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- 83rd Session (2025)
Assembly Bill No. 392–Assemblymember Carter
CHAPTER..........
AN ACT relating to governmental administration; revising
provisions relating to certain interlocal agreements and
contracts between tribal governments and certain public
agencies; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
The Interlocal Cooperation Act authorizes a public agency of this State to enter
into a joint or coopera tive agreement with any other public agency of this State,
another state, the Federal Government or an Indian tribe, group of tribes, organized
segment of a tribe or any organization representing such tribal entities to exercise
any power, privilege or aut hority capable of being exercised by such a public
agency. (NRS 277.100, 277.110) Existing law also authorizes one or more such
public agencies to contract with any one or more other public agencies to perform
any governmental service, activity or undertak ing which any of the public agencies
are authorized to perform. (NRS 277.180) Section 1 of this bill provides that, if a
tribal government wishes to enter into a joint or cooperative agreement or contract
with the governing body of a county or agency there of for the performance of any
service, activity or undertaking, the governing body of the county, on behalf of the
county or agency thereof, may engage in discussions in good faith with the tribal
government. If the governing body enters into such an agree ment or contract with a
tribal government, section 1 requires that the agreement be a conditional interlocal
agreement which: (1) does not require the tribal government to waive sovereign
immunity; and (2) authorizes the governing body of the county to ter minate the
agreement with 90 days’ advance notice to the tribal government under certain
circumstances.
Sections 2 and 3 of this bill add the provisions of section 1 to the Interlocal
Cooperation Act and purpose of the Act.
Section 4 of this bill applies the definitions in the Interlocal Cooperation Act
relating to the Act to the provisions of section 1.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 277 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If a tribal government wishes to enter into an agreement
for joint or cooperative action or contract with the governing body
of a county or agency thereof, pursuant to the provisions of this
section and NRS 277.080 to 277.180, inclusive, within which tribal
land of the tribal government is located, partially or wholly, for the
performance of any governmental service, activity or undertaking
which the tribal government, county or agency thereof is
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authorized by law to perform, the governing body of the county
may, on behalf of the county or agency thereof, engage in
discussions in good faith with the tribal government for the
performance of such services.
2. If the governing body of a county o r agency thereof enters
into an agreement or contract pursuant to the provisions of this
section and NRS 277.080 to 277.180, inclusive, such an agreement
must be a conditional interlocal agreement which:
(a) Must not require a tribal government to waive s overeign
immunity; and
(b) Must authorize the governing body of the county or agency
thereof to terminate the agreement by providing the tribal
government with 90 days’ advance written notice, upon the
occurrence of any of the following conditions:
(1) The tribal government is more than 60 days delinquent
on its financial obligations under the agreement;
(2) The tribal government fails to respond for more than 90
days to a written demand by the governing body of the county or
agency thereof to perform under the agreement;
(3) An authorized representative of the tribal government
or tribal council or tribal police of the tribal government prevents
entry onto the tribal land or otherwise prevents the county or
agency thereof, or any employee or agent of the county or agency,
from otherwise performing under the agreement; or
(4) The tribal government enters into any subsequent
agreement pursuant to this section and NRS 277.080 to 277.180,
inclusive, which materially conflicts with the existing agreement.
3. For the purposes of this section , an agency of a county
does not include any water authority, water district or water
reclamation district.
4. As used in this section:
(a) “Good faith” means honesty in fact and the observance of
reasonable standards of fair dealing.
(b) “Tribal government” means the governing body of an
Indian tribe, group of tribes, organized segment of a tribe or any
organization representing two or more such entities.
Sec. 2. NRS 277.080 is hereby amended to read as follows:
277.080 NRS 277.080 to 277.180, inclusive, and section 1 of
this act may be cited as the Interlocal Cooperation Act.
Sec. 3. NRS 277.090 is hereby amended to read as follows:
277.090 It is the purpose of NRS 277.080 to 277.180,
inclusive, and section 1 of this act to permit local governments to
make the most efficient use of their powers by enabling them to
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cooperate with other local governments on a basis of mutual
advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization which will best
accord with geographic, economic, population and other factors
influencing the needs and development of local communities.
Sec. 4. NRS 277.100 is hereby amended to read as follows:
277.100 As used in NRS 277.080 to 277.180, inclusive, and
section 1 of this act, unless the context otherwise requires:
1. “Public agency” means:
(a) Any political subdivision of this State, including without
limitation counties, incorporated cities and towns, in cluding Carson
City, unincorporated towns, school districts and other districts.
(b) Any agency of this State or of the United States.
(c) Any political subdivision of another state.
(d) Any Indian tribe, group of tribes, organized segment of a
tribe, or any organization representing two or more such entities.
2. “State” includes any of the United States and the District of
Columbia.
Sec. 5. This act becomes effective on July 1, 2025.
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