Statutes § 47-65, the commissioner of the DEP had the duty to protect Indian reservation land and to assure that the value of the…”
Hopkins v. Pac, 429 A.2d 952 (Conn. 1980). · cites it 6× “General Statutes §47-65 (a). In addition, the statutory scheme regarding the protection of reservation lands charges the IAC with the responsibility of providing services to the Indian community of the state and of formulating programs suitable to its needs.”
Schaghticoke Indians of Kent v. Potter, 577 A.2d 719 (Conn. App. Ct. 1990). · cites it 23× “The state’s claim to aggrieved party status is based upon General Statutes § 47-65 (a), which provides, inter *231 alia, that the commissioner of environmental protection is responsible for the care and management of Indian reservation land.”
Rolling Cloud v. Gill, 412 F. Supp. 1085 (D. Conn. 1976). · cites it 2× “Conn.Gen.Stat.Ann. § 47-65. In addition, the Environmental Protection Commissioner is given authority to manage and expend tribal trust funds in accordance with the advice of the Indian Affairs Council.”
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