The tribe created a constitution conforming to the model of elected government as proposed under the Indian Reorganization Act. Under its constitution, tribal citizens elect representatives to an 8-person council. Half the positions are elected in alternating years. The tribal chairman is elected as one of the eight, as are the vice-chairman, treasurer, and secretary. All terms are for two years. The tribal council approves policy and passes laws affecting members. The tribe also has a judicial branch with a tribal court.
Citizenship The tribe set its rules for citizenship as: "recipients of early land allotments, recipients of a 1965 government settlement, or people who appeared on a 1942 tribal census", and their direct descendants. Section H of the Nooksack constitution also allowed the enrollment of “persons who possess at least ¼ Indian blood and who can prove Nooksack ancestry to any degree.” According to Kelly (and current chair Ross Cline Sr.), Annie George's descendants had been mistakenly enrolled in the 1980s under Section H of the constitution. Kelly believed he had to correct the situation. This would result in their losing status as citizens, losing their community and formal identity as Nooksack, and affecting access to federal education and health benefits. Opponents protested the disenrollment, saying that it was an effort by Kelly to gain more power before a competitive tribal election. People opposed to the disenrollment marched in protest in March 2013 in
Seattle, the largest city in the state. The families hired Gabriel S. Galanda (
Round Valley Indian Tribes) to represent them. Born and raised in
Port Angeles, Washington, he became an attorney and set up his own practice in Seattle, specializing in Native American issues. He consulted with the
Bureau of Indian Affairs (BIA) on behalf of The 306. Opponents of Kelly's position have said the disenrollment decision was political, and that Kelly was trying to get rid of critics before the next council election. Votes were very close among candidates in the primary election in the spring of 2014. Elected as vice chairman was Bob Doucette, who had served on the council in the 1970s; Bernadine Roberts, also a former council member, was elected treasurer. A majority of the council now opposed disenrollment of the 306. These were interim positions, and the tribal council said they wanted the federal government to supervise an election for the four open positions. Chairman Bob Kelly said he would not recognize this General Council election as valid. The tribe lost federal funding in 2017 because the Bureau of Indian Affairs said it had acted improperly by trying to disenroll the 306 and postponing an important election related to this controversy. After a supervised general election was held in December 2017, the federal government reinstated tribal funding in March 2018. In 2018 the newly elected tribal council, with a majority of Kelly supporters, voted to proceed with disenrolling the George descendants. Several families continued to live on tribal land in tribal housing. In 2019 the council passed a new rule requiring a ground sublease with the tribe for underlying Tribal Trust Land. Eligibility for such subleases were limited to enrolled tribal members. The council said that growth in the tribe meant these houses were needed for Nooksack citizens. They notified 61 former citizens (of the 306 disenrolled) that they would have to leave this housing. Twenty-one homes had been federally funded under a program with the
Department of Housing and Urban Development. Many George descendants had occupied such housing for more than a decade, and some had nearly completed a lease-to-own program, making payments to the tribe. In December 2021, the Nooksack 306 through Galanda appealed to the
United Nations High Commissioner for Human Rights, "seeking to have that organization intervene, review the situation and ask the Biden administration to immediately take steps to halt the evictions." Galanda said this was the first case he knew of in which UN monitors reviewed a dispute within an indigenous tribe. ==Demographics==