Yankton Sioux Institutes Travel Ban To Combat Coronavirus

By Hailey Konnath
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Sign up for our Native American newsletter

You must correct or enter the following before you can sign up:

Select more newsletters to receive for free [+] Show less [-]

Thank You!



Law360 (March 13, 2020, 10:33 PM EDT) -- The Yankton Sioux Tribe on Friday said it has enacted a travel ban, restricting all tribally funded outgoing and incoming travel, as the world continues to grapple with the COVID-19 outbreak.

The tribe also took the "extraordinary but necessary step" to declare a state of emergency for the tribe and its reservation in South Dakota, according to a statement. The move allows the tribe to suspend portions of personnel policies and allow for tribal employees to take leave or work from home, the tribe said.

And the Yankton Sioux temporarily adopted the Centers for Disease Control and Prevention recommendations on dealing with the virus as it works to develop a tribal-specific emergency response plan and strategies, per the statement.

"Later today we will meet with stakeholders from the tribe as well as stakeholders from the surrounding community to discuss and share ideas and solutions," the tribe said. "We call upon each of us to practice personal responsibility and instill within our households practices that will mitigate and combat the spread of COVID-19."

"We have always been a resilient Oyate, and we will get through this together," it added.

The Yankton Sioux said its business and claims committee learned of a potential case of COVID-19 earlier this week at the Indian Health Service unit in Wagner, South Dakota, which provides health care services to the reservation. That individual's virus test has been sent to the CDC for confirmation.

According to the World Health Organization, the U.S. had 1,264 confirmed cases of COVID-19 and 36 deaths as of Friday. On Wednesday, the WHO declared the coronavirus outbreak a global pandemic.

Also on Wednesday, U.S. Sen. Tom Udall, D-N.M., introduced legislation to ensure tribes have equal access to the CDC resources to prepare for public health emergencies, like the coronavirus outbreak.

Udall, vice chairman of the Senate Committee on Indian Affairs, said the CDC Tribal Public Health Security and Preparedness Act would permit tribes to apply directly to the CDC public health emergency preparedness program. It also authorizes the CDC to make any necessary modifications to that program to fit the needs of tribes, according to a statement from Udall.

The CDC's emergency preparedness program helps increase the capacity of local public health entities and improve their responses to public health emergencies, per the statement. Tribes are presently ineligible to apply for the program.

Udall said in the statement that tribes need the same access to resources as everyone else to face public health emergencies.

"While the Indian Health Service serves as the primary federal agency charged with providing healthcare in Indian Country, all federal agencies — including the CDC — share equally in the requirement to fulfill our trust and treaty obligations," Udall said. "This new legislation will improve tribal access to federal resources meant to help communities better prepare for public health emergencies."

Earlier this month, a group of 27 senators urged Vice President Mike Pence to approve coronavirus emergency funds for Native Americans following congressional passage of a bill that included $40 million for tribes.

Udall, who also led that effort, asked Pence to "meaningfully engage" with indigenous people, saying his leadership of administration efforts to combat the virus comes as the U.S. has already confirmed COVID-19 cases in states where tribes and urban Indian communities are located.

--Additional reporting by Joyce Hanson. Editing by Nicole Bleier.

For a reprint of this article, please contact reprints@law360.com.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!