EBCI legislative updates (June 4)

by Jun 4, 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

Ord. No. 210 (2026). This ordinance seeks to create Cherokee Code Chapter 41 “defining the different types of ownership of a possessory holding”.

The whereas section states, “The Tribe has long practiced and adopted the different types of joint ownership in a possessory holding such as tenancy by the entirety between enrolled spouses and tenancy in common between two or more owners of a possessory holding, and this practice has never been codified in the Cherokee Code.”

It continues, “It would be helpful for the public and for tribal government agencies to amend the Cherokee Code to provide guidance and definition for the different types of joint ownership in a possessory holding.”

Introduced: This ordinance, submitted by the EBCI Lands Committee, was deemed read and tabled during the Dinilawigi session on Thursday, June 4, 2026.

Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.

 

Ord. No. 211 (2026). This ordinance seeks to create Cherokee Code Chapter 47 “establishing Tribal Realty Services in the Cherokee Code”.

The whereas section states, “Tribal Realty Services is the place for official recording of documents and other instruments affecting or describing ownership of interests in tribal land, including, but not limited to, possessory holding transfers, residential and commercial leases, deed of trusts, and plats; and additionally, Tribal Realty Services drafts legal documents for the wider public such as transfer documents, estate resolutions, leases that comply with 25 C.F.R. Part 162, and plats.”

It continues, “Tribal Realty Services include Realty Services, Geographic Information Systems, and Surveying; however, Tribal Realty Services has not been recognized or authorized in the Cherokee Code.”

Introduced: This ordinance, submitted by Director of Tribal Realty Services Cruz Galaviz, was deemed read and tabled during the Dinilawigi session on Thursday, June 4, 2026.

Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.

 

Ord. No. 212 (2026). This ordinance seeks to amend Cherokee Code Chapter 19 making it “unlawful for any owner to create a public nuisance with their animals”.

The whereas section states, “There have been multiple issues with the process that is established to have a written order to begin the process for establishing a public nuisance case against the owner of said animal(s); and, there are two tribal programs that must cooperate efficiently in order to successfully follow through in these processes to maintain the safety of the communities that they monitor and safeguard.  This can cause confusion and frustration when the two programs are not contacted in the appropriate manner during times of distress from an animal.”

It continues, “The public relies on (Cherokee) Animal Control and the Cherokee Indian Police Department to work in the best interest of the communities to create a healthy and safe homeland.”

Introduced: This ordinance, submitted by Aniwodihi (Painttown) Rep. Michael Stamper, was deemed read and tabled during the Dinilawigi session on Thursday, June 4, 2026.

Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.

 

Legislation passed recently

Ord. No. 11 (2025). This ordinance amends 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 passed unanimously during the Dinilawigi session on Thursday, June 4, 2026.

 

Ord. No. 136 (2026). This ordinance will “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 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 passed unanimously during the Dinilawigi session on Thursday, June 4, 2026.

 

Ord. No. 185 (2026). This ordinance amends and expands “drug trafficking to include synthetic opioids and opium”.

The whereas section states, “Changes in the chemical compounds and nature of certain controlled substances have necessitated a change in the language of the Cherokee Code; and specifically, the term ‘opiate’ is defined as ‘any substance…similar to morphine’; and fentanyl is a synthetic compound which falls into the separate defined category of ‘opioids’.”

The ordinance specifically amends Cherokee Code Sec. 14-95.9(a)(v) adding the terms “Opioids” and “Opium” to the list of controlled substances regarding the crime of drug trafficking.

Introduced: This ordinance, submitted by the EBCI Office of the Attorney General, was deemed read and tabled during the Dinilawigi session on Thursday, May 7, 2026.

Recent Action: This ordinance was passed unanimously during the Dinilawigi session on Thursday, June 4, 2026.

 

Ord. No. 187 (2026). This ordinance amends Cherokee Code Sec. 75-53 regarding the hiring of the editor of the Tsalagi Soquo Ugidahli (Cherokee One Feather) tribal newspaper.

The whereas section states, “The Cherokee Code provides for decisions of termination of the Tsalagi Soquo Ugidahli editor to be determined by agreement of the Ugvwiyuhi (Principal Chief), Taline Ugvwiyu (Vice Chief), and two-thirds of the sitting Editorial Board; and there is no provision in the Cherokee Code for the Editorial Board to be a part of the selection of the Tsalagi Soquo Ugidahli editor; and this creates a real or perceived political influence on the Tsalagi Soquo Ugidahli due to the lack of Editorial Board representation in the editor hiring process.”

An amendment was approved prior to passage which adds the following sentence to Sec. 75-75(e)(Editor and staff), “A majority of the Executive Committee and Editorial Board are required to select or hire the Cherokee One Feather Editor.”

Introduced: This ordinance, submitted by the Tsalagi Soquo Ugidahli Editorial Board, was deemed read and tabled during the Dinilawigi session on Thursday, May 7, 2026.

Recent Action: This ordinance was passed 11-1 during the Dinilawigi session on Thursday, June 4, 2026 with Kolanvyi (Big Cove) Rep. Venita Wolfe being the dissenting vote.

 

Ord. No. 188 (2026).  This ordinance creates a new chapter of the Cherokee Code regarding Unmanned Aircraft Systems (aka drones).

The whereas section states, “The Cherokee Code does not currently have a chapter or section permitting or regulating the use of unmanned aircraft, commonly known as drones; and the use of unmanned aircraft can serve a beneficial purpose to tribal agencies and the general public; and this benefit, however, must be balanced with restrictions and protections for the general public.”

This ordinance creates Chapter 21 of the Cherokee Code named Unmanned Aircraft Systems.

Introduced: This ordinance, submitted by CIPD Chief of Police Carla Neadeau, was deemed read and tabled during the Dinilawigi session on Thursday, May 7, 2026.

Recent Action: This ordinance was passed unanimously during the Dinilawigi session on Thursday, June 4, 2026.

 

Legislation we’re currently watching

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 tabled again during the Dinilawigi session on Thursday, June 4, 2026.

 

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: This ordinance was tabled again during the Dinilawigi session on Thursday, June 4, 2026.

 

Ord. No. 184 (2026). This ordinance seeks to amend Cherokee Code Section 19-15 (Caging of Animals) and Section 19-16 (Black bears).

The whereas section of this legislation states, “Caring for and living with and among our native bears has a long and storied tradition; and the bears were the first to meet in council in their townhouse under Kuwohi, the mulberry place; and the bears are transformed Cherokee of the old clan of the Ani-Tsaguhi, and their chief is White Bear, who lives at Kuwohi near the enchanted lake of Atagahi, to which the wounded bears would go to be cured of their hurts.”

It continues, “Caging these highly intelligent animals, who are so important to our tribal people through history, in sad concrete pens, is a relic of the past and needs to be remedied; and the practice of caging these bears has been a blight on our tribe, making this action necessary today.”

This ordinance seeks to add subsection (c) to Sec. 19-15 to read, “Any person or business within the territorial jurisdiction of the Eastern Band of Cherokee Indians who shall cage or hold in captivity any bear for the purpose of exhibiting the bear to the public shall be guilty of a crime punishable by imprisonment of up to one year or a fine not to exceed $5,000 or both.”

This ordinance also seeks to remove all of Sec. 19-16 and replace with the following language, “Henceforth, no bear shall be caged or held in captivity for the purpose of exhibiting the bear to the public by any person or business within the territorial jurisdiction of the Eastern Band of Cherokee Indians.  Violation of this section is a crime punishable pursuant to Section 19-15(c).  Any such bear previously held in captivity under this prior Section 19-16(1) through (7) shall be safely and humanely transferred to an animal sancturary off the territorial lands of the Eastern Band of Cherokee Indians.  The Cherokee Animal Control Department shall work with any previous bear owners to supervise and coordinate such safe and humane transfer, which shall occur within 30 days of the ratification of this Ordinance by the Principal Chief.”

Introduced: This ordinance, submitted by Mary Crowe, an elder of the EBCI from Elawodi (Yellowhill), was deemed read and tabled during the Dinilawigi session on Thursday, May 7, 2026.

Recent Action: This ordinance was tabled during the Dinilawigi session on Thursday, June 4, 2026.

 

Ord. No. 186 (2026). This ordinance seeks “to clarify and correct the Cherokee Code to reflect the intent of Tribal Council concerning the use of UTVs on approved roads”.

The whereas section states, “Cherokee Code (Sec.) 20-308 provides that ‘UTVs operated on UTV-allowed roads shall be operated in accord with applicable law and rules of the road as would apply to passenger motor vehicles on such roads’; and this provision can be interpreted to mean that all the rules of passenger motor vehicles traveling on the road, to include registration requirements, apply to UTVs while on the roads as well.”

Introduced: This ordinance, submitted by Cherokee Indian Police Dept. Chief of Police Carla Neadeau, was deemed read and tabled during the Dinilawigi session on Thursday, May 7, 2026.

Recent Action: This ordinance was tabled during the Dinilawigi session on Thursday, June 4, 2026.