Nevada v. Hicks, 533 U.S. 353, 41 (2001)

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Cite as: 533 U. S. 353 (2001)

Opinion of O'Connor, J.

tana Court intended the first exception to mean in future cases. See ante, at 372.

State governments may enter into consensual relationships with tribes, such as contracts for services or shared authority over public resources. Depending upon the nature of the agreement, such relationships could provide official consent to tribal regulatory jurisdiction. Some States have formally sanctioned the creation of state-tribal agreements. See, e. g., Mont. Code Ann. § 18-11-101 et seq. (1997) (State-Tribal Cooperative Agreements Act); Neb. Rev. Stat. § 13-1502 et seq. (1997) (State-Tribal Cooperative Agreements Act); Okla. Stat., Tit. 74, § 1221 (Supp. 2001) (authorizing Governor to enter into cooperative agreements on behalf of the State to address issues of mutual interest). In addition, there are a host of cooperative agreements between tribes and state authorities to share control over tribal lands, to manage public services, and to provide law enforcement. See, e. g., Cal. Health & Safety Code Ann. § 25198.1 et seq. (West 1992 and Supp. 2001) (cooperative agreements for hazardous waste management); Cal. Pub. Res. Code Ann. § 44201 et seq. (West 1996) (cooperative agreements for solid waste management); Minn. Stat. § 626.90 et seq. (Supp. 2001) (authorizing cooperative agreements between state law enforcement and tribal peace officers); Nev. Rev. Stat. § 277.058 (Supp. 1999) (cooperative agreements concerning sites of archeological or historical significance); N. M. Stat. Ann. § 9-11-12.1 (Supp. 2000) (cooperative agreements for tax administration); Ore. Rev. Stat. § 25.075 (1999) (cooperative agreements concerning child support and paternity matters); Wash. Rev. Code § 26.25.010 et seq. (1999) (cooperative agreements for child welfare); § 79.60.010 (cooperative agreements among federal, state, and tribal governments for timber and forest management).

Whether a consensual relationship between the Tribes and the State existed in this case is debatable, compare Brief for Petitioners 36-38 with Brief for Respondents Tribal Court

393

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