Becerra v. San Carlos Apache Tribe, 602 U.S. ___ (2024)
The case involves the Indian Self-Determination and Education Assistance Act (ISDA), which allows an Indian tribe to enter into a "self-determination contract" with the Indian Health Service (IHS) to administer healthcare programs that IHS would otherwise operate for the tribe. The San Carlos Apache Tribe and the Northern Arapaho Tribe sued the Government for breach of contract, arguing that although they used the Secretarial amount and program income to operate the healthcare programs they assumed from IHS under their self-determination contracts, IHS failed to pay the contract support costs they incurred by providing healthcare services using program income. The Ninth and Tenth Circuits concluded that each Tribe was entitled to reimbursement for such costs.
The Supreme Court of the United States affirmed the decisions of the Ninth and Tenth Circuits. The Court held that ISDA requires IHS to pay the contract support costs that a tribe incurs when it collects and spends program income to further the functions, services, activities, and programs transferred to it from IHS in a self-determination contract. The Court reasoned that the Tribe's self-determination contract incorporated ISDA, which required the Tribe to spend third-party program income on healthcare. Those portions of the Tribe’s healthcare programs funded by third-party income thus constituted “activities which must be carried on by [the Tribe] as a contractor to ensure compliance with the terms of the contract,” and the contract support costs associated with those activities were incurred “in connection with the operation of the Federal program.” The Court concluded that the text of ISDA, therefore, indicated that IHS was required to reimburse the Tribe for those costs.
Because a self-determination contract requires a Native American tribe to spend program income to further the programs transferred to it in the contract, these provisions require IHS to pay contract support costs when a tribe does so.
SUPREME COURT OF THE UNITED STATES
Syllabus
BECERRA, SECRETARY OF HEALTH AND HUMAN SERVICES, et al. v. SAN CARLOS APACHE TRIBE
certiorari to the united states court of appeals for the ninth circuit
No. 23–250. Argued March 25, 2024—Decided June 6, 2024[1]
The Indian Self-Determination and Education Assistance Act, 25 U. S. C. §5301 et seq., enables an Indian tribe to enter into a “self-determination contract” with the Indian Health Service to assume responsibility for administering the healthcare programs that IHS would otherwise operate for the tribe. §5321(a)(1). When IHS administers such programs itself, it funds its operations through congressional appropriations and third-party insurance payments. Healthcare programs administered by a tribe under a self-determination contract have a parallel funding structure. First, IHS must provide to the tribe the Secretarial amount, which “shall not be less” than the congressionally appropriated amount that IHS would have used to operate such programs absent the self-determination contract. §5325(a)(1). Second, like IHS when it runs the healthcare programs, a contracting tribe can collect revenue from third-party payers like Medicare, Medicaid, and private insurers. See 42 U. S. C. §§1395qq(a), 1396j(a); 25 U. S. C. §1621e(a). These third-party funds are called “program income” and must be used by the tribe “to further the general purposes of the contract” with IHS. §5325(m)(1).
The Secretarial amount and program income, however, do not place a contracting tribe on equal footing with IHS. That is because the tribe must incur certain overhead and administrative expenses that IHS does not incur when it runs the healthcare programs. To remedy this funding shortfall, Congress amended ISDA to require IHS to pay the tribe “contract support costs” to cover such “reasonable costs for activities which must be carried on by a [tribe] as a contractor to ensure compliance with the terms of the [self-determination] contract.” §5325(a)(2). Contract support costs eligible for repayment include “direct program expenses for the operation of the Federal program” and “any additional administrative or . . . overhead expense incurred by the [tribe] in connection with the operation of the Federal program, function, service, or activity pursuant to the contract.” §5325(a)(3)(A). Such costs are limited, however, to those “directly attributable to” self-determination contracts. §5326. And no funds are available for “costs associated with any contract . . . entered into between [a tribe] and any entity other than [IHS].” Ibid.
These cases involve self-determination contracts between IHS and two tribes—the San Carlos Apache Tribe and the Northern Arapaho Tribe. Both Tribes sued the Government for breach of contract, contending that although they used the Secretarial amount and program income to operate the healthcare programs they assumed from IHS under their self-determination contracts, IHS failed to pay the contract support costs they incurred by providing healthcare services using program income. The Ninth and Tenth Circuits concluded that each Tribe was entitled to reimbursement for such costs.
Held: ISDA requires IHS to pay the contract support costs that a tribe incurs when it collects and spends program income to further the functions, services, activities, and programs transferred to it from IHS in a self-determination contract. Pp. 8–18.
(a) Sections 5325(a)(2) and (a)(3)(A) peg contract support costs to the requirements of a self-determination contract. Section 5325(a)(2) defines contract support costs as “the reasonable costs for activities which must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract.” If a tribe therefore must collect and spend program income to ensure compliance with its contract, then the reasonable administrative and overhead costs it incurs in doing so are “contract support costs.”
Each self-determination contract entered into under ISDA incorporates Section 5325(m)(1), which requires a contracting tribe to use “program income earned . . . in the course of carrying out a self-determination contract” to “further the general purposes of the contract.” See §§5329(a)(1), (c). The purposes of the contract are the “functions, services, activities, and programs” transferred from IHS to the tribe in its contract. See §5329(c) (requiring a “purpose” clause listing the “functions, services, activities, and programs” to be transferred from IHS to the tribe). When the tribe uses program income to further the functions, services, activities, and programs it assumed from IHS and incurs reasonable costs for required support services, those costs are “contract support costs” under Section 5325(a)(2).
Those costs are also “eligible costs for the purposes of receiving funding” under Section 5325(a)(3)(A), which specifies that both direct and indirect contract support costs may be reimbursed. Direct contract support costs are “direct program expenses for the operation of the Federal program that is the subject of the contract.” §5325(a)(3)(A)(i). When a tribe spends program income to further the functions, services, activities, and programs that it agrees to administer in IHS’s stead under its self-determination contract and incurs direct contract support costs, those costs are incurred “for the operation of the Federal program that is the subject of the contract” and are thus eligible for reimbursement. Indirect contract support costs are “any additional administrative or other expense incurred by [a tribe] in connection with the operation of the Federal program, function, service, or activity pursuant to the contract.” §5325(a)(3)(A)(ii). When a tribe spends program income to further the functions, services, activities, and programs that it assumes from IHS and incurs indirect contract support costs, those costs are incurred “in connection with the operation of the Federal program, function, service, or activity pursuant to the contract” and are thus eligible for reimbursement.
The self-determination contracts of the Tribes require them to collect program income. Once the Tribes collect such income, they are contractually required to use it. The Tribes aver that they have collected and spent program income as required by their contracts to carry out the operations IHS transferred to them. The reasonable direct and indirect contract support costs they incurred as a result are eligible for repayment under Section 5325(a) because they were incurred to “ensure compliance with the terms of the contract,” §5325(a)(2), and “for the operation of” and “in connection with the operation of” the “Federal program” they assumed from IHS, §5325(a)(3)(A). Pp. 8–12.
(b) The limitations in Section 5326 do not preclude payment of costs incurred by the required spending of program income under a self-determination contract. When a tribe spends program income to further the healthcare programs it assumes from IHS and incurs contract support costs, the costs it incurs are “directly attributable” to the self-determination contract. And such costs are not “associated with” any contract between the tribe and a third party. They are instead “associated with” the contract that requires the work that generates the support costs—the self-determination contract. The history of Section 5326 confirms this analysis. Pp. 12–14.
(c) The Government’s arguments to the contrary find no support in ISDA’s text. Pp. 14–16.
(1) Contrary to the Government’s assertion, nothing in Section 5325(a)(2) suggests that contract support costs are limited to programs funded by the Secretarial amount. In fact, Section 5325(a)(2) defines contract support costs as tied to “the terms of the contract,” which require tribes to fund programs with program income. Nor does the Government cite any statutory text to support its assertion that the contract support costs of spending program income are ineligible for repayment under Section 5325(a)(3)(A) because the “Federal program” comprises only the Secretarial amount. That provision refers to eligible costs for the operation of the “Federal program” without limiting that program to the Secretarial amount. Pp. 14–15.
(2) The Government also argues that tribes should not get contract support costs for spending program income because that would give them flexibility to spend such income on a broader range of activities than IHS can. But the differences cited by the Government do not withstand scrutiny. First, the difference between IHS’s and a tribe’s ability to offer healthcare services to non-Indians is irrelevant because both must make the same determination before either can offer such services: Whether such services will result in a denial or diminution of services to eligible Indians. §§1680c(c)(1)(B), (c)(2). Next, although IHS must “first” use Medicare and Medicaid proceeds to ensure compliance with those programs, a tribe must also use such proceeds to ensure compliance with those programs. §§1641(c)(1)(B), (d)(2)(A). Finally, although tribes might have greater ability to expand their operations because they, unlike IHS, are not prohibited from using Medicare and Medicaid proceeds to construct new facilities, to the extent that a tribe expands its programs beyond the “Federal program,” IHS would not have to pay contract support costs for the tribe’s new programs. Pp. 15–16.
(d) A contrary reading of the statute would impose a penalty on tribes for opting in favor of greater self-determination. Contract support costs are necessary to prevent a funding gap between tribes and IHS. If IHS does not cover those costs to support a tribe’s expenditure of program income, the tribe would have to divert some program income to pay such costs, or it would have to pay them out of its own pocket. Either way, it would face a penalty for pursuing self-determination, contrary to the policy underlying ISDA. Pp. 17–18.
No. 23–250, 53 F. 4th 1236; and No. 23–253, 61 F. 4th 810, affirmed.
Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, Alito, and Barrett, JJ., joined.
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, Alito, and Barrett, JJ., joined. VIDED. |
Argued. For petitioners: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 23-253: Adam G. Unikowsky, Washington, D. C. For respondent in 23-250: Lloyd B. Miller, Washington, D. C. VIDED. |
Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed) |
Reply of Xavier Becerra, Secretary of Health and Human Services, et al. submitted. |
Amicus brief of NATIONAL CONGRESS OF AMERICAN INDIANS AND VARIOUS TRIBES AND TRIBAL ORGANIZATIONS submitted. |
Amicus brief of NATIONAL CONGRESS OF AMERICAN INDIANS AND VARIOUS TRIBES AND TRIBAL ORGANIZATIONS submitted. |
Motion for divided argument filed by respondents GRANTED. VIDED. |
Amicus brief of NAFOA submitted. |
Brief amici curiae of Legal Scholars filed. VIDED. (Distributed) |
Brief amicus curiae of NAFOA filed. VIDED. (Distributed) |
Amicus brief of Coalition of Large Tribes submitted. |
Amicus brief of NATIONAL CONGRESS OF AMERICAN INDIANS AND VARIOUS TRIBES AND TRIBAL ORGANIZATIONS submitted. |
Brief amicus curiae of NAFOA filed. (Distributed) |
Amicus brief of NATIONAL CONGRESS OF AMERICAN INDIANS AND VARIOUS TRIBES AND TRIBAL ORGANIZATIONS submitted. |
Brief amici curiae of Coalition of Large Tribes, et al. filed. VIDED. (Distributed) |
Amicus brief of National Congress of American Indians, et al. not accepted for filing. (February 29, 2024 - to be corrected.) |
Amici brief of National Congress of American Indians, et al. not accepted for filing. (February 29, 2024 - to be corrected.) |
Amici brief of National Congress of American Indians and Various Tribes and Tribunal Organizations not accepted for filing. (Feb. 28, 2024--to be corrected.) |
Brief amici curiae of National Congress of American Indians filed. (Corrected version--March 1, 2024.) VIDED. (Distributed) |
Brief amici curiae of National Congress of American Indians, et al. filed (corrected brief). VIDED. (Distributed) |
Brief amici curiae of National Congress of American Indiansf filed.(Corrected version submitted Mar. 1, 2024)) VIDED. (Distributed) |
Brief amici curiae of Legal Scholars filed. (Distributed) |
Amicus brief of Legal Scholars submitted. |
Brief amici curiae of National Indian Health Board, et al. filed. (Distributed) |
Amicus brief of National Indian Health Board submitted. |
Brief amici curiae of National Indian Health Board, et al. filed. VIDED. (Corrected brief - February 29, 2024). (Distributed). |
Amicus brief of National Indian Health Board submitted. |
Brief amici curiae of National Indian Health Board, et al. filed. VIDED. (Corrected brief - 2/29/24). (Distributed). |
Amicus brief of National Indian Health Board not accepted for filing. (Distributed). (February 28, 2024 - to be corrected.) |
CIRCULATED |
Brief of Northern Arapaho Tribe submitted. |
Brief of San Carlos Apache Tribe submitted. |
Motion of San Carlos Apache Tribe for divided argument submitted. |
Brief of respondent San Carlos Apache Tribe filed. (as to 23-250) (Distributed) |
Motion for divided argument filed by respondents. VIDED. |
Brief of respondent Northern Arapaho Tribe filed. (as to 23-250) (Distributed) |
Brief of respondent Northern Arapaho Tribe (as to 23-253) filed. (Distributed) |
Brief of respondent San Carlos Apache Tribe (as to 23-250) filed. (Distributed) |
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
Record requested from the United States Court of Appeals for the Ninth Circuit. |
SET FOR ARGUMENT on Monday, March 25, 2024. VIDED. |
Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including February 12, 2024. VIDED. |
Motion for an extension of time to file respondents' briefs on the merits filed. VIDED. |
Motion of San Carlos Apache Tribe for an extension of time submitted. |
Joint Appendix submitted. |
Brief of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. |
Joint appendix filed. VIDED. |
Brief of Xavier Becerra, Secretary of Health and Human Services, et al. submitted. |
Joint appendix filed. VIDED. (Statement of cost filed.) |
Petition GRANTED. The petition for a writ of certiorari in No. 23-253 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. |
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-250. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-250. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
DISTRIBUTED for Conference of 11/17/2023. |
Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. (Distributed) |
DISTRIBUTED for Conference of 11/9/2023. |
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners. |
Response to petition from respondent San Carlos Apache Tribe filed. |
Petition for a writ of certiorari filed. (Response due October 16, 2023) |
Application (23A103) granted by Justice Kagan extending the time to file until September 13, 2023. |
Application (23A103) to extend the time to file a petition for a writ of certiorari from August 14, 2023 to September 13, 2023, submitted to Justice Kagan. |