AB 392 — Revises provisions relating to interlocal agreements and contracts with tribal governments. (BDR 22-1059)

(ReprintedAssembly withBill amendmentsNo. adopted on April 15, 2025) FIRST REPRINT A.B.

392392–Assemblymember ASSEMBLYCarter BCHAPTER.......... ILLN O.

392–A SSEMBLYMEMBER C ARTER M ARCH 11, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to interlocal agreements and contracts with tribal governments.

(BDR 22-1059) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

intoThe aInterlocal jointCooperation orAct cooperativeauthorizes agreementa with any other public agency of this State,erState anotherto state,enter theinto Federala Governmentjoint or ancooperative Indianagreement tribe,with groupany other public agency of tribes,this organizedState, segment of a tribe or any organization representing such tribal entities to exercise any power, privilege or authority 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 undertaking which any of the public agencies tribalare governmentauthorized wishes to enterperform. into a joint or cooperative agreement or contract with the governing body of a county or agency thereof 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.

(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 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.

(1) does not require the tribal government to waive sovereign agreementimmunity; with 90 days’ advance notice to the tribal government under certaine circumstances.

Sections 2 and 3(2) ofauthorizes this bill add the provisionsgoverning body of sectionthe 1county to theterminate Interlocal Cooperation Act and purpose of the Act.circumstances.

-90 *AB392_R1*days’ –advance 2notice –to Sectionthe 4tribal government under certain Sections 2 and 3 of this bill appliesadd the definitionsprovisions inof section 1 to the Interlocal Cooperation Act relatingand topurpose theof Act to the provisionsAct. of section 1.

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.

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 - 83rd Session (2025) – 2 – 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.into an agreement or contract pursuant to the provisions of thiss section and NRS 277.080 to 277.180, inclusive, such an agreement must be a conditional interlocal agreement which:

If the governing body of a county or 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:

3.does not include any water authority, water district or watery reclamation district.

4.

- *AB392_R1* – 3 – (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.

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 - 83rd Session (2025) – 3 – 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 besterbest accord with geographic, economic, population and other factors influencinginfSec. the needs and development of local communities.

Sec.4.g thNRS 277.100 is hereby amended to read as follows:

4.

NRS 277.100 is hereby amended to read as follows:

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