Hostname: page-component-848d4c4894-ndmmz Total loading time: 0 Render date: 2024-05-17T12:03:29.563Z Has data issue: false hasContentIssue false
  • English
  • Français

Collaborating with Sovereign Tribal Nations to Legally Prepare for Public Health Emergencies

Published online by Cambridge University Press:  01 January 2021

Tina Batra Hershey
Get access Rights & Permissions [Opens in a new window]

Abstract

Public health emergencies, including infectious disease outbreaks and natural disasters, are issues faced by every community. To address these threats, it is critical for all jurisdictions to understand how law can be used to enhance public health preparedness, as well as improve coordination and collaboration across jurisdictions. As sovereign entities, Tribal governments have the authority to create their own laws and take the necessary steps to prepare for, respond to, and recover from disasters and emergencies. Legal preparedness is a key component of public health preparedness. This article first explains legal preparedness and Tribal sovereignty and then describes the relationship between Tribal Nations, the US government, and states. Specific Tribal concerns with respect to emergency preparedness and the importance of coordination and collaboration across jurisdictions for emergency preparedness are discussed. Examples of collaborative efforts between Tribal and other governments to enhance legal preparedness are described.

Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 47 , Issue S2: 2018 Public Health Law Conference: Health Justice: Empowering Public Health and Advancing Health Equity , Summer 2019 , pp. 55 - 58
Copyright
Copyright © American Society of Law, Medicine and Ethics 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Moulton, A. D. et el., “What Is Public Health Legal Preparedness?” Journal of Law, Medicine & Ethics 31, no. 4 (2003) 672-683; see also, Institute of Medicine, The Future of Public Health (Washington, DC: National Academy Press, 1988).CrossRefGoogle Scholar
Id. (Moulton).Google Scholar
Pevar, S. L., The Rights of Indians and Tribes (New York: Oxford University Press, 2012): at 82.Google Scholar
US Const. art I, § 8, cl. 3; US Const. art II, § 2, cl. 2.Google Scholar
Johnson v. M'Intosh, 21 U.S. 543 (1823); Cherokee Nation v. Georgia, 30 U.S. 1 (1831); Worcester v. Georgia, 31 U.S. 515 (1832).Google Scholar
Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, 83 Fed. Reg. 4235 (January 30, 2018).Google Scholar
See Pevar, supra note 3, at 30-31; Cherokee Nation, supra note 5.Google Scholar
Seminole Nation v. United States, 316 U.S. 286 (1942).Google Scholar
See Pevar, supra, note 3, at 109.Google Scholar
Reilley, B.,et al., “Death Rates From Human Immunodeficiency Virus and Tuberculosis among American Indians/Alaska Natives in the United States, 1990–2009,” American Journal of Public Health 104 (2014): s453-458.CrossRefGoogle Scholar
Centers for Disease Control and Prevention, Sexually Transmitted Disease Surveillance 2011 (Atlanta: U.S. Department of Health and Human Services, 2012).Google Scholar
Centers for Disease Control and Prevention, “Deaths Related to 2009 Pandemic Influenza A (H1N1) Among American Indian/Alaska Natives – 12 States, 2009,” MMWR Morbidity and Mortality Weekly Report 58, no. 48 (2009): 1341-1344.Google Scholar
Tipps, R. T., Buzzard, G. T., and McDougall, J. A., “The Opioid Epidemic in Indian Country,” Journal of Law, Medicine & Ethics 46, no. 2 (2018): 422-436.CrossRefGoogle Scholar
National Congress of American Indians Policy Research Center Research Policy Update, Responding to the Opioid Crisis: An Update for Tribal Leaders, June 2017, available at <http://www.ncai.org/policy-research-center/research-data/prc-publications/Opioid_Brief_NCAI_PRC_June_2017_FINAL.pdf> (last visited May 6, 2019).+(last+visited+May+6,+2019).>Google Scholar
See, e.g., General Allotment Act of 1887, ch. 119, 24 Stat. 388.Google Scholar
Bryan, R. T. et al., “Public Health Legal Preparedness in Indian Country,” American Journal of Public Health 99, no. 4 (2009): 606-614.CrossRefGoogle Scholar
Barnard, J. B., “Responding to Public Health Emergencies on Tribal Lands: Jurisdictional Challenges and Practical Solutions,” Yale Law Journal of Law, Policy & Ethics 15 (2015): 251-292.Google Scholar
The Tribal Legal Preparedness Project, available at <http:/tlpp.pitt.edu> (last visited May 6, 2019).+(last+visited+May+6,+2019).>Google Scholar
National Conference of State Legislatures, Government to Government Models of Cooperation between States and Tribes, April 2009, available at <http://www.ncsl.org/research/state-tribal-institute/models-of-cooperation-between-states-and-tribes.aspx> (last visited May 6, 2019).+(last+visited+May+6,+2019).>Google Scholar
Federal Emergency Management Agency, U.S. Fire Administration, “An Overview of Incident Management Teams,” available at <https://www.usfa.fema.gov/training/imt/imt_overview.html> (last visited May 6, 2019).+(last+visited+May+6,+2019).>Google Scholar
Northwest Tribal Emergency Management Council, available at <http://nwtemc.org/> (last visited May 6, 2019).+(last+visited+May+6,+2019).>Google Scholar