EBCI tribal legislative updates (Jan. 8)

by Jan 8, 2026NEWS ka-no-he-da0 comments

By SCOTT MCKIE B.P.

One Feather Asst. Editor

 

CHEROKEE, N.C. – The One Feather will now provide regular legislative updates on various pieces of legislation of the Dinilawigi (Tribal Council) of the Eastern Band of Cherokee Indians (EBCI). The focus will be on ordinances that change Cherokee Code, but sometimes resolutions of importance to the operation of the tribal government will also be included. The legislation is shown in the order in which they were introduced following the new ones for the week.

New Ordinances

There were no new ordinances submitted during the regular Dinilawigi session on Thursday, Jan. 8, 2026.

 

Recently passed, killed, or withdrawn

Ord. No. 75 (2025). This ordinance seeks to amend Cherokee Code Section 17-12 regarding the Cannabis Control Board.  The whereas section states, “Section 17-12 should be amended to clarify that the persons nominated by the Principal Chief are subject to confirmation by Tribal Council, that they may serve until their replacement is appointed, and to express that the members of the Board shall select one of the Board members to serve as Chairman of the Board”.

Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Dec. 4, 2025.

Action: This ordinance passed by a vote of 11-1 during the Dinilawigi session on Thursday, Jan. 8, 2026.  Kolanvyi (Big Cove) Rep. Lavita Hill was the lone dissenting vote.

 

Ord. No. 76 (2025). This ordinance seeks to amend Cherokee Code Sections 16-2.01 and 16A-3 regarding terms of members of the Tribal Gaming Commission (TGC) and the Tribal Casino Gaming Enterprise (TCGE) Board of Advisors respectively.  The whereas section states, “Although the TGC and TCGE Board of Advisors have different roles and responsibilities, and work separately, the ordinances governing the TGC and the TCGE Board would be improved by making the terms of the members on each governing body consistent between them, to express the requirement for confirmation of appointees by Tribal Council, and to state that appointees may serve until their replacement is appointed”.

The ordinances also seeks to amend the term of office for the TGC from three years to five years.

Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Dec. 4, 2025.

Action: This ordinance was withdrawn during the Dinilawigi session on Thursday, Jan. 8, 2026. The vote to withdraw went as follows: For – Dinilawigi Chairman Jim Owle, Dinilawigi Vice Chairman David Wolfe, Wayohi (Wolftown) Rep. Mike Parker, Wayohi (Wolftown) Rep. Bo Crowe, Aniwodihi (Painttown) Rep. Michael Stamper, Kolanvyi (Big Cove) Rep. Venita Wolfe, Tutiyi/Tsalagi Gadugi (Snowbird/Cherokee County) Rep. Michael Smoker, and Tutiyi/Tsalagi Gadugi (Snowbird/Cherokee County) Rep. Adam Wachacha; Against – Kolanvyi (Big Cove) Rep. Lavita Hill, Aniwodihi (Painttown) Rep. Shannon Swimmer, Elawodi (Yellowhill) Rep. Shennelle Feather, and Tsisqwohi (Birdtown) Rep. Boyd Owle.

 

Legislation we’re currently watching

Ord. No. 6 (2025). This ordinance seeks to amend Chapter 7 (Judicial Code) of the Cherokee Code.  The whereas section states that section “should be amended to clarify and add provisions controlling matters such as the structure and operation of the courts, the roles and powers of the judicial officers, and the procedures ensuring independent and impartial judicial officers”.

Introduced: This ordinance, submitted by Cherokee Chief Justice Bradley Letts, was deemed read and tabled during Annual Dinilawigi on Monday, Oct. 13, 2025.

Action: A work session was held on this ordinance on Wednesday, Nov. 19, 2025.  This ordinance was re-tabled during the Dinilawigi session on Thursday, Dec. 4, 2025. This ordinance was re-tabled during the Dinilawigi session on Thursday, Jan. 8, 2026.

 

Ord. No. 11 (2025). This ordinance seeks to amend Chapter 113G of the Cherokee Code regarding underground storage tanks.  The whereas section states, “Regulation of USTs (underground storage tanks) is an important topic because they often serve as holding containers for gasoline and petroleum products, which can cause environmental damage if leaked into the ground or into a water source; and updating regulation is also important because doing so is needed to maintain the Tribe’s Memorandum of Agreement with the North Carolina Department of Environmental Quality and U.S. Environmental Protection Agency through which UST owners and operators have access to North Carolina’s Leaking Underground Storage Tank Trust Fund.”

Introduced: This ordinance, submitted by Michael LaVoie on behalf of the EBCI Natural Resources Dept., was deemed read and tabled during Annual Dinilawigi on Monday, Oct. 13, 2025.

Action: A work session was held on this ordinance on Monday, Nov. 10, 2025.  This ordinance was re-tabled during the Dinilawigi session on Thursday, Dec. 4, 2025. This ordinance was re-tabled during the DInilawigi session on Thursday, Jan. 8, 2026.

 

Ord. No. 54 (2025). This ordinance seeks to amend Cherokee Code Sections 105-4, 106-21, and 106-22 to “clarify remedies for failure to pay Tribal levy and other fees and to clarify when appeals may be made to Business Committee”.

The whereas section states, “Tribal law requires businesses operating in Cherokee to do so under a Business License issued by the Tribe and to pay Tribal levy and other amounts to the Tribe; and periodically, businesses fail to pay their levy obligations to the Tribe in a timely manner.  Some sections within Cherokee Code Chapter 105 and Chapter 106 should be amended to clarify and make consistent the authorities and remedies available to the Tribe when a business fails to pay Tribal levy and other fees required by Tribal law.”

Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Dec. 4, 2025.

Action: This ordinance was re-tabled during the Dinilawigi session on Thursday, Jan. 8, 2026.