By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Mineral rights and timber harvesting are two important environmental aspects that are covered in the Cherokee Code of the Eastern Band of Cherokee Indians (EBCI). Modern Cherokee law goes back almost 90 years on this issue.
Res. No. 43, passed on Nov. 20, 1936, states in part, “It is the belief among many that there are some valuable mineral deposits upon the Reservation, which, if developed, would not only give employment to many, but would also bring in revenue to the tribal funds.”
That legislation continues, “…the finder of a paying, workable deposit of mineral upon tribal lands will be paid the reward of $250 out of tribal funds – provided the finer of such mineral shall report the same to the Business Committee.”
That idea exists today in Cherokee Code Sec. 74-1 which states:
“(a) Any Tribal member who finds or discovers a commercially workable deposit of minerals on Tribal land will be paid a reward of $250.00. The reward is contingent upon finder reporting the finding to the Business Committee who shall then obtain samples through a qualified mineralogist. If the mineralogist confirms the commercial nature of the discovery, the Business Committee shall promptly pay the reward from Tribal funds.
(b) The Tribe shall receive not less than ten percent of the net proceeds from the sale of such minerals or ore mineral from any trust land.”
Uranium mining is also allowable under Cherokee Code.
Res. No. 34, passed on Dec. 5, 1955, discusses mining and states in the whereas section of the legislation, “The Reservation lands of the Eastern Band of Cherokee Indians in North Carolina are as yet unproven as to the existence of uranium and minerals associated therewith, and it is, therefore, greatly to the interest of said Band that such lands be fully explored for uranium deposits.”
Current tribal law can be found in Section 74-2 (Uranium mining) which states in subsection (a) “All prospecting permits and mining leases shall be executed on forms approved by the Secretary of the Interior or his duly authorized representative.”
Subsection (d) states that the permit area “may be defined as to any part of or may include the entire reservation of the Eastern Band of Cherokee Indians in North Carolina”.
Section 74-3 deals with timber and its harvesting.
Section 74-4(d) speaks to limits on timber cutting and states, “(1) No person may cut timber on any Eastern Band of Cherokee trust lands except enrolled members and their immediate families.”
Subsection (d)(2) was added with the passage of Ord. No. 456, passed on Aug. 3, 2006, and states, “No person may cut down any fruit bearing tree, including mulberry, service berry, walnut and apple trees located on Tribal Reserve Lands.”
Section 74-4(g) deals with the sale of timber. Subsection (g)(1) states, “Possessory holding timber sales. Any possessory holding which is determined to have timber, the stumpage value of which is greater than $10,000.00, will be sold under a timber sale as set forth in 25 C.F.R. and 53 B.I.A.M. Sales may or may not be advertised. The area will be marked and trees to be cut will be marked. A timber cruise will determine the minimum acceptable stumpage rate. A Forest Officer’s report will be prepared as well as an Environmental Assessment and other studies as necessary. No timber sale will be conducted without the written consent, or at the request of, the possessory holder, obtained through the Tribal Council.”
Timber sales on tribal land is discussed in the following subsection (g)(2) which states in part, “Tribal land timber sales. All harvesting of products from Tribal lands shall be done under a timber sale (except for free use permits.) Sales will be kept as small as practical and will be advertised. A Forest Officer’s report shall set forth all pertinent information of the proposed sale.”
Currently, permits must be secured by possessory holders prior to gathering timber for personal use.
Section 74-4(e) deals with the permitting process and gives instructions for the various types including:
- Free use permits – possessory holdings (value not to exceed $4,500 in a calendar year), permits issued by Agency Forester. The Code states, “A free use permit will be issued to any possessory holder for the purpose of removing products for his or her personal use. Products cut under this authority are not to be sold or exchanged for other goods or services.”
- Tribal Reserve – The Code states, “Tribal Reserve: A free use permit will be issued to enrolled Tribal members who are 18 years or older for the purpose of removing products for his/her personal use. Products cut under this authority are not to be sold or exchanged for other goods or services.”
- Paid permits – possessory holdings (value not to exceed $10,000 in a calendar year). The Code states, “The area for harvest will be marked and trees to be cut will be marked. After marking the trees, an appraisal value will be set, as well as harvesting procedures, including a general environmental assessment.”
For several years, the above law was different. Ord. No. 959, passed on Aug. 6, 2009, amended Section 74-4 (e) adding a subsection (5) which read, “Permit distinction: Permits are not required for the cutting of firewood for personal uses on possessory holdings”.
This legislation, submitted by Morgan Bradley, Jim Bigwitch, and Kolanvyi (Big Cove) Rep. Perry Shell, stated in the whereas section, “The gathering of firewood on possessory holdings for personal use is a general need of tribal members, and the current policy of requiring free use permits for this activity is overreaching and should be excluded from the permitting process.”
This was overturned with the passage of Ord. No. 691 on April 14, 2011 which rescinded Ord. No. 959.
The legislation, submitted by the BIA Cherokee Division of Forestry and the EBCI Office of Environment and Natural Resources, stated in the whereas section, “Res. No. 58 was passed by the Tribal Council in October 2001 to avoid adverse impacts to the endangered Indiana bat as required by the U.S. Fish and Wildlife Service, and the revised policy of not requiring free use permits for the cutting of firewood for personal use on possessory holdings, passed through Ord. No. 959 by the Tribal Council in August 2009, is inconsistent with Res. No. 58 and nullifies the U.S. Fish and Wildlife Service’s concurrence that the Timber Management Plan would not adversely affect endangered Indiana bats.”
Dinilawigi has a Timber Committee. There is nothing in Tribal Code establishing the Committee nor speaking to the entirety of its duties and authority.
However, Section 74-4(g)(2) speaks about timber sales from tribal land and does state in part, “All harvesting of products from tribal lands shall be done under a timber sale (except for free use permits)…all timber sales shall require a valid Tribal Council resolution, unless authority for consent is granted to the Timber Committee.”
The Timber Committee for the 2023-25 Dinilawigi session include: Tsisqwohi (Birdtown) Rep. Jim Owle, Wayohi (Wolftown) Rep. Bo Crowe, Elawodi (Yellowhill) Rep. Tom Wahnetah, Aniwodihi (Painttown) Rep. Dike Sneed, Kolanvyi (Big Cove) Rep. Perry Shell, and Tutiyi/Tsalagi Gadugi (Snowbird/Cherokee County) Rep. Adam Wachacha.
