By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – The Lands Committee, originally known as the Land Committee, was established with the passage of Res. No. 520 on Oct. 12, 1962. The legislation stated, “Be It Resolved that the Tribal Council be authorized to appoint a three-man Land Committee with three alternates which hereafter will be called the Land Committee, such committee whose sole duty will be to make final settlement of boundary line disputes between members of the Eastern Band of Cherokee Indians.”
In current Cherokee Code, Sec. 117-34(a) outlines the purpose of the Committee as follows, “It shall be the goal of the Lands Committee to resolve disputes between family, Tribal members, and interested parties that involve the ownership or inheritance rights of any land held in trust for the Eastern Band of Cherokee Indians, including the land located within the Qualla Boundary and reservation of the Eastern Band of Cherokee Indians. Whenever possible, the Lands Committee shall give the interested parties the opportunity to resolve the disputes without the intervention or adjudication of the Lands Committee. Section 16 of the Charter and Governing Document grants the Tribe the authority to direct the control and management of all real property belonging to the Tribe. If an interested party disagrees with a decision made by Lands Committee, it may appeal the decision to the Tribal Council pursuant to Cherokee Code Sec. 117-34(f).”
Sec. 117-34(d) discusses the authority and jurisdiction of the Committee. It states, “The Lands Committee is hereby granted the following authority: (1) To settle and provide final decisions over possessory holding boundary line disputes. (2) To authorize divisions of possessory holdings when interested parties own the possessory holdings in common in the event of a dispute. (3) To approve administrative corrections for property records held in the Tribal Realty Office. (4) To amend Lands Committee policies and procedures subject to Tribal Council approval.”
Ord. No. 219 (2022), passed on April 7, 2022, amended Sec. 117-34(a)(5). Previously, that section read that the Lands Committee is responsible for “Governing disputes over all lands owned by the Eastern Band of Cherokee Indians, whether trust or non-trust.”
That section was amended with the passage of Ord. No. 219 to read, “Governing real property disputes over trust lands owned by the Eastern Band of Cherokee Indians.”
Sec. 117-34(c) states the membership of the Lands Committee as follows: “(1) Tribal Council Chairman shall appoint five seated Tribal Council members to the Lands Committee.” This makes a total of six people on the Committee.
The current Lands Committee is comprised of the following Dinilawigi (Tribal Council) representatives: Tsisqwohi (Birdtown) Rep. Boyd Owle, Dinilawigi Chairman Mike Parker, Dinilawigi Vice Chairman David Wolfe, Aniwodihi (Painttown) Rep. Michael Stamper, Kolanvyi (Big Cove) Rep. Perry Shell, and Tutiyi (Snowbird)/Tsalagi Gadugi (Cherokee County) Rep. Bucky Brown.
Sec. 117-34(e)(3)(A) states that the Lands Committee will meet on the second and fourth Thursday of each month.
Sec. 117-34(f) deals with appeals of decisions made by Lands Committee with (f)(2)(B) stating, “All final decisions of the Lands Committee shall include a paragraph containing the following language: ‘You may appeal the decision of the Lands Committee to the Tribal Council within 30 days of the date of this notice by submitting a notice of appeal to the Tribal Council Chairman through the Tribal Operations Program.’”
Sec. 117-34(f)(3)(C) states, “If review of the appeal is deemed appropriate by the Tribal Council Chairman, the Tribal Council Chairman shall schedule an appeal hearing before the Tribal Council. The decision of the Lands Committee shall be stayed until such time as the appeal is heard and decided.”
