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. 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: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.
Ord. No. 136 (2026) – This ordinance seeks to “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 proposed 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: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.
Ord. No. 137 (2026) – This ordinance seeks “to amend Tribal law to provide that distributions from the Minor’s Trust Fund to eligible enrolled members may be made as part of the Tribe’s GenWell program, and not subject to federal income tax, when the distributions comply with requirements of the General Welfare Exclusion adopted by the Internal Revenue Service.”
The whereas section states, “Historically, per capita distributions from the Minor’s Trust Fund have been subject to federal income taxation; and the U.S. Internal Revenue Service has issued guidance, or is expected to issue guidance, providing that distributions from the Minor’s Trust Fund to eligible enrolled members may satisfy GWE (General Welfare Exclusion) requirements and therefore be free from federal taxation as income.”
The ordinance proposes minor language changes to Cherokee Code Chapter 16C (Gaming Revenue Allocation Plan) to make the above amendments regarding GenWell.
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell and EBCI Secretary of the Treasury Brandi Claxton, was deemed read and tabled during the Dinilawigi session on Thursday, March 5, 2026.
Recent Action: Per Cherokee Code Sec. 117-38(a), all ordinances must set for 25 calendar days prior to being acted upon.
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, 2025.
Recent Action: This ordinance was tabled again during the Dinilawigi session on Thursday, March 5, 2026.
Recently Passed
Ord. No. 108 (2026) – This ordinance, which has been deemed the William Thomas “Dooley” Saunooke law, amends Cherokee Code Sec. 113-4 to codify the actions of fishing guides.
The ordinance adds a section to Cherokee Code Sec. 113-4 entitled ‘Fishing Guides’ that reads as follows:
- A ‘fishing guide’ is defined as someone who provides knowledge, instruction, or assistance to an angler during a fishing trip for payment or other renumeration from or on behalf of the angler. This term does not include fishing instructors acting on behalf of Cherokee Central Schools or the Eastern Band of Cherokee Indians.
- Fishing guides must have a valid fishing license issued by the Department.
- Fishing guide licenses may only be issued to: (1) An enrolled member of the Eastern Band of Cherokee Indians. (2) A parent of an enrolled member of the Eastern Band of Cherokee Indians. (3) A spouse of an enrolled member of the Eastern Band of Cherokee Indians.
Introduced: This ordinance was submitted by Dinilawigi Gahvsgi (Tribal Council Chairman) Jim Owle and Tsisqwohi (Birdtown) Rep. Boyd Owle during the Dinilawigi session on Thursday, Feb. 5, 2026.
Recent Action: This ordinance was passed 10-2 during the Dinilawigi session on Thursday, March 5, 2026. The two dissenting votes were Aniwodihi (Painttown) Rep. Michael Stamper and Kolanvyi (Big Cove) Rep. Venita Wolfe.
Killed or Withdrawn
Ord. No. 107 (2026) – This ordinance sought to amend several portions of Cherokee Code regarding the filing and publishing of ethics reports generated by the EBCI Office of Internal Audit and Ethics.
The whereas section of the legislation states, “These laws were written broadly and, in their current form, sometimes allow a person to file a complaint based on allegations that are false or cannot be substantiated; and these laws have resulted in the publication of reports even when the Office of Internal Audit and Ethics has found that the person against whom the complaint was made did not violate the Code of Ethics, and the publication causes unfair and damaging publicity for the person who did no wrong.”
Following are some of the changes that were sought in this ordinance:
- Amend Cherokee Code Sec. 96-6(a) to change the time “any covered employee who believes that he or she has been subject to prohibited discrimination found in Cherokee Code Section 96-5” from 180 calendar days to 30 calendar days.
- Amend Cherokee Code Sec. 117-45.1(a)(1) regarding the definition of “Tribal Official” as it relates to appointed positions.
- Amend Cherokee Code Sec. 117-45.3(k) regarding reporting of gifts and donations by tribal officials. Right now, the Code reads, “Tribal officials shall report to the Office of Internal Audit and Ethics, in accordance with that office’s rules of procedure, any gift, donation, or contribution received or provided by the tribal official.” The ordinance seeks to amend that line to insert “in excess of $200 in value” after the word contribution.
- Amend several parts of Cherokee Code Sec. 117-107 regarding reports from both audits and investigations adding that the reports where a violation was found would be distributed. It also seeks to eliminate most of Sec. 117-107(c) regarding the handling of the reports and submission of them to the One Feather for publishing. First off, that subsection would be renamed from Public records to Referral for prosecution. Three entire subsections would be deleted regarding the reports being sent to the Office of the Attorney General for any redactions and then sent to the One Feather for publication. Those processes would be amended, and Sec. 117-107(c) would simply read, “Completed the final audit reports and investigative reports issued by the Office of Internal Audit and Ethics which conclude a violation of the Code of Ethics occurred shall be forward to the Tribal Prosecutor for potential criminal investigation and prosecution.”
Introduced: This ordinance, submitted by EBCI Attorney General Michael McConnell, was deemed read and tabled during the Dinilawigi session on Thursday, Feb. 5, 2026.
Recent Action: This ordinance was withdrawn during the Dinilawigi session of Thursday, March 5, 2026 at the request of Ugvwiyuhi (Principal Chief) Michell Hicks. He noted that a new version may be submitted following discussions at a work session held Monday, March 2, 2026.
Ord. No. 110 (2026) – This ordinance sought to amend Cherokee Code Chapter 40 (Eminent Domain) regarding condemnation of land for public purpose, compensation of land holder, and determination of land value.
One part of this ordinance sought to amend Cherokee Code Sec. 40-1 which now reads, “The Tribe shall have power to condemn land within the Cherokee Indian Reservation whenever such land is deemed by the Tribal Council to be necessary for a public purpose. The exercise of eminent domain shall be initiated by the Tribal Council passing a resolution identifying the land to be taken for a public purpose, the possessory holder and leasehold tenants and the purpose for which the land will be used.”
The ordinance sought to add the following sentence to the end of the above section, “Eminent domain shall also include inverse condemnation of a possessory holding that may have occurred by any action of the Tribe that restricts, hinders, or otherwise interferes with a possessory holder’s access to or use of a possessory holding.”
Introduced: This ordinance was submitted by Robert Osley Saunooke during the Dinilawigi regular session on Thursday, Feb. 5, 2026.
Recent Action: This ordinance was killed unanimously during the Dinilawigi session on Thursday, March 5, 2026.
Ord. No. 111 (2026) – This ordinance sought to amend Cherokee Code Chapter 1 (Civil Procedure).
The whereas section states, “Tribal Council has the power and authority to amend the laws of the Tribe to provide a means for recovering damages for the negligent actions of the Tribe, its agents and employees; and since the Supreme Court decision in Campos (Cherokee Supreme Court, Campos vs Eastern Band of Cherokee Indians, August 2024), the Tribe has continued to maintain and pay for insurance policies to cover negligent actions of the Tribe, its agents and employees, even though said policies are now invalidated by the Supreme Court decision; and the Tribe has continually maintained and promoted the responsibility for covering damages arising from the negligent and bad actions of the Tribe, its agents and employees, and there is now no mechanism in place that would prevent innocent victims of negligent or bad actions of the Tribe.”
Introduced: This ordinance was submitted by Robert Osley Saunooke during the Dinilawigi regular session on Thursday, Feb. 5, 2026.
Recent Action: This ordinance was withdrawn during the Dinilawigi session on Thursday, March 5, 2026.
