§ 404. Substantive Provisions

Cite as: 7 CNCA § 404

A. Definitions.

1. "Cherokee Nation Capitol Complex District" or "District" shall mean a geographic region consisting of all property owned by the Cherokee Nation in Tahlequah within the exterior boundaries defined approximately by: the intersection of South Muskogee Avenue and South 511 Road; south to the intersection of South Bald Hill Road and West 810 Road: west to the intersection of West 890 Road and South 490 Road: north to the intersection of South 490 Road and West Clyde Maher Road; and east to the intersection of Murrel Road and South Muskogee Avenue. The District includes the entirety of the Chief Wilma P. Mankiller Cherokee Nation Capitol Park and all other Cherokee Nation-owned property adjacent to the exterior boundaries described above, consisting of more or less 849 acres as depicted in Exhibit A to this Act.

2. "Council House" shall mean the primary site of operations of the Council of the Cherokee Nation within the meaning of Article VI of the Constitution of the Cherokee Nation, without limitation of the Council's authority to determine the time, place, and manner of its operations as it deems warranted.

B. Establishment of the District.

The Cherokee Nation Capitol Complex District is hereby established as a specialized land use and development district of the Cherokee Nation. The geographic boundaries of the District shall correspond approximately to the area depicted in Exhibit A, which is hereby incorporated by reference. Development within the District shall be guided by principles of coordinated planning, sustainability, and optimization of tribal property for its highest and best use.

C. Projects and Amount Authorized; Design.

1. Projects and Amount Authorized. Beginning in Fiscal Year 2026, the Council authorizes the sum of Twenty-One Million Dollars ($21,000,000) for the projects described in this subsection, all of which shall be located within the District and are approximately depicted in Exhibit A. The precise allocation of authorized funds among the designated projects shall be determined by the Principal Chief, provided that written notice of such allocations is submitted to the Council.

2. Authorized Projects. The authorized projects names reflected in this subsection are so designated within the meaning of the Building and Facility Naming Act, as amended.

The authorized projects include:

a. Council House. Construction of a Council House sufficient to accommodate the ordinary operations of the Council, including but not limited to public access, office space, conference space, common areas, parking, a Council chamber, and architectural and landscape elements reflective of Cherokee culture, to be located in or about 17675 S. Muskogee Avenue in Tahlequah. The design of the Council House shall be finalized through a collaborative process of input and consultation with the Principal Chief, with final design approval residing with the Council and communicated by the Speaker to the Principal Chief.

b. ᎤᎾᏓᏟᏐᏗ (Unadatlisodi / Gathering Place). Reservation of a future public recreation area resulting from demolition of surplus early childhood education-related structures known as "Children's Village," located on West Cherokee Street east of Betty Sharp Smith Street, including restoration of natural features. The area shall be reserved for future public gatherings and wellness activities, with future construction as additionally authorized under Cherokee Nation law or by amendment of this Act.

c. Sequoyah Sports Complex. Upgrades to the ballfields located at South Muskogee Avenue and Betty Sharp Smith Street to improve utility, safety, and enjoyment in support of Sequoyah Schools and controlled general public usage.

d. ᎤᎾᏣᏪᏐᎸᏍᏙᏗ (Unatsawesolvsdodi / Resting Place). Reservation of a public and employee gathering space resulting from removal of modular structures and restoration of natural features, reserved for future construction of outdoor respite and dining areas as additionally authorized under Cherokee Nation law or amendment of this Act.

e. Chief John Ross Ellipse and Memorial Site. Reservation of a public recreation and historical memorial space resulting from demolition and removal of modular structures located at approximately 17728 S. Muskogee Avenue, including restoration of natural areas and future installation of a pedestrian ellipse trail and public art memorializing Principal Chief John Ross, with pedestrian connectivity forming the Ross/Mankiller Trail within the meaning of the Cherokee Nation Trails Act.

3. Design of Other Projects. The Principal Chief shall advise the Council of the design of authorized projects described in this subsection, other than the Council House, for a period of notice and comment no less than thirty (30) days prior to the commencement of construction.

D. Master Plan for Capitol Complex District.

No later than December 31, 2026, the Principal Chief shall develop and maintain a non-binding "Cherokee Nation Capitol Complex District Master Plan." The Master Plan shall:

a. Identify existing infrastructure and the proposed highest and best use of properties within the District over a ten (10) year period;

b. Include the general location and description of capital projects authorized under this Act;

c. Be reviewed annually, with written reporting to the Council regarding implementation progress and projected fiscal impacts;

d. Be reviewed and reissued beginning in Fiscal Year 2037 and each tenth fiscal year thereafter;

e. Be updated to reflect substantial infrastructure changes; and

f. Be made publicly available on the Cherokee.org website following a forty-five (45) day Council review and comment period.

E. Funding Sources.

Funding for the projects authorized herein may include dividends received from tribally owned corporations, grants, donations, enterprise revenues, taxes, special or general fund sources, and funds available pursuant to:

a. The Housing, Jobs and Sustainable Communities Act (LA 04-25);

b. The Public Health and Wellness Act (LA 27-25);

c. The Artist Recovery Act Reauthorization (LA 05-25);

d. The Cherokee Nation Justice Center Act of 2025 (LA 07-25), as amended herein.

F. Amendment to the Cherokee Nation Justice Center Act of 2025.

The Cherokee Nation Justice Center Act of 2025 (LA 07-25) is hereby amended by adding a new paragraph to Section 6(A) to read as follows:

Section 6(A)(4). Funds authorized by this section of the Act and determined by the Principal Chief on or after March 30, 2026, not necessary to construct the Cherokee Nation Justice Center or the District Courthouse described therein, are authorized for reallocation to construct the Council House described in the Cherokee Nation Council House and Capitol Complex District Public Wellness and Beautification Act of 2026, with written notice to the Council of such reallocation.

G. Appropriation and Fiscal Oversight.

Nothing in this Act shall be construed to limit or waive the authority of the Council of the Cherokee Nation under Article X, Section 2 of the 1999 Constitution of the Cherokee Nation, which mandates that the Council shall provide by law for the annual expenditure of funds and the source from which funds are to be derived to defray the estimated expenses of the government. All expenditures contemplated by this Act remain subject to appropriation by law.

H. Attribution to the Act.

Any program, activity, or publication relating to the purposes and policies of this Act shall be attributed to the "Cherokee Nation Capitol Complex District Act of 2026," or comparable attribution as determined by the Principal Chief, and shall include appropriate signage.

Historical Data

LA 14–26, eff. April 13, 2026.