By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – The Business Committee of the Eastern Band of Cherokee Indians (EBCI) has many varied functions as outlined throughout the Cherokee Code. Its duties and existence are covered in Cherokee Code Sec. 117-33.
Membership on the Business Committee is found in Sec. 117-33(c) and currently consists of the following people: Ugvwiyuhi (Principal Chief) Michell Hicks, Taline Ugvwiyu (Vice Chief) Alan B. Ensley, Dinilawigi (Tribal Council) Chairman Mike Parker, Dinilawigi Vice Chairman David Wolfe, Tsisqwohi (Birdtown) Rep. Jim Owle, Aniwodihi (Painttown) Rep. Dike Sneed, Kolanvyi (Big Cove) Rep. Perry Shell, and Tutiyi/Tsalagi Gadugi (Snowbird/Cheroke County) Rep. Adam Wachacha.
Prior to the passage of Ord. No. 275 (2014) on Sept. 4, 2014, the Business Committee was comprised of only four voting members including: Ugvwiyuhi, Taline Ugvwiyu, Dinilawigi Chair, and Dinilawigi Vice Chair. That legislation increased the number to eight.
At that time, Sec. 117-33(c) was amended to include the four mentioned above “and four other members of Tribal Council which shall consist of a member from the four communities not yet represented”.
That legislation was approved by a weighted vote of 94 for and 6 absent. It was subsequently vetoed by Ugvwiyuhi Hicks.
In his veto letter, Ugvwiyuhi Hicks wrote in part, “As Principal Chief, I am obligated to ensure that the administration of tribal laws, regulations, and the operation od daily tribal affairs succeed in an efficient and legal manner. Placing six Tribal Council members on the Business Committee significantly alters the nature of that committee and its past practices.”
He further wrote, “My main concern is that the Business Committee is no longer a co-equal representation of tribal leadership working together in its oversight of tribal administrative duties concerning land, business, and economic transactions. It is not a legislative committee potentially infringing on executive, administrative authorities. It is my obligation to question the role of any legislative committee to ensure that administrative duties are not co-mingled with legislative duties in order to maintain a fair balance of power between the tribal branches of government.”
The veto was not upheld during the Dinilawigi session of Oct. 13, 2014, and the four members of Dinilawigi were added to the Business Committee.
The main duties of the Business Committee are outlined in the first two sections of Sec. 117-33.
Sec. 117-33(a) states, “The Committee shall approve all sales of improvements among Tribal members together with any transfers of ownership or occupancy of any Tribal lands. The Committee shall negotiate and execute on behalf of the Tribe all leases or permits for both assigned and unassigned Tribal lands in compliance with existing Tribal law and federal law and regulations appertaining thereto and based upon the merits of each application.”
Sec. 117-33(b) states, “The Committee shall approve leasehold estate mortgages by nonmembers when such mortgage will secure a loan to construct a business on leased premises or improve and upgrade an existing business on leased premises. Only mortgages to secure loans from licensed and accredited state or federal lending agencies shall be approved. A material factor in approving such mortgages shall be the financial statements, character and credit references of the applicant, and the Committee shall ensure that the applicant is of good character, has the ability and experience to operate the business enterprise successfully and has sufficient capital to conduct the enterprise on a sound financial basis.”
Ord. No. 240 (2024), passed on July 11, 2024, amended Cherokee Code Sec. 106-15 prohibiting discrimination of EBCI tribal members by local hotel/motel operators. What this law also did was add a section to the Business Committee law at Sec. 117-33 as follows: “(d) In addition to the authority given to the Tribal Business Committee in Cherokee Code Chapter 106 to take certain actions to address compliance with that chapter, the Business Committee is authorized to impose fines in the amounts provided in that chapter and in Cherokee Code Chapter 105, to enforce compliance therewith.”
Following are some of the other duties of the Business Committee which can be found throughout the Code.
Chapter 143 deals with Building Codes and Flood Control. Sec. 143-1 states, “The Tribal Business Committee shall review and approve all construction, structural alterations, and beautification plans for all business enterprises located on the Cherokee Indian Reservation. One copy of plans and specifications shall be filed with the Committee prior to approval.”
Sec. 143-1(a) adds, “The Business Committee will review and approve or disapprove plans for construction and beautification of business sites. Before any construction or major alteration of business places is done, plans for same must be approved by the Business Committee.”
Article III of Chapter 105 (Taxation) deals with ‘Tax on Unauthorized Use of Tribal Land’.
Sec. 105-50(a) describes the tax, “Any person who enters on and uses or occupies tribal land without proper authority from the Tribe, for any period greater than 24 hours, shall be required to pay the tax described in this article.”
Sec. 105-52 (Role of Finance Office and Business Committee) states, “All matters regarding the tax shall be decided by the Business Committee or by the Finance Office upon delegation of authority by the Business Committee.”
Chapter 106 deals with Business Regulation and Sec. 106-4 (Business Committee discretion) states, “The Business Committee shall administer this Article and has the discretion to take all steps necessary and proper to enforce compliance with this Article including, but not limited to, prohibiting the introduction of certain goods or services onto tribal land, directing that any or all tribal business licenses be suspended or revoked and directing that any or all applications for tribal business licenses or renewals thereof be rejected.”
Chapter 47-D deals with Leasing and Sec. 47D-22(b) states, “At the discretion of the Business Committee, any lease of tribal land held in trust by the federal government for the purposes authorized by this chapter, except a lease for the exploration, development, or extraction of any mineral resources, shall not require the additional approval of the Secretary of the Department of the Interior so long as the tribal regulations promulgated by Tribal Realty Services Office and used in administering such leases are compliant with 25 USC 415(h).”
