By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – In this week’s article, we’ll take a look at the law in Cherokee Code governing the roads of the trust lands of the Eastern Band of Cherokee Indians.
Cherokee Roads Commission
Chapter 137 of the Cherokee Code, which establishes and outlines the duties of the Cherokee Roads Commission, was set in motion with the passage of Ord. No. 585 on Sept. 14, 1989.
Sec. 137-1 states the purpose of the Commission. “The purpose of this chapter is to create an administrative body whereby the Eastern Band of Cherokee Indians may provide for the proper utilization and expenditure of all funds collected under the Cherokee Gasoline Tax Ordinance. This chapter shall establish a body to be known as the Cherokee Roads Commission, who shall be solely responsible for the expenditure of all gasoline tax revenues and ensuring that such funds are utilized only in the manner and for the purposes designated by the Cherokee Gas Tax Ordinance and by this chapter.”
The Commission has 11 members. Six “tribal representatives” will serve two-year terms. The remaining five, serving three-year staggered terms, will be an employee or someone familiar with the operations and regulations of the following programs: Qualla Housing Authority, Cherokee Boys Club, Cherokee DOT, EBCI Emergency Management, and Tribal Utilities.
The Commission is tasked with meeting at least once a quarter. Sec. 137-5(b) states, “The Commission shall adopt an annual budget for the expenditure of tribal gasoline tax revenues and state gasoline tax refunds during each calendar year.”
Sec. 137-5(c) states the Commission’s further duties. “The Commission shall approve projects maintenance, upkeep, improvement, construction or safety abatement of roadways and highways prior to the expenditure of any tribal gasoline tax revenues or state gasoline tax refunds.”
The last portion of Sec. 137-5 states that the Roads Commission assumed the duties of the former Tribal Council Roads Committee “to establish road maintenance and construction priorities for all BIA roads”.
Road Names and Signs
Sec. 136A-21, set up with the passage of Ord. No. 332-A on Oct. 26, 1998, establishes a Uniform Street Address and Road Naming System for the EBCI.
Sec. 136A-25 states that the EBCI shall “have jurisdiction over all roads, highways, byways, and properties within the external boundaries of the Eastern Band of Cherokee Reservation”.
A baseline designation for numbering is set forth in Sec. 136A-41 which states, “Main Street, also known as Highway 19, shall constitute the baseline for numbering principal buildings and vacant parcels, lots, and tracts of land along all streets running northerly and southerly. Tsalagi Ave., also known as Highway 441, the part of such highway which is in front of the Tribal Council House, shall constitute the baseline for numbering principal buildings and vacant parcels, lots, and tracts of land along all streets running easterly and westerly.”
Sec. 136A-42 deals with diagonal streets stating, “All buildings and vacant parcels, lots and tracts of land and diagonal streets shall be numbered as though they are on northerly and southerly streets if the diagonal runs predominantly north to south. All buildings and vacant parcels, lots and tracts of land on diagonal streets shall be numbered as though they are on easterly and westerly streets if the diagonal runs predominantly east to west.”
According to Sec. 136A-61(a), “Any road that provides access to three or more structures shall be given a name.”
Requesting a new road name or a name change, per Sec. 136-61(c), requires a completed petition signed by at least 51 percent of the property owners along the affected road”.
Other Code Governing Roads
There are numerous other pieces of the Cherokee Code that deal with the subject of roads including Chapter 167 (Parades and Demonstrations).
Sec. 167-1 states, “It shall be unlawful for any person to obstruct or block the public highways, roads, streets or sidewalks on Cherokee Trust Lands by any exhibition, demonstration, picket line, or parade, so as to prevent the normal flow of pedestrian or vehicular traffic, except that a special permit may be granted pursuant to this article by the Chief of Police, or by authority of the Tribal Council authorizing peaceful occupancy of a specified portion of the street or sidewalk for a specified period of time for purposes other than hostile demonstrations or commercial gain.”
The current law governing easements and rights-of-way was set into the Cherokee Code with the passage of Ord. No. 453 on Feb. 7, 2019.
Chapter 47E deals with easements, permits, and rights-of-way. Sec. 47E-1(b) states, “So long as any such road or highway is maintained and used, the property within the right-of-way or boundary lines of such road or highway shall be and remain the property of the Tribe, and may be used for any lawful purpose as authorized by the Tribal Council, subject to the road or highway use right.”
Sec. 47E-2 further discusses rights-of-way and states, “In order to prevent encroachments and ensure proper maintenance to BIA roads within the Cherokee Indian Reservation, there is hereby reserved a right-of-way to the Tribe for 30 feet from the centerline of each BIA road and control of the 60-foot road right-of-way is granted to the Cherokee Department of Transportation.”
Sec. 47E-4 discusses public access to bridges and states, “Any bridge built for a private citizen by the Cherokee Roads Commission requires said private citizen to grant public access to said bridge and grant right-of-way to public use. As such, the easement shall be by the least intrusive method upon the private citizen and the least expensive.”
