EBCI tribal legislative updates (Nov. 14)

by Nov 14, 2025NEWS ka-no-he-da0 comments

TRIGGER WARNING: This article contains references to violent and sexual crimes.

 

By SCOTT MCKIE B.P.

One Feather Asst. Editor

 

CHEROKEE, N.C. – The One Feather will now provide weekly 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.

 

Ordinances we’re currently watching

Ord. No. 2 (2025). This ordinance seeks to amend Cherokee Code Section 130 (Public Health) specifically regarding the Heart to Heart Child Advocacy Center.  The whereas section states, “To maintain consistency and continuity as a service provider, the Heart to Heart Child Advocacy Center would benefit from established definitions and a clearly defined program structure.”

Introduced: This ordinance, submitted by Anita Lossiah, EBCI Public Health and Human Services director of human services, was deemed read and tabled during Annual Dinilawigi on Monday, Oct. 13.

Action: There has been no action on this ordinance as of press time.

 

Ord. No. 3 (2025). This is an ordinance approving amendments to Cherokee Code Chapter 16D adding the Tribal Bingo Enterprise (TBE).  The whereas section states, “…the Tribal Council hereby adopts the following ordinance to amend the current UCC (Uniform Commercial Code) Ordinance codified at Chapter 16D to include the TBE in addition to the TCGE (Tribal Casino Gaming Enterprise)…”

Introduced: This ordinance, submitted by the Tribal Bingo Enterprise Board of Advisors, was deemed read and tabled during Annual Dinilawigi on Monday, Oct. 13.

Action: There has been no action on this ordinance as of press time.

 

Ord. No. 4 (2025). This ordinance seeks to add the charge of taking indecent liberties with children to the Cherokee Code.  The whereas section states, “Currently, the Cherokee Code does not prohibit the conduct commonly listed as ‘indecent liberties with children’; and the prohibited conduct within this proposed ordinance covers a broad range of behaviors that should be prohibited under Cherokee Law.”

Introduced: This ordinance, submitted by the EBCI Office of the Attorney General, was deemed read and tabled during Annual Dinilawigi on Monday, Oct. 13.

Action: There has been no action on this ordinance as of press time.

 

Ord. No. 5 (2025). This ordinance seeks to add the charges of manslaughter and involuntary manslaughter to Cherokee Code.  The whereas section states, “Currently, the Cherokee Code relies on common law definitions of voluntary and involuntary manslaughter and does not express the prohibition via statute; and codifying the common law crimes of voluntary and involuntary manslaughter is an exercise of sovereignty; and in doing so expresses Tribal Council’s intent to protect the citizens of the Eastern Band of Cherokee Indians by expanding criminal prohibitions to allow for more robust prosecutions.”

Introduced: This ordinance, submitted by the EBCI Office of the Attorney General, was deemed read and tabled during Annual Dinilawigi on Monday, Oct. 13.

Action: There has been no action on this ordinance as of press time.

 

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.

Action: A work session is scheduled for this ordinance on Thursday, Nov. 19 at 10 a.m.

 

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.

Action: A work session was held on this ordinance on Monday, Nov. 10.

 

Ord. No. 12 (2025). This ordinance seeks to amend Chapter 113 of the Cherokee Code regarding searches by game wardens.  The whereas section states that amendments are needed “to clarify that Game Wardens may conduct lawful searches in furtherance of their responsibilities to enforce game laws; and other amendments are also needed in Chapter 113 to reflect changes in the operation and terminology used by the Natural Resources Department and Natural Resources Enforcement”.

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.

Action: A work session was held on this ordinance on Monday, Nov. 10.

 

Ord. No. 13 (2025). This ordinance seeks to amend Chapter 113 of the Cherokee Code and establish a deer hunting season within the lands of the EBCI.  The whereas section states, “Currently, the Tribe allows for the hunting of various animals, but not deer; and it is not possible to establish a deer season which balances increased hunting opportunities for enrolled members and the responsible management of the deer population.”

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.

Action: A work session was held on this ordinance on Monday, Nov. 10.

 

Ord. No. 14 (2025). This ordinance seeks to amend Chapter 113 of the Cherokee Code to update the fishing laws of the EBCI.  The whereas section states, “…amendments are also needed in Chapter 113 to reflect changes in the operation and terminology used by the Natural Resources Department; and in order to clarify the Cherokee Code to reflect these changes in how the Tribe regulates its natural resources, specifically fish and recreational fishing…”

Among others, several proposed changes include:  Amending Section 113-5(b)(5) to read, “Using non-native bait determined by the Department to be invasive shall be unlawful.”  Also, there is a proposed change to fishing hours changing it from one hour before sunrise and one hour after sunset to thirty minute before sunrise and thirty minutes after sunset.

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.

Action: A work session was held on this ordinance on Monday, Nov. 10.

 

Ord. No. 17 (2025). This ordinance seeks to “amend Cherokee Code Sections 92-10 and 117-45.3 to allow program managers and directors who meet the definition of tribal official to be TERO certified and to be able to contract with the Tribe to provide certain services directly benefiting tribal members”.

The whereas section states, “There is no dispute about the intent and efficacy of the prohibition when it is applied to elected officials and higher-level appointed officials; and the prohibition, however, can impose a hardship on other employees who have become tribal employees after forming an outside business as a sole proprietor or a closely-held business that provided services to tribal members and their families.  Tribal law should be amended to remove the prohibition for tribal employees below the level of Division Secretary who may want to contract with the Tribe to provide desired services to tribal families on the Qualla Boundary.”

Introduced: This ordinance, submitted by Tyler Blankenship, was deemed read and tabled during Annual Dinilawigi on Oct. 16.

Action: A work session is scheduled for this ordinance on Thursday, Nov. 19 at 11 a.m.

 

Ord. No. 18 (2025). This ordinance seeks to amend Chapter 117 of the Cherokee Code to establish a Committee on Aging and Disability.  The whereas section states, “It is in the best interest of the Eastern Band of Cherokee Indians to modernize and update official terminology to reflect respectful and inclusive language by replacing the term ‘handicapped’ with ‘disabled’ and ‘elderly’ with ‘aging’; and the programs and tribal members will benefit by establishing the Committee on Aging and Disability within the Cherokee Code to ensure consistency, transparency, and accountability in programs that serve the aging and disabled populations of the EBCI.”

Introduced: This ordinance, submitted by EBCI Secretary of Community, Education, and Recreation Services Sky Sampson, was deemed read and tabled during Annual Dinilawigi on Oct. 16.

Action: There has been no action on this ordinance as of press time.

 

Ord. No. 39 (2025). This ordinance would create a Cherokee Fire and Rescue Commission in a new Chapter (not yet numbered) in the Cherokee Code.  The whereas section states, “The culture of fire and rescue departments are a unique environment that need guidance and direction from those who are knowledgeable of fire and rescue operations, as well as having experience in the field of fire and rescue; and the establishment of a Fire and Rescue Commission will provide the community with a resource that allows the people the opportunity to voice their questions, concerns, and opinions.”

Introduced: This ordinance, submitted by John Reed, was deemed read and tabled during Dinilawigi on Nov. 3.

Action: A work session is scheduled for this ordinance on Monday, Nov. 24 at 9:30 a.m.