What the Supreme Court Ruling in Becerra v. San Carlos Apache Tribe Means for Tribal Nations

What the Supreme Court Ruling in Becerra v. San Carlos Apache Tribe Means for Tribal Nations

June 20, 2024

Insight in Indian Country Podcast

Trusted Expertise to Serve Tribal Nations

Becerra v. San Carlos Apache Tribe is a landmark Supreme Court case centered around the Indian Self-Determination and Education Assistance Act (ISDEAA), which enables Tribes to enter into contracts with the Federal Government to operate their own health programs. The court’s recent decision in favor of the San Carlos Apache Tribe affirmed the government’s obligation to fully fund these contracts, including paying contract support costs. To dive deeper into the case and its impact for Indian Country, host and REDW National Tribal Practice Leader Wesley Benally welcomes Kevin Cronk, CPA, and Lloyd B. Miller of Sonosky, Chambers, Sachse, Miller & Monkman, LLP to the podcast.

Chapters

  • 00:00 – Introduction to the Becerra v. San Carlos Apache Tribe Ruling
  • 04:14 – The Importance of Contract Support Costs for Tribal Self-Determination
  • 06:33 – Documentation Challenges and Tips for Making Successful Claims
  • 15:03 – Expanding Programs and Negotiating Better Terms with Federal Agencies

Takeaways

  • The recent Supreme Court ruling in Becerra v. San Carlos Apache Tribe is a significant win for tribal sovereignty and self-determination.
  • Contract support costs are crucial for Tribes operating health programs under self-determination, as they cover the overhead expenses of running the program.
  • Tribes should gather the necessary documentation, such as indirect cost agreements, proposals, and amendments, to support their claims for contract support costs.
  • The ruling provides an opportunity for Tribes to negotiate better terms with federal agencies and expand their programs to better serve their communities.
  • Tribes should consult with legal counsel to ensure their claims are properly prepared and comply with the requirements of the Contract Disputes Act.

At REDW, we’re proud to serve Tribes as they recoup healthcare contract support costs (CSC) as a result of this landmark Supreme Court decision.

Contact our National Tribal Practice leadership team, Wesley Benally or Victor Flores, to start a conversation or ask a question.

Meet Your Host

Wesley Benally

Wesley Ryan Benally, CPA

REDW Principal and National Tribal Practice Leader

As the leader of REDW’s National Tribal Practice, Wes is committed to improving financial literacy throughout Indian Country and hosts the Insight in Indian Country Podcast. He oversees audits of a wide range for Native American communities, state and local government agencies, and non-profits nationwide, is a member of the Arizona State Board of Accountancy’s Peer Review Oversight Advisory Committee, and serves as an instructor with Arizona State University’s American Indian Policy Institute. In addition, as a Board member for a tribal gaming entity that operates in two states, Wes keeps up with regulatory issues important to tribal gaming operations. Wes is an enrolled member of the Navajo Nation.


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