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
Ord. No. 157 (2026). This ordinance seeks to amend Cherokee Code Chapter 55D “to provide that revenues obtained by EBCI Holdings, LLC, from the Caesars Southern Indiana Casino, and distributed to the Tribe shall be allocated to the Tribe’s General Fund and Debt Service Sinking Fund”.
Currently, funds are allocated to the Debt Service Sinking Fund, Endowment Fund No. 1, Higher Education Endowment, Cherokee Indian Housing Reserve Account, and the Housing Fund. This ordinance seeks to amend that so that 50 percent of the revenue is allocated to the Tribal General Fund and 50 percent is allocated to the Tribe’s Debt Service Sinking Fund.
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell and EBCI Secretary of the Treasury Brandi Claxton, was deemed read and tabled during the Dinilawigi session on Thursday, April 2, 2026.
Recent Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.
Ord. No. 158 (2026). This ordinance seeks to amend Cherokee Code Chapter 47E to place a ban on data centers establishing a Data Center Development Moratorium within the lands of the Eastern Band of Cherokee Indians.
The whereas section of this legislation states in part, “High impact digital infrastructure facilities (herein referred to as data centers), present a clear and present danger to the lands and people of the Eastern Band of Cherokee Indians; and these facilities have often been forced on rural areas in western North Carolina and have made the quality of life considerably worse for those who live nearby them.”
It continues, “These facilities require an enormous amount of water to operate, and we recognized that our water is sacred and should not be used for this purpose; and it is well documented that these facilities create a humming sound which causes nearby residents to develop health problems of both a physical and mental variety.”
The ordinance calls for the moratorium to “remain in effect indefinitely”.
Introduced: This ordinance, submitted by Kolanvyi (Big Cove) Rep. Lavita Hill, Kolanvyi Rep. Venita Wolfe, Aniwodihi (Painttown) Rep. Shannon Swimmer, and Elawodi (Yellowhill) Rep. Shennelle Feather, was deemed read and tabled during the Dinilawigi session on Thursday, April 2, 2026.
Recent Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.
Ord. No. 159 (2026). This ordinance seeks “to amend Cherokee Code Chapter 47D and Chapter 47B to update the Tribe’s laws on the assignment of possessory holdings by Tribal Council”.
The whereas section of this legislation states, “The Tribe first adopted laws describing the process by which Tribal Council assigns a possessory holding to an enrolled member of the Tribe in 1976 and codified the process in the Cherokee Code in 1988 titled ‘Assignment of Home Sites’ in Chapter 47; and the section regarding the assignment of possessory holdings is currently in Section 47D-4, and since its initial adoption, the Tribe has seen significant change in its laws, procedures, and government structure.”
It continues, “Section 47D-4 does not address the appropriate standards by which to identify property suitable for assignment to an enrolled member of the Tribe, the process by which their applications for land to Tribal Council should be addressed, how much the tribal member should pay for the possessory holding, nor the appropriate tribal agency that should maintain the applications for land or notify both the enrolled member and Tribal Council if the property should revert to the Tribe.”
Introduced: This ordinance, submitted by EBCI Lands Committee, was deemed read and tabled during the Dinilawigi session on Thursday, April 2, 2026.
Recent Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.
Recently Passed
Ord. No. 137 (2026) – This ordinance seeks “to amend Tribal law to provide that distributions from the Minor’s Trust Fund to eligible enrolled members may be made as part of the Tribe’s GenWell program, and not subject to federal income tax, when the distributions comply with requirements of the General Welfare Exclusion adopted by the Internal Revenue Service.”
The whereas section states, “Historically, per capita distributions from the Minor’s Trust Fund have been subject to federal income taxation; and the U.S. Internal Revenue Service has issued guidance, or is expected to issue guidance, providing that distributions from the Minor’s Trust Fund to eligible enrolled members may satisfy GWE (General Welfare Exclusion) requirements and therefore be free from federal taxation as income.”
The ordinance proposes minor language changes to Cherokee Code Chapter 16C (Gaming Revenue Allocation Plan) to make the above amendments regarding GenWell.
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell and EBCI Secretary of the Treasury Brandi Claxton, was deemed read and tabled during the Dinilawigi session on Thursday, March 5, 2026.
Recent Action: This ordinance was passed 10-0 {Dinilawigi Gahvsgi (Tribal Council Chairman) Jim Owle and Tutiyi/Tsalagi Gadugi (Snowbird/Cherokee County) Rep. Adam Wachacha absent} during the Dinilawigi session on Thursday, April 2, 2026. (Note: A substitute was submitted during the April 2 session. The One Feather has not yet received this substitute ordinance. We will update this post with a link to that legislation once it is received.)
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.
Recent Action: This ordinance was tabled again during the Dinilawigi session on Thursday, April 2, 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.
Recent Action: This ordinance was re-tabled during the Dinilawigi session on Thursday, April 2, 2026.
Ord. No. 135 (2026) – This ordinance seeks to establish a hunting season for elk on the lands of the EBCI.
The whereas section of the legislation states, “Currently, the Tribe allows for the hunting of various animals, but not elk; and it is now possible to establish a limited elk season which balances increased hunting opportunities for enrolled members and the responsible management of the elk population on tribal lands.”
This ordinance seeks several changes to Cherokee Code Chapter 113 including removing the word “elk” from Sec. 113-5(a)(6) which currently states, “It shall be unlawful to hunt, trap, kill, or take any bird of prey or elk.”
It also seeks to add subsection (g) in Section 113-8 (Big Game) as follows:
(g) The season for hunting elk shall be Oct. 1 through Nov. 1.
(1) Hunting elk shall be by permit only as issued by the Natural Resources Department.
(2) The bag limit for elk is one per permit.
(3) A hunting license is not a substitute for an elk hunting permit.
(4) The Natural Resources Department shall adopt rules, including but not limited to the manner of taking, harvest reporting systems, and permit feels and allocation methods to regulate elk hunting.
Introduced: This ordinance, submitted by the EBCI Natural Resources Dept. and the Timber Committee, was deemed read and tabled during the Dinilawigi session on Thursday, March 5, 2026.
Recent Action: This ordinance was re-tabled during the Dinilawigi session on Thursday, April 2, 2026.
Ord. No. 136 (2026) – This ordinance seeks to “establish the Eastern Band of Cherokee Indians’ digital sovereignty”.
The whereas section states, “Digital sovereignty encompasses:
- Tribal governance over network infrastructure (broadband, internet service providers, communications)
- Control and stewardship of tribal data (collection, storage, sharing, privacy)
- Self-determined digital policy frameworks that reflect Indigenous values and community needs
- Using digital infrastructure to support education, healthcare, public safety, economic development, and community services under tribal control.”
The whereas goes on to state, “Digital infrastructure and access remain uneven across Indian Country. Developing an Eastern Band of Cherokee Indians digital sovereignty law offers a roadmap to build and govern our infrastructure – tailored to our needs, not imposed from outside. Empowering tribal control of data and tech supports broader sovereignty: economic development, public safety, community health, education, climate resilience, natural resources protection, and cultural preservation.”
There were no changes to the Cherokee Code referenced in this proposed ordinance.
Introduced: This ordinance, submitted by Wayohi (Wolftown) Rep. Mike Parker, was deemed read and tabled during the Dinilawigi session on Thursday, March 5, 2026.
Recent Action: This ordinance was re-tabled during the Dinilawigi session on Thursday, April 2, 2026.
