(2) enable officials of affected small governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates; and (3) inform, educate, and advise small governments on compliance with the requirements. Section 203 of UMRA, above, applies to all regulatory requirements that might significantly or uniquely affect small governments. Establishing a new policy of requiring interim audit updates concerning gross gaming revenues and requiring expenditures of CPA time when applied to Tribal Governments triggers the requirements of UMRA. Under the Unfunded Mandates Reform Act, NIGC must consider the additional costs of its unfunded mandate to establish a new regulatory policy that requires Tribal Government to supplement the annual audits that have already been provided to NIGC under existing regulatory requirements and must consult with Tribal Governments concerning the imposition of this unfunded mandate. For these reasons, the Tribe calls upon the NIGC to withdraw the August 14, 2020 Dear Tribal Leader Letter and to begin a process of consultation if the NIGC is determined to attempt to increase the amount of assessable gross gaming revenue by including the value of free play— a regulatory change that tribal governments will oppose as contrary to law. If this is not the NIGC’s intent, we would appreciate the withdrawal of the existing data collection effort and the issuance of a more transparent explanation of the need for this data collection and assurance that it is not the NIGC’s intent to increase GGR by including the value of free play. Please respond to this letter by September 18, 2020 to give us time to understand the background and rationale for proposed budget increases during the National Pandemic and Economic Crisis, and to understand NIGC’s apparent policy change on the definition of gross gaming revenues and free play. Sincerely, CC: Congressional Delegation Director, Office of Information and Regulatory Affairs, OMB (Paperwork Reduction Act Violation) Director, Congressional Budget Office (Unfunded Mandates Reform Act Violation) White House Council on Native American Affairs (Executive Order No. 13175)
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