UNFUNDED MANDATES REFORM ACT, 1995

What exactly is a mandate?
- An authority to carry out a policy or course of action
- Federal governments issue orders to smaller governments (state, local, tribal, etc.)

FACTS OF THE UMRA

• Found in 2 US Code S 1501
• Purpose of the UMRA to avoid imposing unfunded
• mandates on state, local or tribal governments
• Put into effect because federal mandates can
• uniquely affect smaller governments

FACTS OF THE UMRA

• Before establishing regulations that might affect smaller
• governments, federal agencies required to publish
• notice with economic assessment describing macro effects
• & address SLTG concerns/consider alternatives
• Must consult with elected SLTG (state/local/tribal gov)

WHAT THE UMRA DOES

• Requires federal agencies to consider the economic
• impact of imposing unfunded mandates on SLTG
• and create solution in order to enact regulations
• Assists Congress to make informed decisions about
• legislation/federal program funding

WHAT THE UMRA DOES

• Helps the SLTG (state, local, tribal gov'ts) by
• bringing attention to current economic status
• to avoid financial conflict with federal policy

CONSTITUTIONAL JUSTIFICATION

• Creates fairness for smaller governments by allowing
• SLTG priorities come before certain new fed mandates
• Ex. California's drought urgency over new policy
• Creates balance of powers :-)

HOW UMRA REFLECTS FEDERALISM

• Strives to strengthen partnership between federal
• government & state/local/tribal governments
• Congress & Federal agencies have big authority in proposal
• and action of these mandates to states, etc.
• SLTG expected to follow through w/ Federal if solution found

UMRA AND FEDERALISM

• Strong national government issues orders
• to smaller governments; unfunded mandates
• have opportunity to be declined based on agency/
• Congressional/state economic analysis
• Vertical separation of powers, concurrent powers