[Rev. 12/21/2019 11:13:58 AM--2019]

CHAPTER 233A - INDIAN AFFAIRS

NEVADA INDIAN COMMISSION

NRS 233A.010        Definitions.

NRS 233A.020        Creation; members.

NRS 233A.030        Commissioners: Appointment; qualifications.

NRS 233A.040        Authorized expenses.

NRS 233A.050        Chair; meetings; regulations for management; quorum.

NRS 233A.055        Executive Director: Appointment; qualifications; classification; restrictions on other employment.

NRS 233A.065        Executive Director: Duties.

NRS 233A.070        Executive Director: Appointment of staff.

NRS 233A.080        Salary and expenses of commissioners and employees; payment of claims.

NRS 233A.090        Purpose; reports and recommendations.

NRS 233A.092        Designation as coordinating agency regarding activities at and uses of buildings and grounds of former Stewart Indian School.

NRS 233A.095        Nevada Tribes Legislative Day: Duties of Commission.

NRS 233A.097        Nevada Indian Commission’s Gift Fund.

NRS 233A.100        Powers.

RIGHTS OF INDIANS

NRS 233A.110        Indians subject to jurisdiction of State entitled to all services of State.

NRS 233A.120        Rights of self-government preserved.

NRS 233A.130        Jurisdiction of administrative agencies not extended.

COMMUNICATION AND COLLABORATION BETWEEN STATE AGENCIES AND INDIAN TRIBES

NRS 233A.200        Definitions.

NRS 233A.210        “Agreement” defined.

NRS 233A.220        “Indian tribe” defined.

NRS 233A.230        “Policy” defined.

NRS 233A.240        “Program” defined.

NRS 233A.250        “State agency” defined.

NRS 233A.260        Nevada Indian Commission required to develop certain policies; duties of state agencies; publication of list of tribal leaders.

NRS 233A.270        Annual state-tribal summit; certain employees of state agencies required to complete training to support communication and collaboration with Indian tribes; annual report to Nevada Indian Commission; periodic reports to Governor and Legislature.

NRS 233A.280        No private right of action against state agency or right of review of action of state agency.

STEWART INDIAN SCHOOL CULTURAL CENTER AND MUSEUM

NRS 233A.300        Designation of Stewart Indian School.

NRS 233A.310        Museum Director: Classification and powers.

NRS 233A.320        Museum Director: Duties.

NRS 233A.330        Establishment of stores for sale of gifts and souvenirs.

NRS 233A.340        Petty cash account; change account.

_________

NEVADA INDIAN COMMISSION

      NRS 233A.010  Definitions.  As used in this chapter:

      1.  “Chair” means the Chair of the Nevada Indian Commission.

      2.  “Commission” means the Nevada Indian Commission.

      3.  “Commissioner” means a commissioner of the Nevada Indian Commission.

      4.  “Museum” means the Stewart Indian School Cultural Center and Museum established pursuant to NRS 233A.300.

      (Added to NRS by 1965, 687; A 1973, 293; 2019, 3171)

      NRS 233A.020  Creation; members.  The Nevada Indian Commission, consisting of five members appointed by the Governor, is hereby created.

      (Added to NRS by 1965, 687; A 1973, 293; 1977, 1182)

      NRS 233A.030  Commissioners: Appointment; qualifications.  The Governor shall appoint:

      1.  Three members who are Indians.

      2.  Two members who are representatives of the general public.

      (Added to NRS by 1965, 687; A 1969, 1137; 1973, 294; 1977, 1182; 1989, 1399)

      NRS 233A.040  Authorized expenses.  The Commission may incur all necessary expenses within the limits of legislative appropriations to effectuate its purposes.

      (Added to NRS by 1965, 687)

      NRS 233A.050  Chair; meetings; regulations for management; quorum.  The commissioners shall designate a Chair. The commissioners may meet regularly at least four times each year and at such places and times as are specified by a call of the Chair or majority of the Commission. The Commission shall prescribe regulations for its own management. Three members of the Commission constitute a quorum which may exercise all the authority conferred upon the Commission.

      (Added to NRS by 1965, 687; A 1967, 1493; 1969, 1138; 1973, 294; 1983, 183, 1438)

      NRS 233A.055  Executive Director: Appointment; qualifications; classification; restrictions on other employment.

      1.  The Governor, upon recommendation of the Commission, shall appoint an Executive Director of the Commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.

      2.  The Executive Director of the Commission is in the unclassified service of the State.

      3.  Except as otherwise provided in NRS 284.143, the Executive Director of the Commission shall devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

      (Added to NRS by 1969, 1137; A 1971, 1429; 1981, 1277; 1985, 412; 1997, 618)

      NRS 233A.065  Executive Director: Duties.  The Executive Director of the Commission shall:

      1.  Be jointly responsible to the Governor and the Commission.

      2.  Direct and supervise all the technical and administrative activities of the Commission.

      3.  Attend all Commission meetings and act as Secretary, keeping minutes and audio recordings or transcripts of the proceedings.

      4.  Report to the Governor and the Commission all matters concerning the administration of his or her office. The Executive Director shall request the advice of the Commission regarding matters of policy, but is responsible, unless otherwise provided by law, for the conduct of the administrative functions of the Commission office.

      5.  Compile, for Commission approval and submission to the Governor, a biennial report regarding the work of the Commission and such other matters as the Executive Director may consider desirable.

      6.  Serve as contracting officer to receive funds from the Federal Government or other sources for such studies as the Commission deems necessary.

      7.  Attend all meetings of any special study committee appointed by the Governor pursuant to this chapter and act as Secretary, keeping minutes and audio recordings or transcripts of the proceedings.

      8.  Appoint, supervise and establish the powers and duties of a Museum Director.

      9.  Perform any lawful act which the Executive Director considers necessary or desirable to carry out the purposes and provisions of this chapter.

      (Added to NRS by 1969, 1137; A 2005, 1407; 2019, 3171)

      NRS 233A.070  Executive Director: Appointment of staff.  The Executive Director of the Commission may appoint such professional, technical, clerical and operational staff as the execution of his or her duties and the operation of the Commission may require.

      (Added to NRS by 1965, 688; A 1969, 1138; 1985, 412)

      NRS 233A.080  Salary and expenses of commissioners and employees; payment of claims.

      1.  Commissioners who are not in the regular employ of the State are entitled to receive a salary of not more than $80, as fixed by the Commission, for each day spent on the work of the Commission. Commissioners who are in the regular employ of the State shall serve without additional salary.

      2.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  Claims for payment of all expenses incurred by the Commission, including the salaries and expenses of its commissioners, must be made on vouchers and paid as other claims against the State are paid.

      (Added to NRS by 1965, 688; A 1971, 841; 1975, 297; 1981, 1978; 1985, 412; 1989, 1709)

      NRS 233A.090  Purpose; reports and recommendations.  The purpose of the Commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians. The Commission shall recommend necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to such Indians. The Commission shall make and report from time to time its findings and recommendations to the Legislature, to the Governor and to the public and shall so report at least biennially.

      (Added to NRS by 1965, 688; A 1973, 345)

      NRS 233A.092  Designation as coordinating agency regarding activities at and uses of buildings and grounds of former Stewart Indian School.  The Commission is hereby designated as the coordinating agency for discussions among the Commission, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.

      (Added to NRS by 2015, 278)

      NRS 233A.095  Nevada Tribes Legislative Day: Duties of Commission.  In observance of “Nevada Tribes Legislative Day” established pursuant to NRS 236.038, the Nevada Indian Commission shall:

      1.  Invite the Legislature, the Governor and other elected officials to recognize and pay tribute to the history and culture of American Indians and their contributions to the prosperity and cultural diversity of Nevada and the United States.

      2.  Schedule activities and discussions between state and tribal leaders on issues of common interest.

      (Added to NRS by 2013, 219)

      NRS 233A.097  Nevada Indian Commission’s Gift Fund.

      1.  Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money, revenues generated or other property which the Commission is authorized to accept must be accounted for in the Nevada Indian Commission’s Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The Commission may establish such accounts in the Fund as are necessary to account properly for gifts, grants and revenues received. All such money received by the Commission must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Executive Director of the Commission or his or her designee.

      2.  Gifts of property other than money may be sold or exchanged when this is deemed by the Commission to be in the best interest of the Commission. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the Commission. All money received from the sale must be deposited in the State Treasury to the credit of the appropriate gift account in the Nevada Indian Commission’s Gift Fund. The money may be spent only for the purposes of the Commission. The property may not be sold or exchanged if to do so would violate the terms of the gift.

      (Added to NRS by 2015, 278; A 2019, 3172)

      NRS 233A.100  Powers.  The Commission may:

      1.  Appoint advisory committees whenever necessary or appropriate to assist and advise the Commission in the performance of its duties and responsibilities under this chapter.

      2.  Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the Commission as will best enable it to carry out the purposes for which it is created.

      3.  Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.

      4.  Provide any information or assistance requested by the Department of Wildlife pursuant to NRS 502.280.

      (Added to NRS by 1965, 688; A 1977, 49; 1979, 616; 1989, 575; 2017, 3638)

RIGHTS OF INDIANS

      NRS 233A.110  Indians subject to jurisdiction of State entitled to all services of State.  Indians subject to the jurisdiction of the State of Nevada pursuant to the provisions of NRS 41.430 and 194.040 are entitled to all services of the State of Nevada, including, without limitation, correctional legal aid, public defender, probational and psychiatric services afforded to any other persons who are defendants in criminal actions or parties to civil actions in the courts of this State.

      (Added to NRS by 1973, 1052)

      NRS 233A.120  Rights of self-government preserved.  The provisions of NRS 41.430 and 194.040 do not preclude Indian tribes who are recognized by the United States as possessing powers of self-government from enacting their own laws, regulations and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure, but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada.

      (Added to NRS by 1973, 1052)

      NRS 233A.130  Jurisdiction of administrative agencies not extended.  The provisions of NRS 41.430 and 194.040 do not increase the power of administrative agencies of the State of Nevada to exercise their jurisdiction over persons living and residing upon tribal or Indian country with the consent of the Indian tribe having jurisdiction over that country, but the extent to which such jurisdiction of administrative agencies existed prior to July 1, 1974, shall remain the same and in full force and effect.

      (Added to NRS by 1973, 1052)

COMMUNICATION AND COLLABORATION BETWEEN STATE AGENCIES AND INDIAN TRIBES

      NRS 233A.200  Definitions.  As used in NRS 233A.200 to 233A.280, inclusive, unless the context otherwise requires, the words and terms defined in NRS 233A.210 to 233A.250, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2019, 3167)

      NRS 233A.210  “Agreement” defined.  “Agreement” means a written agreement or a written contract of a state agency.

      (Added to NRS by 2019, 3168)

      NRS 233A.220  “Indian tribe” defined.  “Indian tribe” means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.12, inclusive.

      (Added to NRS by 2019, 3168)

      NRS 233A.230  “Policy” defined.  “Policy” means an official public policy of a state agency that creates a common practice relating to a class of issues.

      (Added to NRS by 2019, 3168)

      NRS 233A.240  “Program” defined.  “Program” means an official program of a state agency.

      (Added to NRS by 2019, 3168)

      NRS 233A.250  “State agency” defined.  “State agency” means an agency, bureau, board, commission, department or division of the Executive Department of State Government.

      (Added to NRS by 2019, 3168)

      NRS 233A.260  Nevada Indian Commission required to develop certain policies; duties of state agencies; publication of list of tribal leaders.

      1.  The Commission shall develop and implement a policy that:

      (a) Promotes effective communication and collaboration between a state agency and Indian tribes;

      (b) Promotes positive government-to-government relations between this State and Indian tribes;

      (c) Promotes cultural competency in providing effective services to Indian tribes; and

      (d) Establishes a method for notifying employees of a state agency of the provisions of NRS 233A.200 to 233A.280, inclusive, and the policy that the Commission develops pursuant to this section.

      2.  In the process of developing the policy pursuant to subsection 1, the Commission shall consult with representatives of Indian tribes and of state agencies.

      3.  A state agency shall make a reasonable effort to collaborate with Indian tribes in the development and implementation of policies, agreements and programs of the state agency that directly affect Indian tribes.

      4.  Each state agency that communicates with Indian tribes on a regular basis shall designate a tribal liaison who reports directly to the office of the head of the agency. The tribal liaison shall:

      (a) Assist the head of the state agency with ensuring the implementation of the policy developed pursuant to subsection 1;

      (b) Serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian tribes; and

      (c) Ensure that training is provided to the staff of the state agency pursuant to subsection 2 of NRS 233A.270.

Ę Nothing in this subsection precludes a tribal liaison from providing or facilitating additional training.

      5.  If a representative of an Indian tribe, on tribal business, contacts a state agency to resolve an issue with a policy, agreement or program of the state agency that affects that Indian tribe, the tribal liaison of the state agency shall notify the head of the state agency of the issue. The head of the state agency, or his or her designee, and the tribal liaison must follow the policy developed pursuant to subsection 1 to attempt to resolve the issue in collaboration with the Indian tribe.

      6.  The Commission shall publish on its Internet website an accurate list of the names and contact information for the leaders of the Indian tribes and for the tribal liaison of each state agency that communicates with Indian tribes on a regular basis.

      (Added to NRS by 2019, 3168)

      NRS 233A.270  Annual state-tribal summit; certain employees of state agencies required to complete training to support communication and collaboration with Indian tribes; annual report to Nevada Indian Commission; periodic reports to Governor and Legislature.

      1.  At least once each year, the Governor shall meet with the leaders of Indian tribes in a state-tribal summit to address matters of mutual concern.

      2.  All heads of a state agency and state agency managers and employees who have ongoing communication with Indian tribes shall complete a training provided by the Division of Human Resource Management of the Department of Administration, in consultation with the Commission. Such training must be designed to support:

      (a) The promotion of effective communication and collaboration between state agencies and Indian tribes;

      (b) The development of positive government-to-government relations between this State and Indian tribes; and

      (c) Cultural competency in providing effective services to Indian tribes.

      3.  On or before July 1 of each year, each state agency that communicates with Indian tribes on a regular basis shall submit a report to the Commission on the activities of the state agency pursuant to NRS 233A.200 to 233A.280, inclusive. The report must include:

      (a) The name and contact information of each person in the state agency who is responsible for developing and implementing programs of the state agency that directly affect Indian tribes;

      (b) Any actions taken or planned by the state agency to carry out the policy implemented pursuant to NRS 233A.260;

      (c) A certification by the Division of Human Resource Management of the Department of Administration of the number of managers and employees of the state agency who have completed the training required pursuant to subsection 2;

      (d) A description of current and planned programs and services provided to or directly affecting Indian tribes and the amount of funding for each program; and

      (e) A description of the method the state agency established for notifying employees of the state agency of the provisions of NRS 233A.200 to 233A.280, inclusive.

      4.  The Commission shall periodically submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission:

      (a) A compilation of the reports submitted pursuant to subsection 3; and

      (b) A report on the activities and any findings and recommendations of the Commission.

      (Added to NRS by 2019, 3169)

      NRS 233A.280  No private right of action against state agency or right of review of action of state agency.  The provisions of NRS 233A.200 to 233A.280, inclusive, do not establish a private right of action against a state agency or a right of review of an action of a state agency.

      (Added to NRS by 2019, 3169)

STEWART INDIAN SCHOOL CULTURAL CENTER AND MUSEUM

      NRS 233A.300  Designation of Stewart Indian School.  The buildings and grounds of the former Stewart Indian School that are designated by the Commission are under the management of the Museum Director for the purpose of establishing and maintaining the Stewart Indian School Cultural Center and Museum.

      (Added to NRS by 2019, 3170)

      NRS 233A.310  Museum Director: Classification and powers.  The Museum Director appointed pursuant to NRS 233A.065:

      1.  Is in the classified service of the State.

      2.  Shall exercise such powers and carry out such duties pursuant to NRS 233A.320 and as are assigned to the Museum Director by the Executive Director pursuant to NRS 233A.065.

      (Added to NRS by 2019, 3170)

      NRS 233A.320  Museum Director: Duties.  The Museum Director shall:

      1.  Prepare and present exhibits in the Museum.

      2.  In cooperation with other state agencies and departments, provide for the security of the Museum.

      3.  Supervise the staff of the Museum.

      4.  Adopt guidelines and plans as determined necessary for the operation of the Museum.

      (Added to NRS by 2019, 3171)

      NRS 233A.330  Establishment of stores for sale of gifts and souvenirs.  The Museum Director may establish one or more stores for the sale of gifts and souvenirs, including, without limitation, publications, books, postcards, artwork and other related materials that, in the judgment of the Museum Director, are appropriately connected with the mission of the Museum pursuant to this chapter.

      (Added to NRS by 2019, 3171)

      NRS 233A.340  Petty cash account; change account.  The Museum Director may establish:

      1.  A petty cash account for the Museum in an amount not to exceed $500. Reimbursement of the money in the petty cash account must be made from appropriated money paid out on claims as other claims against the State are paid.

      2.  A change account for the Museum stores for the sale of gifts and souvenirs in an amount not to exceed $1,500.

      (Added to NRS by 2019, 3171)