The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

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*Cross references: Eminent domain, ch. 40; zoning, ch. 61; skeletal remains and burial site preservation, ch. 70; mineral rights, ch. 74; burial, ch. 90; roads and highways, ch. 136A; building codes and flood control, ch. 143.
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Sec. 47-1. Control of property.

The Tribal Council shall direct the management and control of all property, either real or personal belonging to the Eastern Band of Cherokee Indians.

(Charter, § 23; Ord. No. 19, 11-7-1991)

Sec. 47-2. Land development project review.

(a) Purpose. The process of project construction review provisions set for in this section are intended to protect the general welfare of the communities, and conserve the environment by assuring that commercial and multifamily construction is designed and developed in a manner which assures that adequate provisions are made for traffic safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion and sedimentation; protection of the groundwater; wildlife habitat, fisheries, and unique natural areas; protection of cultural and archaeological resources; minimizing the adverse impacts on adjacent properties; and fitting the project harmoniously and aesthetically into the fabric of the community.

(b) Jurisdiction. The site development review process shall be required prior to beginning site preparation and/or construction only for those construction projects specified herein which are to be located on lands that fall under the jurisdiction of the Eastern Band of Cherokee Indians.

(c) Administration. The administration of the site development review process shall be the responsibility of the Tribal Business Committee. In addition, in the event that Tribal Funds are to be expended for extension of public utilities, or streets and roads, or similar public improvements, the Tribal Council shall approve the project plans prior to the commencement of construction. The Tribal Planning Office shall serve as the primary staff for the review process, amending the commercial and multifamily guidelines and offering recommendations to assist in the administration of this review process. To assist the Business Committee in the review process.

(d) Construction projects requiring review. Applicants shall present site plans and construction drawings to the Tribe at times and places stated herein for the following:

(1) Commercial/ institutional. Any commercial, industrial, office or institutional development project to be located upon Tribal lands of the Eastern Band of Cherokee Indians which involve new construction or any substantial structural alterations or reconstruction of a building or structure privately owned, tribally owned, or owned by any public or semipublic corporation or body.

(2) Certain residential. Any subdivision, multifamily structure or parcel of land containing three (3) or more of the following units on the premises: manufactured housing, cabin rentals, camper trailers and/or recreational vehicles (RVs).

(e) Exemptions. Any non-commercial building, structure, or manufactured home used for single family occupancy is exempt. However, each dwelling unit shall meet the provisions set forth in Resolution No. 228, adopted by Tribal Council March 7, 2002 as well as the Cherokee Code.

(f) Review Procedures. To assist the Business Committee in the review process those individuals seeking approval of site development plans shall follow these steps.

(1) Preapplication conference. A preapplication conference with the Tribal Planning Office is required prior to submitting a formal application. The purpose of the preapplication conference is to:

a. Allow the Tribal Planning Office to understand the nature of the proposed use and the issues involved in the proposal; and

b. Allow the applicant to understand the development review process and required submissions.

The preapplication conference shall be informal and informational in nature. There shall be no fee for a preapplication review, and such review shall not cause the plan to be a pending application or proceeding. The Tribal Planning Office will provide an application packet to the applicant.

(2) Preliminary site plan and construction drawings review. Subsequent to completion of the preapplication conference, the Tribal Planning Office will schedule a meeting with the Tribal Planning Board. The applicant must prepare and submit a site development application, including the site plans, construction drawings and supporting documentation to the Tribal Planning Board for evaluation.

The applicant should be prepared to discuss the following with the Tribal Planning Board:

a. The proposed site, including its location, size, and general characteristics;

b. The nature of the proposed use and potential development; and

c. Any issues or questions about existing municipal regulations and their applicability to the project.

(3) Site development application. After consultation with the Tribal Planning Board, the applicant must submit a total of 12 copies of the site plan and supporting documentation and three full sets of construction documents including three copies of elevation drawings to the Tribal Planning Office. The Tribal Planning Office will route site plan and construction drawings will be routed to those programs listed on the Site Development Review Checklist for review. The initial review process for other Tribal programs will take ten days from the Monday after the plans have been submitted. During the ten day period a program may seek an extension for providing comment. Extensions are to be in writing to the Planning Office and must be sought prior to the expiration of the existing period. Summary comments will be available in the Planning Office on the Thursday that occurs three weeks after initial submission.

Following review by the Planning Office and other applicable departments the Planning Office will generate a report based on all findings and will present its recommendations at subsequent Planning Board the next regularly scheduled Planning Board session at which time any final recommendations and issues will be addressed.

After recommendations have been received and the communities have been notified and have been given an opportunity to provide input, the developer's application will be forwarded to the Business Committee for further review.

Upon approval by the Business Committee, the applicant may apply for any Tribal licensing/permit requirements not able to be obtained until the proposal was passed. If an application is denied, an appeal may be filed with the Tribal Council within 30 days after the Committee's decision. All appeals shall be submitted to the Tribal Council in writing. The Tribal Council shall have the option of hearing the appeal at a regularly scheduled meeting or let the decision of the Business Committee stand.

(4) Fees. Each department shall make its fee requirements available to developers and the Planning Office continuously during business hours. Applicants shall provide a copy of receipts from permit fees, and other departmental fees shall be provided to the Tribal Planning Office to ensure the applicant's compliance with Tribal policies.

(g) Submission requirements. Applicants must submit site development applications on forms provided by the Tribal Planning Office, along with evidence of payment of the required fees, and the required plans and related information, to the Tribal Planning Office. The submission must address information requested in the "Guidelines on Site Planning & Development" document (which is not set out herein) unless specifically waived in writing. The Planning Office may waive any of the submission requirements upon a written request of the applicant. Such request must be made at the time of the preapplication conference or at the initial review of the application by the Planning Board. A waiver of any submission requirement may be granted only if the Planning Office's written finding that the information is not required to determine compliance with the standards. In the event that discrepancies noted between the submission requirements and other sections of the Tribal Code arise, whichever regulation is more stringent will be the one to comply with.

All applications must comply with the Tribe's "Guidelines on Site Planning & Development" document.

(h) (1) Project determination. The Planning Office will not reserve a space on a future Business Committee agenda until plans and drawings have been submitted and determined acceptable for Committee review. At the final review of the site plan by the Business Committee one of the following actions may be taken:

a. Approval of the site development application;

b. The Committee may request additional information prior to taking final action;

c. The Committee may request that the applicant redesign all or part of the project prior to taking final action; or

d. Deny approval of the site development application.

Upon approval by the Business Committee, the applicant must apply for all required and applicable licenses and permits. If a project application is denied, an appeal may be filed with the Tribal Council within 30 days after the Committee's decision. All appeals shall be submitted to the Tribal Council in writing. The Tribal Council shall have the option of hearing the appeal at a regularly scheduled meeting, a special called meeting or let the decision of the Business Committee stand. Tribal Council's decision is appealable within thirty (30) days to the Cherokee Tribal Court whose review shall be limited to whether the Council's decision was an abused discretion, arbitrary or capricious.

Any new construction or improvements approved pursuant to ordinance must be commenced within six months of approval. If construction has not been substantially commenced and substantially completed within the specified period presented in the application to the Tribal Planning Office, the approval shall be null and void. The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing to the Business Committee. At its discretion, the Business Committee may grant up to two six-month extensions if the approved project conforms with all laws in effect at the time the extension is granted, and if all tribal, federal and state approvals and permits are current and in force.

(2) Recording of the approved plan. One copy of the approved site plan and construction drawings must be recorded in the Realty Office within 30 days of approval and the lease number provided to the Tribal Planning Office. Failure to record the plan within 30 days shall void the approval. An extension will be at the discretion of the Business Committee.

(3) Minor changes to approved plans. Minor changes in approved site development plans necessary to address field conditions may be approved by the Code Enforcement Officer or designee of Business Committee provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change must be endorsed in writing on the approved plan by the Code Enforcement Officer, or designee of Business Committee.

(4) Amendments to approved plans. Approvals of site development plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any minor variation from the plans, proposals, and supporting documents, except those as described in subsection 47-2(h)(3) herein, is subject to review and approval by Tribal Council.

(j) Severability. The invalidity or unenforceability of any section or provision of this section shall not be held to invalidate or void any other section or provision of this section.

(Ord. No. 222, 11-7-1996; Ord. No. 710, 4-14-2003)

Sec. 47-3. Rights reserved to Tribe when possessory holding issued.

The following rights shall be reserved by the Tribe when possessory holdings are issued to individual Tribal members:

(a) Legal title to land shall remain vested in the United States of America in Trust for the Eastern Band of Cherokee Indians.

(b) The power and responsibility to control the leasing of, the transfer of, and the manner and method of inheritance and devise of the possessory holding.

(c) All minerals are reserved to the Tribe together with the right to issue mineral leases and permits and to draw the income therefrom or allocate the income therefrom between the Tribe and the possessory holder.

(d) The power and responsibility to control the cutting of timber on the possessory holding.

(e) To grant or create easements and rights-of-way for roads, streets, alleys, water lines, sewer lines, electric and telephone lines, or any other public utility over the possessory holding.

(f) The right to zone, from time to time, the land area within which the possessory holding may be situated and to control type and nature of the use thereof.

(Res. No. 373, 10-14-1960)

Sec. 47-4. Rights granted to member when possessory holding issued.

The following rights shall be granted by the Tribe to a Tribal member when a possessory holding is issued:

(a) Recognition by the Tribal Council that the possessory holding has been assigned to the holder, assuming the holder has complied with the terms and conditions under which the assignment was made.

(b) The possessory holder may construct a building or other improvements on this possessory holding for residential, business, industrial, or other purposes subject to the approval of the Business Committee.

(c) The possessory holder may collect for damages or destruction of any improvement as the result of the issuance of an easement or right-of-way over this holding for any purpose by the Tribe.

(d) The possessory holder may collect for the disturbance of the surface of this holding or the interference of the use thereof as a result of the Tribe's issuance of a mineral lease or permit.

(e) The possessory holder may transfer all or any part of this holding to another recognized member of the Band under such conditions as may be prescribed by the Tribal Council.

(f) The possessory holder may grant leases or permits on this possessory holding to a member, or nonmember of the Band for a definite period of time and for a prescribed consideration in accordance with the then applicable rules and regulations of the Bureau of Indian Affairs, and the Tribe and subject to the approval of the Business Committee and the Secretary of the Interior or his authorized representative. Such consideration shall be divided between the possessory holder and the Tribe in percentages established by the Tribal Council.

(g) Any improvements placed on the land are considered the personal property of the possessory holder in which the Tribe has no interest. They may be bequeathed by will, or absent a will, shall be distributed to the next of kin in the manner provided by the laws of the State of North Carolina.

(1) If the holder of the possessory right shall die and leave surviving a wife or a husband who is also a member of the Band, the survivor shall have a life interest in the possessory holding.

(2) If the holder of the possessory right shall die and leave surviving a wife who is not a member of the Tribe, the surviving widow shall, at the option of the Tribal Council, be permitted to use and occupy the holding during her lifetime if she does not remarry, but will not be recognized to have any possessory rights in the holding.

(3) If the holder of the possessory right shall die and leave a surviving husband or wife who is a nonmember, together with surviving minors who are Tribal members, the surviving spouse may use the possessory holding and improvements for the benefit of such minors during the period of their minority; then the possessory holding shall, with the approval of the Tribal Council, be partitioned by agreement to the heirs. A surviving nonmember wife shall, with the approval of the Tribal Council, be permitted to use a portion equal to a child's share under conditions set forth in section 47-4(g)(2). A surviving nonmember husband shall, with the approval of the Tribal Council, be permitted to use a portion equal to a child's share under conditions set forth in section 47-4(g)(4).

(4) If the holder of the possessory right shall die and leave a surviving husband or children or heirs other than a nonmember wife who are nonmembers of the Tribe, but who under state law would be entitled to inherit personal property from the holder of the possessory right, the Tribal Council, at their option, shall (A) purchase the improvements recognized to be the personal property of the holder of the possessory rights at their fair appraised value, or (B) give Tribal approval for a permit or lease to the surviving husband or other nonmember for use of the improvements and premises on which they are located for such period of time as will enable the nonmember husband or other nonmember heirs to amortize the value of such improvements under leasing and permitting regulations.

(5) In any event as described in section 47-4(g)(1)--(4), this certificate must be surrendered to the officers of the Tribe who shall issue new certificates to the new possessory holder or rightful users thereof in such manner as to show their interest therein.

(6) The above rights of the holder or user of possessory rights are subject to any Tribal laws of general application which may be enacted by the Tribal Council and which by reference are made a part hereof.

(Res. No. 373, 10-14-1960)

Sec. 47-5. Reserved.

Editor's note: Ord. No. 225, adopted May 16, 2000 completely repealed the provisions of § 47-5 which pertained to possessory assignments from Tribal lands and derived from the Res. of Oct. 18, 1932.

Sec. 47-6. Abandonment.

Any Tribal member who abandons such assigned lands and fails to utilize it during a period of five years shall forfeit all right, title and interest to said lands which shall revert to the Tribe.

Sec. 47-7. Transfer of lease.

These conditions shall not restrict the Tribal member from leasing the possessory holding or selling the possessory right to another Tribal member according to custom and subject to approval of the Business Committee.

(Res. Of 10-18-1932)

Sec. 47-8. Reserved.

Editor's note: Ord. No. 225, adopted May 16, 2000 completely repealed the provisions of § 47-8 which pertained to possessory holdings of aged and helpless Tribal members and derived from Res. Res. No. 314, adopted Feb. 1, 1960.

Sec. 47-9. Transfer of possessory holdings.

No transfer of a possessory holding shall be valid unless the transfer is consented to and approved by both a husband and wife. However, the consent and approval of nonmember spouse shall not be required inasmuch as such spouse has no right of ownership to Tribal lands.

(Res. No. 74, 10-16-1956)

Sec. 47-10. Posting of land transfers between members.

(a) Any Tribal member desiring to transfer a possessory holding shall have a notice posted at the Indian Agency Office and at the Cherokee Post Office for ten days in advance of the regular monthly meeting of the Business Committee. The notice shall set out a full description of the land intended to be transferred.

(b) The Business Committee shall not approve any land transfer that has not met the above notice posting requirement.

(Res. No. 33, 10-14-1946)

Sec. 47-11. Assignment of home sites.

Upon resolution, the Tribal council may assign Tribal land to Tribal members on the condition that the Tribal member constructs a permanent dwelling on the land within three years after the assignment is made. If a permanent dwelling is not constructed within this time period, the land shall automatically revert back to the Tribe and any money paid to the Tribe by the member for this land shall be refunded. The Tribe shall apply the following standards when assigning Tribal land to Tribal members:

(1) Lots may only be assigned to Tribal members who do not own a possessory holding suitable for a home site, who are head of a household, and who have never received such an assignment from the Tribe.

(2) The transfer of possessory holding shall not be effective until the Tribal member has made full payment for the land. The Tribal member shall be given 90 days from the date the Principal Chief ratifies the above resolution to fulfill this obligation of payment.

(3) Three years after the date of transfer, an inspection will be made by the Tribe to ensure that a dwelling has been constructed on the assigned land. If this requirement is not met, the assigned land will automatically revert back to the Tribe, the assignee will be notified, and upon request, the assignee will be reimbursed for the purchase price of the land.

(4) Once the transfer has been made to the member purchasing the property, that member may not transfer or sell the property to any member of the Tribe. They have to come back before the Lands Committee, which will come back before Tribal council, within a three-year time frame.

(Res. No. 168, 5-11-1976; Ord. No. 225, 5-16-2000)

Sec. 47-12. Assignments as security for home loans.

(a) Tribal members with possessory holdings shall have the right to assign or pledge a leasehold interest in such holding as security for a loan which is used to purchase, construct, refinance or improve a home for the member.

(b) Leasehold mortgages shall be assignable by the mortgagor only in the event of default; provided, this does not limit the authority of the lender, maker, insurer or guarantor of the mortgage loan, including successors and assigns, from assigning, transferring or otherwise conveying a leasehold mortgage to a mortgage servicer, subservicer or agent, or from selling leasehold mortgages.

(c) Leasehold mortgages for homes shall only include that portion of the possessory holding which is surveyed for and upon which the house or improvement is located, together with road rights-of-way.

(d) Leasehold mortgages may include limitations and prohibitions of the mortgagor's authority to use, grant leases or permits, assign or otherwise transfer the leasehold interest, provided the limitations and prohibitions are relevant to the protection of the secured party's or guarantor's interest in the leasehold.

(e) A Tribal member who abandons assigned lands is not thereby relieved of his obligation to repay a loan secured by a leasehold mortgage.

(f) If a Tribal member defaults on a loan to purchase, refinance, construct or improve a home secured by a leasehold interest, and does not cure the default, thereby causing the Tribe to exercise its option to purchase, pay on a loan guarantee, or causing the secured party to foreclose on the interest (and if granted a foreclosure by the Cherokee Court), the member shall have no more right to the possessory interest and the interest assigned to the Tribe to obtain the leasehold interest shall revert to the Tribe.

(g) Nothing in this chapter shall be construed to prohibit the Tribe or a lender, maker, insurer or guarantor of a mortgage loan, including successors and assigns, from exercising rights associated with a secured interest in improvements on Tribal lands if the improvements are pledged as security for a loan to purchase, refinance, construct or improve a home.

(Res. No. 426, 8-31-1961; Ord. No. 529, 12-5-2002)

Sec. 47-13. Assignment as security for loans other than homes.

Tribal members with possessory holdings shall have the right to assign a leasehold interest through a leasehold mortgage as security for small business loans, building repair loans, building expansion loans, operating loans, or other business related loans.

(Res. No. 484, 2-9-1962)

Sec. 47-14. Allowable fees.

The fees, including trustee fees, charged in connection with any loan secured by a mortgage or deed of trust on a leasehold interest on the Cherokee Indian Reservation for any collection, foreclosure or attorney's fees; shall not exceed those allowed under North Carolina state law, and shall not exceed those charged in the area surrounding the reservation.

(Ord. No. 29, 10-27-1981; Ord. No. 529, 12-5-2002)

Sec. 47-15. Reserved.

Editor's Note: Ord. No. 529, ratified December 5, 2002, amended the Code by repealing former § 47-15. Former § 47-15 pertained to assignment of Cherokee County lands, and derived from Res. No. 146, adopted June 17, 1980; and Res. No. 236, adopted October 15, 1980.

Sec. 47-16. Boundaries of Tribal Reserve.

The boundaries of the Tribal Reserve are as follows:

Beginning at a point 1.4 miles from the Soco Gap, at the boundary line of the Reservation on Cranberry Branch, from this point proceed to the State Highway across Soco Creek. From the State Highway to Jumper Gap, from Jumper Gap to the point indicated on the map as one mile above Charlie Sampson's house on Jenkins Creek. From this point on Jenkins Creek through the Littlejohn Gap and across Bigwitch to the Wrights Creek Gap, from the Wrights Creek Gap straight across to the mouth of the Heintooga Creek, from the mouth of Heintooga Creek straight up the Reservation line by the Soco Gap back to the starting point on Cranberry Branch.

(Res. No. 39, 10-22-1941; Res. No. 433, 6-20-1977)

Sec. 47-17. Lands reserved for Tribal use.

(a) Lots 76, 77, 78, and 79 of the Qualla Boundary as surveyed and subdivided by M.S. Temple, being four lots in Soco Gap, have commercial value and shall be reserved for Tribal use or for commercial lease by the Tribe.

(b) Such portion of the land around Soco Falls and within a radius of half a mile from the falls shall be reserved for the benefit of and use of the Tribe.

(c) Other tracts of land that in the opinion of the Business Committee are of commercial value to the Tribe may be withheld by the Business Committee for the sole use and benefit of the Tribe.

(d) Consideration of any commercial lease on unassigned Tribal lands shall be restricted to a maximum use of ten acres to protect the Tribal Reserve land base for the benefit of an use of the Tribe.

(Res. of 10-18-1932; Ord. No. 399, 11-21-1996)

Sec. 47-18. Road rights-of-way.

In order to prevent encroachments and ensure proper maintenance to BIA roads within the Cherokee Indian Reservation, there is hereby reserved a right-of-way to the Tribe for 30 feet from the centerline of each BIA road and control of the 60-foot road right-of-way is granted to the Roads Department of the Cherokee Indian Agency.

(Res. No. 46, 10-21-1946)

Sec. 47-19. Easements and holdings bordering roadways.

(a) The boundary line of all possessory holdings that border upon any road or highway shall run with the right-of-way or easement line of such road or highway.

(b) So long as any such road or highway is maintained and used, the property within the right-of-way or boundary lines of such road or highway shall be and remain the property of the Tribe, and may be used for any lawful purpose as authorized by the Tribal Council, subject to the road or highway use right.

(c) In the event any road or highway shall be permanently closed or abandoned as a road or highway, at that time the boundary lines of the possessory holdings on either side of such road or highway shall be extended to the centerline of the abandoned road or highway, subject to any then existing public rights or uses in the lands within the abandoned area.

(Res. No. 684, 12-16-1963)

Sec. 47-20. Encroachment of road permit.

(a) Before any construction shall be started within 30 feet of the centerline of any road on the Cherokee Reservation, a written request for an Encroachment Permit shall be submitted to the Roads Division of the Cherokee Indian Agency. Such permit shall require approval of the Tribal Roads Committee.

(b) For purposes of this section, construction shall include, but not be limited to, fence building, home construction, trenching, laying electric power lines, water lines, telephone cable, septic tank, drain fields, signs, access road and driveway intersections.

(Res. No. 33, 12-4-1973)

Sec. 47-21. Reversionary rights; - housing authority.

(a) Upon payment in full of loans made to the Qualla Housing Authority by H.U.D. under the Mutual Help Housing Program, the Tribal Council shall assign possessory holdings to the tribal member or members who have signed and are listed as "homebuyer" and, if any, "homebuyer's spouse" on the Mutual Help and Occupancy Agreement, as amended at the time of the loan pay-off, and any reversionary interests of prior occupants of such home, including the original contributor of the home site, shall be null and void.

(b) The Qualla Housing Authority shall have policies and procedures for adding, changing, or removing homebuyers or homebuyers' spouses from the Mutual Help and Occupancy Agreement in the event of marriage, divorce, death, or other change of family status.

(Res. No. 329, 1-9-1981; Res. No. 79, 1-10-1992; Ord. No. 505, 4-8-1999)

Sec. 47-22. Eviction.

(a) The Cherokee Court shall have authority to evict persons living in houses built by the Qualla Housing Authority or in other rental housing, when such persons are in arrears on their rental payments.

(b) The Cherokee Court shall have authority to evict persons occupying residences or buildings used for commercial or industrial purposes where such premises are occupied under lease and the occupant, tenant or lessee:

(1) Is in default or arrears on their lease or rent payments; or

(2) Is continuing to occupy the leased premises after the term of the lease has expired; or

(3) Has done or committed any act by which, according to the condition of the lease, their leasehold or rental estate has ceased; or

(4) Does not have a valid lease approved by the Tribe and Bureau of Indian Affairs in effect; or

(5) Has vacated or abandoned the property for a period of 30 days.

(c) The Cherokee Court shall have authority to evict persons occupying residences or buildings used for commercial or industrial purposes when such premises are subject to a leasehold deed of trust or mortgage and the Cherokee Court has entered an Order of Foreclosure in favor of a leasehold mortgage holder.

(d) Pleadings, notice and service of process requirements for eviction proceedings shall comply with the Rules of Civil Procedure adopted and applicable to the Cherokee Court.

(e) At the termination of the lease term to Qualla Housing Authority for mutual help housing program units, only the Tribal Council shall have authority to reassign the possessory interest in the land.

(Ord. No. 337, 1-22-1990)

Sec. 47-23. Camping and picnicking.

(a) Camping and picnicking shall be restricted to designated areas on the Cherokee Indian Reservation. Camping and picnicking shall be limited to those areas specifically provided by the Tribe for such purposes or to such campground and picnic areas operated as commercial businesses by Tribal members or leasehold tenants.

(b) The Cherokee Police Department shall advise all persons camping or picnicking in an unauthorized area that they are violating a Tribal ordinance and direct them to an authorized area for such activities.

(Res. No. 43-S, 7-31-1968)

Sec. 47-24. Home Improvement Program.

(a) Tribal members selected to participate in the Program shall assign a house site of approximately one-half acre to the Tribe. Participants shall thereafter be tenants of the Tribe.

(b) All participants in the Home Improvement Program must sign an agreement setting forth the consideration received by them in exchange for their assigning their possessory rights to said house site together with any rights to transfer or convey the house site except with the approval of the Tribe.

(c) Participants must continuously occupy and live in the improved house. Participants may not sell, rent, lease, transfer or convey the house or any part thereof. If participants vacate the improved house, or purport to sell, rent, lease, transfer or convey the property, the Tribe shall have the right to reassign the home and house site.

(d) If a participant is residing in the improved house at the time of his death, the improvements shall revert to the participant's enrolled heirs in accordance with his will, or in the absence of a will, to those enrolled heirs recognized by the Tribe as being entitled thereto. If the participant has no direct heirs, the house site and all improvements thereon shall remain the property of the Tribe.

(e) The above restrictions shall be binding upon the participants for 15 years following execution of their agreement with the Tribe. If the participants continue to occupy the home at the end of the 15-year period, such participants may then transfer or convey the house site and improvements to another Tribal member.

(f) The participant shall convey a right-of-way to the house site to the Tribe which shall be valid for the duration of the restriction period.

(g) All restrictions shall be binding on only the original participant.

(Res. No. 112, 1-22-1982)

Sec. 47-25. Leases.

The Business Committee shall negotiate, approve and execute in 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 on the merits of each application.

(Res. Of 10-11-1912; Res. Of 10-17-1932; Res. Of 11-8-1933; Res. Of 2-5-1941; Res. No. 84, 10-18-1956; Res. No. 102, 12-18-1956; Res. No. 640, 10-10-1963; Res. No. 44, 4-28-1967; Res. No. 63, 12-12-1967; Res. No. 8-S, 1-12-1968; Res. No. 49-S, 7-31-1968)


Sec. 47-26. Lease rental bonds.

Where security in the form of a rental bond on properties leased by the Tribe is required by federal regulations, neither the Tribal Council nor any Council committee shall have authority to postpone, suspend or waive a rental bond.

(Res. No. 458, 1-9-1987)

Sec. 47-27. Reserved.

(Res. Of 2-11-1931; Res. No. 55, 10-24-1949; Res. No. 715, 3-2-1964; Res. No. 350, 5-3-1979; Res. No. 261, 11-7-1980; Res. No. 343, 4-2-1981; Ord. No. 668, 9-7-1999)

Sec. 47-28. Churches.

Those churches on Reservation lands which presently hold under lease shall be assigned those parcels of land on which a church is located, with such assignments recorded in the Cherokee Agency Realty Office. When such lands cease to be used for church purposes the land and improvements shall revert to Tribal status.

(Res. No. 588, 4-6-1987)

Sec. 47-29. Reserved.

Editor's Note: Ord. No. 529, December 5, 2002, amended the Code by repealing former § 47-29. Former § 47-29 pertained to the Cherokee foreclosure ordinance; and derived from Ord. No. 338, adopted January 22, 1980. Similar provisions may now be found in ch. 45.

Sec. 47-30. Deed of trust lien.

(a) The filing and recording of a leasehold deed of trust or mortgage on parcels of Cherokee Indian trust land within the State of North Carolina shall constitute a valid and enforceable first lien on such leasehold.

(b) Perfection of leasehold deed of trust lien shall be accomplished by recording both a lease and deed of trust or mortgage in the Books of Miscellaneous Records in the Realty Office of the Cherokee Bureau of Indian Affairs.

(Ord. No. 339, 1-22-1990)

Sec. 47-31. Registration for residential nonmember lessees.

(a) When residential lodging or lodging space rental agreements are made with persons who are not members of the Eastern Band of Cherokee Indians for any period greater than 90 days in any one year; regardless of whether the agreement is oral or written, each property owner or operator shall each month register his or her name and the name of the lessee and all live-in guests on a monthly tribal levy form with the Budget and Finance Office.

(b) This section does not apply to persons or entities who are entering an agreement with the Tribal government or one of its entities for residential housing in an official housing program of the Tribe or a Tribal entity.

(Res. No. 329, 9-16-1996; Ord. No. 567, 1-12-2001; Ord. No. 622, 3-30-2005)

Sec. 47-32. Public access to bridges.

Any bridge built for a private citizen by the Cherokee Roads Commission requires said private citizen to grant public access to said bridge and grant right-of-way to public use. As such, the easement shall be by the least intrusive method upon the private citizen and the least expensive.

(Ord. No. 526, 3-3-1997)

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