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. 54 (2025). This ordinance seeks to amend Cherokee Code Sections 105-4, 106-21, and 106-22 to “clarify remedies for failure to pay Tribal levy and other fees and to clarify when appeals may be made to Business Committee”.
The whereas section states, “Tribal law requires businesses operating in Cherokee to do so under a Business License issued by the Tribe and to pay Tribal levy and other amounts to the Tribe; and periodically, businesses fail to pay their levy obligations to the Tribe in a timely manner. Some sections within Cherokee Code Chapter 105 and Chapter 106 should be amended to clarify and make consistent the authorities and remedies available to the Tribe when a business fails to pay Tribal levy and other fees required by Tribal law.”
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Dec. 4.
Action: There has been no action on this legislation as of press time.
Ord. No. 75 (2025). This ordinance seeks to amend Cherokee Code Section 17-12 regarding the Cannabis Control Board. The whereas section states, “Section 17-12 should be amended to clarify that the persons nominated by the Principal Chief are subject to confirmation by Tribal Council, that they may serve until their replacement is appointed, and to express that the members of the Board shall select one of the Board members to serve as Chairman of the Board”.
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Dec. 4.
Action: A work session is scheduled for this ordinance on Jan. 5, 2026 at 10 a.m.
Ord. No. 76 (2025). This ordinance seeks to amend Cherokee Code Sections 16-2.01 and 16A-3 regarding terms of members of the Tribal Gaming Commission (TGC) and the Tribal Casino Gaming Enterprise (TCGE) Board of Advisors respectively. The whereas section states, “Although the TGC and TCGE Board of Advisors have different roles and responsibilities, and work separately, the ordinances governing the TGC and the TCGE Board would be improved by making the terms of the members on each governing body consistent between them, to express the requirement for confirmation of appointees by Tribal Council, and to state that appointees may serve until their replacement is appointed”.
The ordinances also seeks to amend the term of office for the TGC from three years to five years.
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Dec. 4.
Action: A work session is scheduled for this ordinance on Jan. 5, 2026 at 11 a.m.
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.
Action: A work session was held on this ordinance on Wednesday, Nov. 19. This ordinance was re-tabled during the Dinilawigi session on Thursday, Dec. 4.
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. This ordinance was re-tabled during the Dinilawigi session on Thursday, Dec. 4. Another work session has been scheduled for Monday, Dec. 15 at 2:30 p.m.
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. This ordinance was re-tabled during the Dinilawigi session on Thursday, Dec. 4.
Res. No. 27 (2025). This resolution seeks to enhance the transparency by requiring regular reporting by the Executive and Legislative branches of the EBCI tribal government. The whereas section states, “Tribal Council passed Res. 308 (2020) that updated the reporting criteria and template for annual reports from tribal programs; and there is currently no requirement or mechanism that requires the Principal Chief, Vice Chief, or Tribal Council to provide a monthly or annual report of official business activities.”
The legislation adds, “…the Tribal Council hereby require the Principal Chief, Vice Chief, and Tribal Council to produce a monthly and annual report for dissemination to tribal news media outlets, community clubs, and the general EBCI constituency.”
Introduced: This resolution, submitted by Joey Owle of Wayohi (Wolftown), was read and then tabled during Annual Dinilawigi on Oct. 30.
Action: A work session is scheduled for this resolution on Tuesday, Dec. 16 at 9 a.m.
Res. No. 28 (2025). This resolution seeks an updated weighted vote used in Dinilawigi to be approved and implemented based on the 2023 EBCI Tribal Census.
Section 19 of the EBCI Charter and Governing Document states, “In order to provide equal representation to all members of the Eastern Band, the members of the Tribal Council shall, in their deliberations, cast votes on a weighted basis, with the weight of each vote determined by each Council member. A tribal census, for the purposes of determining the weight of the votes to be cast by each Tribal Council member, shall be conducted prior to the 1981 tribal election and prior to the election each ten years thereafter to determine the number of enrolled tribal members residing in each township.”
The whereas section of the resolution states, “The last update to the weighted vote in Cherokee Code Chapter 117 was in October 2001 via Res. 20 (2001).”
The resolution, if passed, directs the following, “…the Tribal Council hereby fulfill its responsibility to provide for accurate and fair representation of the constituents of each community by determining an updated weighted vote for each tribal community within (90) days of the passage of this resolution.”
Introduced: This resolution, submitted by Joey Owle and James Bradley, both of Wayohi, was read and and then tabled during Annual Dinilawigi on Oct. 30.
Action: A work session is scheduled for this resolution on Tuesday, Dec. 16 at 10 a.m.
Res. No. 30 (2025). This resolution seeks public access through the EBCI Tribal Portal to Granicus Legistar, the software used by the Tribal Operations Program (TOP) to manage legislation. The whereas section states, “The Tribal Operations Program has utilized Granicus Legistar, a comprehensive agenda and meeting management solution designed specifically for government organizations since about 2014; and Granicus Legistar streamlines the legislative process by managing documents, drafting files, and publishing agendas and minutes.”
If passed, the legislation directs the following, “…Tribal Council direct the IT Department to establish public access to Granicus Legistar, through the Tribal Member Portal, and provide for the greatest level of transparency in government activities, as permissible, through the functionality of Granicus Legistar.”
Introduced: This resolution, submitted by Joey Owle of Wayohi, was read and then tabled during Annual Dinilawigi on Oct. 30.
Action: A work session is scheduled for this resolution on Tuesday, Dec. 16 at 11 a.m.
