S.B. 94
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SENATE BILL NO. 94–COMMITTEE ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON NATURAL RESOURCES)
PREFILED FEBRUARY 1, 2023
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to tribal liaison officers.
(BDR 18-348)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to governmental administration; revising the
duties of and setting forth certain qualifications for the
position of tribal liaisons who are employed by state
agencies; requiring the Administrator of the Division of
Human Resource Management of the Department of
Administration to establish the position of tribal liaison in
the classification plan and pay plan for state service; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a state agency that communicates with Indian tribes on a 1
regular basis is required to designate a tribal liaison. (NRS 233A.260) Section 1 of 2
this bill requires instead that each such state agency employ a tribal liaison and 3
provides that each tribal liaison is in the classified service of the State. 4
Existing law requires a tribal liaison to: (1) assist the head of the state agency 5
with ensuring the implementation of certain policies related to Indian tribes; (2) 6
serve as a contact person and maintain ongoing communication between the state 7
agency and certain Indian tribes; and (3) ensure that certain training is provided to 8
the staff of the state agency. (NRS 233A.260) Section 1 revises the duties of a 9
tribal liaison to require that a tribal liaison: (1) ensure open and consistent 10
communication between each Indian tribe in this State and the state agency; (2) 11
serve as the main representative of the state agency in meetings and other events 12
with Indian tribes and tribal groups or organizations; (3) promote the use of certain 13
land acknowledgement statements; (4) have an understanding of the history, 14
customs and cultures of Indian tribes in this State; (5) establish protocols that 15
prioritize tribal self-determination; (6) establish, manage and ensure adherence to 16
tribal consultation policies; (7) advise administrators of the state agency on certain 17
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legislative and policy issues; (8) raise awareness and understanding of Indian tribes 18
within each office and location of the state agency; and (9) promote equity. 19
Existing law requires the Administrator of the Division of Human Resource 20
Management of the Department of Administration to: (1) prepare, maintain and 21
revise as necessary a classification plan for all positions in the classified service of 22
the State; and (2) after consultation with appointing authorities and state fiscal 23
officers, prepare a pay plan for all employees in the classified service. (NRS 24
284.160, 284.175) Section 2 of this bill requires the Administrator to, on or before 25
October 1, 2023, establish the position of tribal liaison, as described in section 1, in 26
the classification plan and pay plan for classified service. The pay plan must, with 27
certain exception, set forth the range for the position of tribal liaison at a grade 36 28
to grade 38. Section 2 further sets forth certain minimum qualifications and 29
preferences in hiring for the position of tribal liaison. 30
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233A.260 is hereby amended to read as 1
follows: 2
233A.260 1. The Commission shall develop and implement a 3
policy that: 4
(a) Promotes effective communication and collaboration 5
between a state agency and Indian tribes; 6
(b) Promotes positive government-to-government relations 7
between this State and Indian tribes; 8
(c) Promotes cultural competency in providing effective services 9
to Indian tribes; and 10
(d) Establishes a method for notifying employees of a state 11
agency of the provisions of NRS 233A.200 to 233A.280, inclusive, 12
and the policy that the Commission develops pursuant to this 13
section. 14
2. In the process of developing the policy pursuant to 15
subsection 1, the Commission shall consult with representatives of 16
Indian tribes and of state agencies. 17
3. A state agency shall make a reasonable effort to collaborate 18
with Indian tribes in the development and implementation of 19
policies, agreements and programs of the state agency that directly 20
affect Indian tribes. 21
4. Each state agency that communicates with Indian tribes on a 22
regular basis shall [designate] employ a tribal liaison who reports 23
directly to the office of the head of the state agency. [The] Each 24
tribal liaison is in the classified service of the State. 25
5. A tribal liaison shall: 26
(a) Assist the head of the state agency with ensuring the 27
implementation of the policy developed pursuant to subsection 1; 28
(b) Serve as [a] the direct contact person [who shall maintain 29
ongoing communication] between the state agency and [affected] 30
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Indian tribes [; and] that are located in whole or in part within the 1
boundaries of this State; 2
(c) Ensure that training is provided to the staff of the state 3
agency pursuant to subsection 2 of NRS 233A.270 [. 4
Nothing in this subsection precludes a tribal liaison from 5
providing or facilitating additional training. 6
5.] ; 7
(d) Ensure open and consistent communication between each 8
Indian tribe that is located in whole or in part within the 9
boundaries of this State and the state agency, including, without 10
limitation, meeting regularly with designated officials of Indian 11
tribes and organizations that are affiliated with one or more 12
Indian tribes in order to build, strengthen and sustain the 13
government-to-government relationship between Indian tribes and 14
the state agency; 15
(e) Serve as the main representative of the state agency in 16
meetings and other events with Indian tribes and tribal groups or 17
organizations; 18
(f) Promote the use of a land acknowledgement statement for 19
each Indian tribe that is located in whole or in part within the 20
boundaries of this State; 21
(g) Have an understanding of the history, customs and 22
cultures of the Indian tribes that are located in whole or in part 23
within the boundaries of this State; 24
(h) Establish protocols that prioritize tribal self-determination; 25
(i) Establish, manage and ensure adherence to tribal 26
consultation policies; 27
(j) Advise administrators of the state agency on legislative and 28
policy issues of concern to Indian tribes that are within the 29
jurisdiction of the state agency; 30
(k) Raise awareness and understanding of Indian tribes within 31
each office and location of the state agency; and 32
(l) Promote equity by: 33
(1) Developing a strategic plan and program for how the 34
state agency may better serve Native Americans in this State; 35
(2) Identifying programs and services needed by tribal 36
communities that are within the jurisdiction of the state agency 37
and advocating on behalf of tribal communities for such programs 38
and services; 39
(3) Developing and providing programs and events to 40
educate staff of the state agency about Native Americans and each 41
Indian tribe that is located in whole or in part within the 42
boundaries of this State; and 43
(4) Supporting each Indian tribe that is located in whole or 44
in part within the boundaries of this State. 45
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6. If a representative of an Indian tribe, on tribal business, 1
contacts a state agency to resolve an issue with a policy, agreement , 2
[or] program or project of the state agency that affects that Indian 3
tribe, the tribal liaison of the state agency shall notify the head of the 4
state agency of the issue. The head of the state agency, or his or her 5
designee, and the tribal liaison must follow the policy developed 6
pursuant to subsection 1 to attempt to resolve the issue in 7
collaboration with the Indian tribe. 8
[6.] 7. The Commission shall publish on its Internet website an 9
accurate list of the names and contact information for the leaders of 10
the Indian tribes and for the tribal liaison of each state agency that 11
communicates with Indian tribes on a regular basis. 12
Sec. 2. 1. On or before October 1, 2023, the Administrator of 13
the Division of Human Resource Management of the Department of 14
Administration shall establish the position of tribal liaison, as 15
described in NRS 233A.260, as amended by section 1 of this act, in 16
the classification plan for classified service that is required pursuant 17
to NRS 284.160 and the pay plan for classified service that is 18
required pursuant to NRS 284.175. 19
2. Except as otherwise provided in this subsection, the pay plan 20
must set forth the range for the position of tribal liaison at a grade 21
36 to a grade 38. If on July 1, 2023, a state agency already employs 22
a person as a tribal liaison, as described in NRS 233A.260, as that 23
section existed on June 30, 2023, and the range for the position of 24
the person who is a tribal liaison is higher, the position of tribal 25
liaison for that state agency must continue to be classified at such 26
higher grade. 27
3. Notwithstanding the provisions of NRS 284.170, the 28
position of tribal liaison, as described in NRS 233A.260, as 29
amended by section 1 of this act, must require: 30
(a) A minimum of 2 years of experience working with tribal 31
governments or communities. 32
(b) A demonstrated ability to gain trust, build relationships and 33
collaborate continuously with tribal governments, staff of tribal 34
governments and organizations that partner with Indian tribes; and 35
(c) Familiarity with tribal relations, treaties, structure and issues 36
and relevant federal and state policies. 37
4. In filling a tribal liaison position, as described in NRS 38
233A.260, as amended by section 1 of this act, a state agency must: 39
(a) Give preference in hiring: 40
(1) First, to a person who is an enrolled member of an Indian 41
tribe that is located in whole or in part within the boundaries of this 42
State, or to a person who is certified as a lineal descendant of a 43
person enrolled upon an enrollment listing of the Bureau of Indian 44
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Affairs or upon the enrollment listing of an Indian tribe that is 1
located in whole or in part within the boundaries of this State. 2
(2) Second, to a person who is an enrolled member of an 3
Indian tribe which is not located in whole or in part within the 4
boundaries of this State, or to a person who is certified as a lineal 5
descendant of a person enrolled upon an enrollment listing of the 6
Bureau of Indian Affairs or upon the enrollment listing of an Indian 7
tribe, which is not located in whole or in part within the boundaries 8
of this State. 9
(b) Accept not less than 6 years of previous and relevant 10
employment with an Indian tribe as equivalent to a bachelor’s 11
degree in the relevant field. 12
5. As used in this section: 13
(a) “Indian tribe” has the meaning ascribed to it in 14
NRS 233A.220. 15
(b) “State agency” has the meaning ascribed to it in 16
NRS 233A.250. 17
Sec. 3. Insofar as they conflict with the provisions of such an 18
agreement, the provisions of this act do not apply during the current 19
term of any collective bargaining agreement entered into before 20
July 1, 2023, but do apply to any extension or renewal of such an 21
agreement and to any collective bargaining agreement entered into 22
on or after July 1, 2023. 23
Sec. 4. This act becomes effective on July 1, 2023. 24
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