SB286 - Establishes provisions relating to tribal communication, cooperation and consultation when engaged in certain planning processes. (BDR 26-392)

S.B. 286 - *SB286* SENATE BILL NO. 286–COMMITTEE ON NATURAL RESOURCES (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON NATURAL RESOURCES) MARCH 5, 2025 ____________ Referred to Committee on Natural Resources SUMMARY—Establishes provisions relating to tribal communication, cooperation and consultation when engaged in certain planning processes. (BDR 26-392) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 5) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to planning; declaring the importance of tribal knowledge and expertise and consulting tribal governments when engaged in the land use planning process; revising provisions relating to the State and Local Government Cooperation Act to include tribal governments; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, the Legislature finds and declares that it is in the public 1 interest to place the primary authority for the planning process with the local 2 governments and that state participation in land use planning should be limited to 3 certain activities. (NRS 321.640) Section 1 of this bill declares the importance of 4 tribal knowledge and expertise as a source of local knowledge and consulting with 5 tribal governments and tribal members when local governments are engaged in the 6 planning process. 7 Existing law sets forth the State and Local Government Cooperation Act for the 8 purpose of encouraging communication, cooperation and coordinated working 9 relationships between state agencies and local governments. To carry out this 10 purpose, existing law provides that state agencies and local governments should, to 11 the extent practicable, follow certain procedures when adopting or amending 12 certain plans. (NRS 277.182-277.188) Section 5 of this bill provides that state 13 – 2 – - *SB286* agencies and local governments should also communicate, cooperate and 14 coordinate working relationships with tribal governments by following the same 15 procedures to inform and solicit and consider comments from tribal governments 16 when adopting or amending certain plans. 17 Consistent with this change, section 3 of this bill renames the title of the State 18 and Local Government Cooperation Act to the State, Local and Tribal Government 19 Cooperation Act. Section 6 of this bill provides that these provisions do not limit 20 the power of a state agency or local government to carry out its statutory duties and 21 responsibilities. 22 Section 2 of this bill defines “tribal government” for the purposes of the State, 23 Local and Tribal Government Cooperation Act. Section 4 of this bill applies the 24 definitions in existing law relating to the Act and section 2 to the provisions of the 25 Act. 26 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 321.640 is hereby amended to read as follows: 1 321.640 The Legislature hereby finds and declares that: 2 1. It is in the public interest to place the primary authority for 3 the planning process with the local governments, which are closest 4 to the people; 5 2. Unregulated growth and development of the State will result 6 in harm to the public safety, health, comfort, convenience, resources 7 and general welfare; 8 3. The cities of the State have a responsibility for guiding the 9 development of areas within their respective boundaries for the 10 common good, and the counties have similar responsibilities with 11 respect to their unincorporated areas; 12 4. City, county, regional and other planning must be done in 13 harmony to ensure the orderly growth and preservation of the State; 14 and 15 5. State participation in land use planning should be limited to 16 coordination of information and data, the acquisition and use of 17 federal lands within the State, providing land use planning 18 assistance in areas of critical environmental concern when directed 19 by the Governor or requested by local governments, and providing 20 assistance in resolving inconsistencies between the land use plans of 21 local governmental entities when requested to do so by one of the 22 entities. 23 6. Tribal knowledge and expertise is an important source of 24 local knowledge and tribal governments and tribal members 25 should be consulted when local governments are engaged in the 26 planning process, including, without limitation, when: 27 (a) Considering approval for any project or activity proposed 28 to be conducted on state or public lands; and 29 – 3 – - *SB286* (b) Consulting or coordinating with the Federal Government 1 or other local governments or local entities with regard to any 2 project or activity which is proposed to be conducted on state or 3 public lands. 4 Sec. 2. Chapter 277 of NRS is hereby amended by adding 5 thereto a new section to read as follows: 6 “Tribal government” means a federally recognized American 7 Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.12, inclusive. 8 Sec. 3. NRS 277.182 is hereby amended to read as follows: 9 277.182 NRS 277.182 to 277.188, inclusive, and section 2 of 10 this act may be cited as the State , [and] Local and Tribal 11 Government Cooperation Act. 12 Sec. 4. NRS 277.183 is hereby amended to read as follows: 13 277.183 As used in NRS 277.182 to 277.188, inclusive, and 14 section 2 of this act, unless the context otherwise requires, the 15 words and terms defined in NRS 277.184, 277.1855 and 277.186 16 and section 2 of this act have the meanings ascribed to them in 17 those sections. 18 Sec. 5. NRS 277.187 is hereby amended to read as follows: 19 277.187 1. It is the purpose of the State , [and] Local and 20 Tribal Government Cooperation Act to encourage communication, 21 cooperation and coordinated working relationships between state 22 agencies , [and] local governments [.] and tribal governments. 23 2. To carry out the purposes set forth in subsection 1: 24 (a) If a state agency intends to adopt a plan or an amendment 25 thereto, the state agency should, to the extent practicable: 26 (1) Inform local and tribal governments that may be affected 27 of the state agency’s intent to adopt a plan or amendment thereto. 28 (2) Solicit and consider comments from local and tribal 29 governments that may be affected by the plan or amendment thereto. 30 (3) If a local or tribal government informs the state agency 31 that the proposed plan or amendment thereto will be inconsistent or 32 incompatible with a plan of the local or tribal government, consider 33 whether the state agency can make the proposed plan or amendment 34 consistent or compatible with the plan of the local or tribal 35 government. 36 (b) If a local government intends to adopt a plan or an 37 amendment thereto, the local government should, to the extent 38 practicable: 39 (1) Inform state agencies and tribal governments that may 40 be affected of the local government’s intent to adopt a plan or 41 amendment thereto. 42 (2) Solicit and consider comments from state agencies and 43 tribal governments that may be affected by the plan or amendment 44 thereto. 45 – 4 – - *SB286* (3) If a state agency or tribal government informs the local 1 government that the proposed plan or amendment thereto will be 2 inconsistent or incompatible with a plan of the state agency [,] or 3 tribal government, consider whether the local government can make 4 the proposed plan or amendment consistent or compatible with the 5 plan of the state agency [.] or tribal government. 6 3. In carrying out the provisions of this section with respect to 7 tribal governments, a state agency or local government should, to 8 the extent practicable, communicate, coordinate and cooperate 9 with tribal governments in accordance with the policy developed 10 by the Department of Native American Affairs pursuant to 11 NRS 233A.260. 12 Sec. 6. NRS 277.188 is hereby amended to read as follows: 13 277.188 Nothing in the State , [and] Local and Tribal 14 Government Cooperation Act shall be interpreted to limit the power 15 of a state agency or local government to carry out its statutory duties 16 and responsibilities. 17 Sec. 7. The provisions of NRS 354.599 do not apply to any 18 additional expenses of a local government that are related to the 19 provisions of this act. 20 H