NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
| SPONSOR: | Tsosie | DATE TYPED: | 01/27/99 | HB | |||
| SHORT TITLE: | JPA "Public Agency" Defined | SB | 98 | ||||
| ANALYST: | L. Kehoe | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| NFI | NFI | NFI | NFI | N/A | N/A |
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
Office of Indian Affairs
SUMMARY
Synopsis of Bill
Senate Bill 98 amends the Joint Powers Agreement Act to recognize subdivisions of tribal government as a "public agency."
Significant Issues
The enactment of Senate Bill 98, amending the Joint Powers Agreement Act to include tribal governments as public agencies, would allow the state and its subdivisions to enter into joint power agreements with tribal government subdivisions that have the necessary tribal law authority to enter into such agreements.
The Navajo Nation Council operates under its own Local Governance Act. The Act allows local governmental entities (Navajo Nation chapter houses) to seek and secure funding for projects within the respective communities. However, according to the Office of Indian Affairs, local governmental entities of the Navajo Nation presently have to rely on its central government, the Navajo Nation located in Window Rock, Arizona, for the overall administration of appropriations and programs. Tribal governmental entities view the process as a burdensome bureaucratic process and feel that the ability to enter into joint power agreements with the state will relieve the administrative complications.
CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP
House Bill 207 authorizes public agencies to enter into joint powers agreements with Indian nations, tribes or pueblos to coordinate and facilitate joint provisions of governmental service. This bill further allows the courts to enter into joint powers agreements with Indian nations, tribes or pueblos to coordinate and facilitate joint provisions of governmental service.
POSSIBLE QUESTIONS
1. How many chapters of the Navajo Nation are certified to operate under the Local Governance Act?
2. Without support from the Navajo Nation administration, do chapter houses have the administrative and technical support required for construction projects, such as architects, planners and engineers, and other personnel?
3. Will the chapter houses be able to afford liability and be fiscally responsible and accountable for funds it receives from the state or other sources?
LK/sb