EMERGENCY DECLARATIONS AND TRIBES: MECHANISMS UNDER TRIBAL AND FEDERAL LAW.

Abstract

Tribes are sovereign nations that maintain a government-to-government relationship with the Unites States. As sovereign entities, tribes have inherent authority to protect the public health and welfare of their citizens. Tribes thus have the authority to undertake measures to prepare and manage public health emergencies in the manner most appropriate for their communities. Coupled with existing federal statutes, there are multiple mechanisms for tribes, either directly or through a state or the US federal government, to declare an emergency or receive the benefits of a federal declaration. This article summarizes several types of emergency declarations, including tribal declarations, Stafford Act declarations, and federal public health emergency declarations, and their implications for tribes.