(Reprinted with amendments adopted on April 15, 2025)
FIRST REPRINT A.B. 392
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ASSEMBLY BILL NO. 392–ASSEMBLYMEMBER CARTER
MARCH 11, 2025
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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.
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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
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 1
into a joint or cooperative agreement with any other public agency of this State, 2
another state, the Federal Government or an Indian tribe, group of tribes, organized 3
segment of a tribe or any organization representing such tribal entities to exercise 4
any power, privilege or authority capable of being exercised by such a public 5
agency. (NRS 277.100, 277.110) Existing law also authorizes one or more such 6
public agencies to contract with any one or more other public agencies to perform 7
any governmental service, activity or undertaking which any of the public agencies 8
are authorized to perform. (NRS 277.180) Section 1 of this bill provides that, if a 9
tribal government wishes to enter into a joint or cooperative agreement or contract 10
with the governing body of a county or agency thereof for the performance of any 11
service, activity or undertaking, the governing body of the county, on behalf of the 12
county or agency thereof, may engage in discussions in good faith with the tribal 13
government. If the governing body enters into such an agreement or contract with a 14
tribal government, section 1 requires that the agreement be a conditional interlocal 15
agreement which: (1) does not require the tribal government to waive sovereign 16
immunity; and (2) authorizes the governing body of the county to terminate the 17
agreement with 90 days’ advance notice to the tribal government under certain 18
circumstances. 19
Sections 2 and 3 of this bill add the provisions of section 1 to the Interlocal 20
Cooperation Act and purpose of the Act. 21
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Section 4 of this bill applies the definitions in the Interlocal Cooperation Act 22
relating to the Act to the provisions of section 1. 23
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 1
thereto a new section to read as follows: 2
1. If a tribal government wishes to enter into an agreement 3
for joint or cooperative action or contract with the governing body 4
of a county or agency thereof, pursuant to the provisions of this 5
section and NRS 277.080 to 277.180, inclusive, within which tribal 6
land of the tribal government is located, partially or wholly, for the 7
performance of any governmental service, activity or undertaking 8
which the tribal government, county or agency thereof is 9
authorized by law to perform, the governing body of the county 10
may, on behalf of the county or agency thereof, engage in 11
discussions in good faith with the tribal government for the 12
performance of such services. 13
2. If the governing body of a county or agency thereof enters 14
into an agreement or contract pursuant to the provisions of this 15
section and NRS 277.080 to 277.180, inclusive, such an agreement 16
must be a conditional interlocal agreement which: 17
(a) Must not require a tribal government to waive sovereign 18
immunity; and 19
(b) Must authorize the governing body of the county or agency 20
thereof to terminate the agreement by providing the tribal 21
government with 90 days’ advance written notice, upon the 22
occurrence of any of the following conditions: 23
(1) The tribal government is more than 60 days delinquent 24
on its financial obligations under the agreement; 25
(2) The tribal government fails to respond for more than 90 26
days to a written demand by the governing body of the county or 27
agency thereof to perform under the agreement; 28
(3) An authorized representative of the tribal government 29
or tribal council or tribal police of the tribal government prevents 30
entry onto the tribal land or otherwise prevents the county or 31
agency thereof, or any employee or agent of the county or agency, 32
from otherwise performing under the agreement; or 33
(4) The tribal government enters into any subsequent 34
agreement pursuant to this section and NRS 277.080 to 277.180, 35
inclusive, which materially conflicts with the existing agreement. 36
3. As used in this section: 37
(a) “Good faith” means honesty in fact and the observance of 38
reasonable standards of fair dealing. 39
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(b) “Tribal government” means the governing body of an 1
Indian tribe, group of tribes, organized segment of a tribe or any 2
organization representing two or more such entities. 3
Sec. 2. NRS 277.080 is hereby amended to read as follows: 4
277.080 NRS 277.080 to 277.180, inclusive, and section 1 of 5
this act may be cited as the Interlocal Cooperation Act. 6
Sec. 3. NRS 277.090 is hereby amended to read as follows: 7
277.090 It is the purpose of NRS 277.080 to 277.180, 8
inclusive, and section 1 of this act to permit local governments to 9
make the most efficient use of their powers by enabling them to 10
cooperate with other local governments on a basis of mutual 11
advantage and thereby to provide services and facilities in a manner 12
and pursuant to forms of governmental organization which will best 13
accord with geographic, economic, population and other factors 14
influencing the needs and development of local communities. 15
Sec. 4. NRS 277.100 is hereby amended to read as follows: 16
277.100 As used in NRS 277.080 to 277.180, inclusive, and 17
section 1 of this act, unless the context otherwise requires: 18
1. “Public agency” means: 19
(a) Any political subdivision of this State, including without 20
limitation counties, incorporated cities and towns, including Carson 21
City, unincorporated towns, school districts and other districts. 22
(b) Any agency of this State or of the United States. 23
(c) Any political subdivision of another state. 24
(d) Any Indian tribe, group of tribes, organized segment of a 25
tribe, or any organization representing two or more such entities. 26
2. “State” includes any of the United States and the District of 27
Columbia. 28
Sec. 5. This act becomes effective on July 1, 2025. 29
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