Article II – Territory and Jurisdiction

Section 1. Territory.  The Territory of the Eastern Band of Cherokee Indians shall be comprised of all Tribal lands within the Qualla Boundary, and all lands held by the United States for the benefit of the Eastern Band of Cherokee Indians or its citizens, and any additional lands acquired by the Eastern Band of Cherokee Indians in fee. The Territory shall include all surface and subsurface lands and waters, submerged lands under navigable or non-navigable water, all air, water, minerals, timber, and any other natural resources.

Section 2. Jurisdiction. The Jurisdiction of the Eastern Band of Cherokee Indians shall extend to all persons, activities, and property within the Territory based upon inherent sovereignty of the Cherokee tribe. Every public highway or any other ingress into the Territory shall be accompanied by a public notice that entry is conditioned upon the acceptance of the Jurisdiction of the Eastern Band of Cherokee Indians. Any person who enters the Territory shall, by entering, be deemed to have consented to the Jurisdiction of the Eastern Band of Cherokee Indians. Every license or permit issued under the authority of the Eastern Band of Cherokee Indians or within the Territory shall include a provision submitting all parties and their assigns to the Jurisdiction of the Eastern Band of Cherokee Indians.

(January 2022 draft + commentary to view the corresponding explanation.)

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