• NIGC Violation of Paperwork Reduction Act: Tribal Governments are protected from unnecessary data collection under the Paperwork Reduction Act: the purpose of the act, inter alia, is to “strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government.” Since Indian tribes have already submitted audit information, the NIGC is violating the Paperwork Reduction Act by requesting another submission of information by Tribal Governments on the same subject. The NIGC is attempting to mandate the collection of the additional audit information in another format, and the NIGC should have sought clearance from OMB for the information gathering prior to sending the mandate. Also, the NIGC should have sought comments from Tribal Governments prior to sending this information gathering notice on gross gaming revenue information gathering mandate to tribal governments. In carrying out its operations, NIGC must work to “ensure that information technology is acquired, used, and managed to improve performance of agency missions, including the reduction of information collection burdens on the public.” 44 U.S.C. sec. 3501 et seq. Under the Paperwork Production Act, the Agency shall not collect information unless it has conducted the necessary review, collected public comments, submitted the required agency certification to the Director of the Office of Information and Regulatory Affairs at OMB, and published a notice in the Federal Register setting forth its compliance with the Act. 44 U.S.C. sec. 3507. Accordingly, the NIGC should withdraw its request for additional information collection concerning prior Tribal Government Indian Gaming audits, and follow the Act’s requisites for collection of information. In these circumstances, no penalty may be assessed for failure to comply with the NIGC’s unauthorized information collection. 44 U.S.C. sec. 3512. • NIGC Violation of Unfunded Mandates Reform Act: The Unfunded Mandates Reform Act (UMRA) was enacted to avoid imposing unfunded federal mandates on state, local, and tribal governments, or the private sector. 2 U.S.C. sec. 1501 et seq. (1995): “to end the imposition, in the absence of full consideration by Congress, of Federal mandates on State, local, and tribal governments without adequate Federal funding, in a manner that may displace other essential State, local, and tribal governmental priorities.” 2 U.S.C. sec 1501(2) Title 2 U.S.C. sec. 1533 provides: §1533. Small government agency plan (a) Effects on small governments Before establishing any regulatory requirements that might significantly or uniquely affect small governments, agencies shall have developed a plan under which the agency shal ( l 1 - ) provide notice of the requirements to potentially affected small governments, if any;
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