The Interlocal Cooperation Act authorizes a public agency of this State to enter into a joint or cooperative 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 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 are authorized to perform. (NRS 277.180) Section 1 of this bill requires 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 thereof for the performance of any service, activity or undertaking, the governing body of the county, on behalf of the county or agency thereof, must engage in discussions in good faith with the tribal government. If the governing body enters into such an agreement 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 terminate 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.

Statutes affected:
As Introduced: 277.080, 277.090, 277.100
BDR: 277.080, 277.090, 277.100