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Article III. Communicable Disease Control Measures
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The Yurok Tribal Council may declare a Tribal public health emergency. Prior to such declaration, the Yurok Tribal Council may consult with Tribal, federal, state, and local public health agencies and any other public health or other experts as needed. If an imminent hazard exists and the Yurok Tribal Council is not available to act, the Yurok Public Health Officer may declare a public health emergency for a period of up to 48 hours to allow the Yurok Tribal Council time to respond.

(a) Emergency Powers. During a public health emergency, the Tribal Council may:

(1) Suspend the provisions of any Tribal policies, procedures, and laws prescribing procedures for conducting Tribal business, or the orders, rules and regulations of any Tribal agency, where strict compliance with the same would prevent, hinder, or delay necessary action (including emergency purchases) to respond to the public health emergency by the Yurok Public Health Officer, or increase the health threat to the population;

(2) Utilize all available resources of the Tribal government and its political subdivisions, as reasonably necessary to prepare for and respond to the public health emergency;

(3) Transfer the direction, personnel, or functions of Tribal departments and agencies to perform or facilitate response and recovery programs regarding the public health emergency;

(4) Provide aid to and seek aid from Tribal, federal, state, local government partners, nonprofit organizations, charitable foundations, or private individuals; and

(5) Seek aid from the federal government in accordance with federal programs or requirements.

(b) Emergency Measures Concerning Facilities and Materials. During a public health emergency, the Yurok Tribal Council is authorized to:

(1) Close, direct, and compel the evacuation of, or decontaminate or cause to be decontaminated, any facility or space of which it has reasonable cause to believe that it may endanger the public’s health.

(2) Procure by legal condemnation or otherwise construct, lease, transport, store, maintain, renovate, or distribute materials and facilities as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof. Such materials and facilities include communication devices, equipment, carriers, contract services, real estate, fuels, food, water, cleaning, hygiene and sheltering supplies, clothing, and other necessary items to respond to the public health emergency.

(3) Require a health care facility to plan for and provide services or the use of its facility if such services or use are reasonable and necessary to respond to the public health emergency as a condition of the ability to continue operating as a health care facility.

(4) Decontaminate or cause to be decontaminated, or safely destroy, any material of which it has reasonable cause to believe that it may endanger the public’s health.

(5) Inspect, control, restrict, repurpose, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing and other commodities, as may be reasonable and necessary to respond to the public health emergency.

(c) Control of Roads, Public Areas, and Persons on the Reservation. During a public health emergency, the Yurok Tribal Council is authorized to:

(1) Prescribe routes, modes of transportation, and destinations in connection with evacuation of individuals or the provision of emergency services.

(2) Control or limit ingress and egress to and from any stricken or threatened public area, the movement of individuals within the area, and the occupancy of premises therein, if such action is reasonable and necessary to respond to the public health emergency.

(3) Safely exclude any person from the Yurok Reservation who has, or has been exposed to, a communicable disease or condition as defined under this chapter.

(d) Safe Disposal of Infectious Waste or Contaminated Material. During a public health emergency, the Yurok Tribal Council is authorized to:

(1) Adopt and enforce measures to provide for the safe disposal of infectious waste or contaminated material as may be reasonable and necessary to respond to the public health emergency. Such measures may include the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste or contaminated material.

(2) Require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste or contaminated material under the laws of this Tribe, and any landfill business or other such property, to accept infectious waste or contaminated material, or provide services or the use of the business, facility, or property if such action is reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business in the Tribe as such a business or facility. The use of the business, facility, or property may include transferring the management and supervision of such business, facility, or property to the Tribe for a limited or unlimited period of time.

(3) Procure, by condemnation or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste or contaminated material under the laws of this Tribe and any landfill business or other such property as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof.

(4) Require all bags, boxes, or other containers for infectious waste or contaminated material to be clearly identified as containing infectious waste or contaminated material, and, if known, the type of infectious waste or contaminated material (consistent with Tribal laws).

(e) Control of Health Care Supplies.

(1) Procurement. During a public health emergency, the Tribe may purchase, repurpose, accept donations, and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other pharmaceutical agents, medical supplies, or personal protective equipment (PPE) and supplies to prepare for or control a public health emergency.

(2) Rationing. Where a public health emergency results in a shortage or threatened shortage of any product under subsection (a) of this section, whether or not such product has been purchased by the Tribe, the Tribe may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of the relevant product. In making rationing or other supply and distribution decisions, the Tribe may give preference to health care providers, disaster service workers, essential workers, elders, other vulnerable populations, and the household members of these persons.

(3) Distribution. During a public health emergency, the Tribe may store or distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other medications or pharmaceutical agents, personal protective equipment, or medical supplies located within the Tribe as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof.

(f) Civil Proceedings. To the extent practicable consistent with the protection of public health, prior to the destruction of any property under this chapter, the Tribe shall institute appropriate civil proceedings concerning the property to be destroyed in accordance with the existing laws and rules of the Yurok Tribal Court or any such rules that may be developed by the Yurok Tribal Court for use during a public health emergency. Any property acquired by the Tribe through such proceedings shall, after entry of the decree, be disposed of by destruction as the Yurok Tribal Court may direct in accordance with the Yurok Tribal Court – Rules of Court. [Ord. 70 § 4201, amended, 1/21/2021; Ord. 65 § 4201, adopted, 4/22/2020.]