author: Justice Blackmun Justice Rehnquist,

text:
    THREE AFFILIATED TRIBES OF THE FORT BERTHOLD RESERVATION v. WOLD ENGINEERING, P. C., et al.
    No. 82-629.
    Argued November 29, 1983
    Decided May 29, 1984

      Raymond Cross argued the cause for petitioner. With him on the briefs was John 0. Holm.

      Deputy Solicitor General Claiborne argued the cause for the United States as amicus curiae in support of petitioner. With him on the brief were Solicitor General Lee, Acting Assistant Attorney General Habicht, and Edwin S. Kneedler.

      Hugh McCutcheon argued the cause for respondents and filed a brief for respondent Wold Engineering, P. C.

      Briefs of amici curiae urging reversal were filed for the Standing Rock Sioux Tribe et al. by Reid Peyton Chambers; and for the Turtle Mountain Band of Chippewa Indians by Kim Jerome Gottschalk and Richard B. Collins.

   Justice Blackmun

delivered the opinion of the Court.

This litigation presents issues of state-court civil jurisdiction over a claim asserted by an Indian tribe. The case, as it comes to us, is somewhat unusual in a central respect: the Tribe seeks, rather than contests, state-court jurisdiction, and the non-Indian party is in opposition. Cf. Williams v. Lee, 358 U. S. 217 (1959).

Chapter 27-19 of the North Dakota Century Code (1974) is entitled “Indian Civil Jurisdiction.” Section 27-19-01 of that

Code provides that the jurisdiction of North Dakota courts shall extend “over all civil causes of action which arise on an Indian reservation upon acceptance by Indian citizens.” In this case, the Supreme Court of North Dakota interpreted Chapter 27-19 to disclaim state-court jurisdiction over a claim (against a non-Indian) by an Indian Tribe that had not accepted jurisdiction under the statute. The court determined that the North Dakota Legislature had disclaimed jurisdiction pursuant to the principal federal statute governing state jurisdiction over Indian country, namely, the Act of Aug. 15, 1953, 67 Stat. 588, as amended, 28 U. S. C. § 1360, commonly known as Pub. L. 280. The court further concluded that the jurisdictional disclaimer, inasmuch as it was authorized by Pub. L. 280, did not run afoul of the North Dakota or Federal Constitutions. Because the North Dakota Supreme Court’s interpretation of Chapter 27-19 and its accompanying constitutional analysis appear to us to rest on a possible misunderstanding of Pub. L. 280, we vacate the court’s judgment and remand the case to allow reconsideration of the jurisdictional questions in the light of what we feel is the proper meaning of the federal statute.

A. Petitioner Three Affiliated Tribes of the Fort Berthold Reservation is a federally recognized Indian Tribe with its reservation in northwestern North Dakota. Act of Mar. 3, 1891, ch. 543, §23, 26 Stat. 1032. See City of New Town v. United States, 454 F. 2d 121 (CA8 1972). In 1974, petitioner employed respondent Wold Engineering, P. C. (hereafter respondent), a North Dakota corporation, to design and build the Four Bears Water System Project, a water-supply system located wholly within the reservation. The project was completed in 1977 but it did not perform to petitioner’s satisfaction.

In 1980, petitioner sued respondent in a North Dakota state court for negligence and breach of contract. At the time the suit was filed, petitioner’s tribal court did not have jurisdiction over a claim by an Indian against a non-Indian in the absence of an agreement by the parties. Tribal Code, ch. II, § 1(a). The subject matter of petitioner’s complaint, however, clearly fell within the scope of the state trial court’s general jurisdiction. See N. D. Const., Art. VI, §8; N. D. Cent. Code § 27-05-06 (1974 and Supp. 1983). After counterclaiming for petitioner’s alleged failure to complete its payments on the water-supply system, respondent moved to dismiss petitioner’s complaint on the ground that the trial court lacked subject-matter jurisdiction over any claim arising in Indian country.

B. At this point, in order to place respondent’s jurisdictional argument in perspective, it is desirable to review the somewhat erratic course of federal and state law governing North Dakota’s jurisdiction over the State’s Indian reservations. Long before North Dakota became a State, this Court had recognized the general principle that Indian territories were beyond the legislative and judicial jurisdiction of state governments. Worcester v. Georgia, 6 Pet. 515 (1832); see generally Williams v. Lee, 358 U. S., at 218-222. That principle was reflected in the federal statute that granted statehood to North Dakota. Like many other other States in the Midwest and West, North Dakota was required to “disclaim all right and title ... to all lands lying within [the State] owned or held by any Indian or Indian tribes” as a condition for admission to the Union. Enabling Act of Feb. 22, 1889, § 4, cl. 2, 25 Stat. 677. The Act further provided that all such Indian land shall “remain subject to the disposition of the United States, and . . . shall remain under the absolute jurisdiction and control of the Congress of the United States.” Ibid. North Dakota’s original Constitution contained, in identical terms, the required jurisdictional disclaimers. See N. D. Const., Art. XVI, §203, cl. 2 (1889).

Federal restrictions on North Dakota’s jurisdiction over Indian country, however, were substantially eliminated in 1953 with the enactment of the aforementioned Pub. L. 280. See generally Washington v. Yakima Indian Nation, 439 U. S. 463, 471-474 (1979). Sections 2 and 4 of Pub. L. 280 gave five States full jurisdiction, with a stated minor exception as to each of two States, over civil and criminal actions involving Indians and arising in Indian country. 67 Stat. 588-589, codified, as amended, at 18 U. S. C. § 1162 and 28 U. S. C. §1360, respectively. Sections 6 and 7 gave all other States the option of assuming similar jurisdiction. Section 6 authorized States whose constitutions and statutes contained federally imposed jurisdictional restraints, like North Dakota’s, to amend their laws to assume jurisdiction. 67 Stat. 590, codified, as amended, at 25 U. S. C. §1324. Section 7 provided similar federal consent to any other State not having civil and criminal jurisdiction, but required such States to assume jurisdiction through “affirmative legislative action.” 67 Stat. 590. As originally enacted, Pub. L. 280 did not require States to obtain the consent of affected Indian tribes before assuming jurisdiction over them. Title IV of the Civil Rights Act of 1968 amended Pub. L. 280, however, to require that all subsequent assertions of jurisdiction be preceded by tribal consent. Pub. L. 90-284, §§401, 402, 406, 82 Stat. 78-80, codified at 25 U. S. C. §§ 1321, 1322, 1326.

Even before North Dakota moved to amend its Constitution and assume full jurisdiction under Pub. L. 280, the North Dakota Supreme Court had taken an expansive view of the scope of state-court jurisdiction over Indians in Indian country. In 1957, the court held that the existing jurisdictional disclaimers in the Enabling Act and the State’s Constitution foreclosed civil jurisdiction over Indian country only in cases involving interests in Indian lands themselves. Vermill thorize its legislature to “provid[e] for the acceptance of such jurisdiction [over Indian country] as may be delegated to the State by Act of Congress.” N. D. Const., Art. XIII, §1, cl. 2. Finally, in 1963, the North Dakota Legislature enacted Chapter 27-19, the principal section of which provides:

“In accordance with the provisions of Public Law 280 . . . and [the amended] North Dakota constitution, jurisdiction of the state of North Dakota shall be extended over all civil causes of action which arise on an Indian reservation upon acceptance by Indian citizens in a manner provided by this chapter. Upon acceptance the jurisdiction of the state shall be to the same extent that the state has jurisdiction over other civil causes of action, and those civil laws of this state that are of general application to private property shall have the same force and effect within such Indian reservation or Indian country as they have elsewhere within this state.” N. D. Cent. Code §27-19-01 (1974).

On their face, both the 1958 amendment to the North Dakota Constitution and Chapter 27-19 appear to expand preexisting state jurisdiction over Indian country rather than to contract it. In In re Whiteshield, 124 N. W. 2d 694 (1963), however, the North Dakota Supreme Court reached the conclusion that Chapter 27-19 actually disclaimed all jurisdiction over claims arising in Indian country absent Indian consent. In subsequent decisions, that court adhered to its general view that without Indian consent “the State has no jurisdiction over any civil cause arising on an Indian reservation in this State.” White Eagle v. Dorgan, 209 N. W. 2d 621, 623 (1973). In each case in which the North Dakota Supreme Court declined to recognize jurisdiction, however, the defendant was an Indian; the court never had held squarely that an Indian could not maintain an action against a non-Indian in state court for a claim arising in Indian country.

C. Respondent’s motion to dismiss rested on the restrictive jurisdictional principles of Whiteshield and its successors. Because the petitioner Tribe at no point has consented to state-court jurisdiction under Chapter 27-19 over the Fort Berthold Reservation, respondent argued that the trial court lacked jurisdiction over petitioner’s claim under Chapter 27-19 and the amended provisions of Pub. L. 280. Petitioner opposed respondent’s motion to dismiss on the ground, inter alia, that the tribal consent requirements of the Civil Rights Act of 1968 were not meant to apply to a suit brought by a tribal government like petitioner. The trial court rejected petitioner’s arguments and granted the motion to dismiss the suit for lack of jurisdiction, but did so without prejudice to a renewal of the action following compliance with the state and federal consent requirements. App. to Pet. for Cert. la.

On appeal, the North Dakota Supreme Court affirmed. 321 N. W. 2d 510 (1982). Petitioner argued that the jurisdiction recognized in Vermillion had not been extinguished altogether and that the North Dakota courts possessed “residuary jurisdiction” over a claim by an Indian against a non-Indian following the enactment of Pub. L. 280 and the Civil Rights Act of 1968. The court rejected this argument, adhering instead to its conclusion in Nelson v. Dubois, 232 N. W. 2d 54 (1975), that any residuary jurisdiction was preempted by the tribal consent requirements contained in the Civil Rights Act of 1968. After reviewing the history of North Dakota’s jurisdiction over Indian country, the court reaffirmed its prior holdings, observing that “we have no jurisdiction over civil causes of action arising within the exterior boundaries of an Indian reservation, unless the Indian citizens of the reservation vote to accept jurisdiction.” 321 N. W. 2d, at 512.

The court also rejected petitioner’s argument that to prohibit an Indian plaintiff from suing a non-Indian in state court for a claim arising on an Indian reservation would violate the Equal Protection Clause of the Fourteenth Amendment and deny petitioner equal access to the courts, in violation of the North Dakota Constitution. The court relied on Washington v. Yakima Indian Nation, 439 U. S. 463 (1979), in which this Court rejected an equal protection challenge to a state jurisdictional statute that relied on tribal classifications. In Yakima Indian Nation the Court held that the unique legal status of Indian tribes under federal law permitted the Federal Government to single out tribal Indians in ways that otherwise might be unconstitutional, and that the state jurisdictional statute at issue there was insulated from strict scrutiny under the Equal Protection Clause because it was enacted under the authority of Pub. L. 280. 439 U. S., at 499-502. The North Dakota Supreme Court concluded: “Likewise, the people of North Dakota and the legislature were acting under explicit authority granted by Congress in the exercise of its federal power over Indians when our Constitution was amended and Chapter 27-19 . . . was enacted.” 321 N. W. 2d, at 513. As a result, any discrimination against Indian litigants did not violate the State or Federal Constitutions. Ibid.

Because of the complexity and importance of the issue posed by the North Dakota Supreme Court’s decision, we granted certiorari. 461 U. S. 904 (1983).

I-H H-1

Respondent does not dispute that petitioner s claim comes within the scope of the civil jurisdiction recognized by the North Dakota court in its Vermillion ruling in 1957. Respondent advances two arguments in support of the North Dakota Supreme Court’s conclusion that state-court jurisdiction no longer extends so far. The first is that federal law precludes the state courts from asserting jurisdiction over petitioner’s claim. The second is that, regardless of federal law, the North Dakota Supreme Court has held that the trial court lacked jurisdiction as a matter of state law. We address these arguments in turn.

A

Although this Court has departed from the rigid demarcation of state and tribal authority laid down in 1832 in Worcester v. Georgia, 6 Pet. 515, the assertion of state authority over tribal reservations remains subject to “two independent but related barriers.” White Mountain Apache Tribe v. Bracker, 448 U. S. 136, 142 (1980). First, a particular exercise of state authority may be foreclosed because it would undermine “ ‘the right of reservation Indians to make their own laws and be ruled by them.’” Ibid., quoting Williams v. Lee, 358 U. S., at 220. Second, state authority may be pre-empted by incompatible federal law. White Mountain, 448 U. S., at 142. Accord, New Mexico v. Mescalero Apache Tribe, 462 U. S. 324, 334, and n. 16 (1983); Ramah Navajo School Board, Inc. v. Bureau of Revenue, 458 U. S. 832, 837-838 (1982); McClanahan v. Arizona State Tax Comm’n, 411 U. S. 164, 179 (1973). We do not believe that either of these barriers precludes North Dakota courts from entertaining a civil action by an Indian tribe against a non-Indian for a claim arising on an Indian reservation.

Despite respondent’s arguments, we fail to see how the exercise of state-court jurisdiction in this case would interfere with the right of tribal Indians to govern themselves under their own laws. To be sure, the full breadth of state-court jurisdiction recognized in Vermillion cannot be squared with principles of tribal autonomy; to the extent that Vermillion permitted North Dakota state courts to exercise jurisdiction over claims by non-Indians against Indians or over claims between Indians, it intruded impermissibly on tribal self-governance. See Fisher v. District Court, 424 U. S. 382 (1976); Williams v. Lee, supra. This Court, however, repeatedly has approved the exercise of jurisdiction by state courts over claims by Indians against non-Indians, even when those claims arose in Indian country. See McClanahan v. Arizona State Tax Comm’n, 411 U. S., at 173 (dictum); Poafpybitty v. Skelly Oil Co., 390 U. S. 365 (1968); Williams v. Lee, 358 U. S., at 219 (dictum); United States v. Can-delaria, 271 U. S. 432, 444 (1926); Felix v. Patrick, 145 U. S. 317, 332 (1892); Fellows v. Blacksmith, 19 How. 366 (1857). The interests implicated in such cases are very different from those present in Williams v. Lee, where a non-Indian sued an Indian in state court for debts incurred in Indian country, or in Fisher v. District Court, where this Court held that a tribal court had exclusive jurisdiction over an adoption proceeding in which all parties were tribal Indians residing on a reservation. As a general matter, tribal self-government is not impeded when a State allows an Indian to enter its courts on equal terms with other persons to seek relief against a non-Indian concerning a claim arising in Indian country. The exercise of state jurisdiction is particularly compatible with tribal autonomy when, as here, the suit is brought by the tribe itself and the tribal court lacked jurisdiction over the claim at the time the suit was instituted.

Neither are we persuaded that the exercise of state jurisdiction here would be inconsistent with the federal and tribal interests reflected in North Dakota’s Enabling Act or in Pub. L. 280. As for the disclaimer provisions of the Enabling Act, the presence or absence of specific jurisdictional disclaimers rarely has had controlling significance in this Court’s past decisions about state jurisdiction over Indian affairs or activities on Indian lands. Arizona v. San Carlos Apache Tribe, 463 U. S. 545, 562 (1983); see F. Cohen, Handbook of Federal Indian Law 268 (1982 ed.). In this case, the sparse legislative record suggests only that the Enabling Act’s phrase “absolute [congressional] jurisdiction and control” was meant to foreclose state regulation and taxation of Indians and their lands, not that Indians were to be prohibited from entering state courts to pursue judicial remedies against non-Indians. See H. R. Rep. No. 1025, 50th Cong., 1st Sess., 8-9, 24 (1888). To the extent that the disclaimer language of the Enabling Act may be regarded as ambiguous, moreover, it is a settled principle of statutory construction that statutes passed for the benefit of dependent Indian tribes are to be liberally construed, with doubtful expressions being resolved in favor of the Indians. See, e. g., Bryan v. Itasca County, 426 U. S. 373, 392 (1976); Alaska Pacific Fisheries v. United States, 248 U. S. 78, 89 (1918). It would be contrary to this principle to resolve any ambiguity in the language of the Enabling Act in favor of a construction under which North Dakota could not provide a judicial forum for an Indian to obtain relief against a non-Indian.

We also cannot subscribe to the view that Pub. L. 280 either required North Dakota to disclaim the basic jurisdiction recognized in Vermillion or authorized it to do so. This Court previously has recognized that Pub. L. 280 was intended to facilitate rather than to impede the transfer of jurisdictional authority to the States. Washington v. Yakima Indian Nation, 439 U. S., at 490; see also Bryan v. Itasca County, 426 U. S., at 383-390. Nothing in the language or legislative history of Pub. L. 280 indicates that it was meant to divest States of pre-existing and otherwise lawfully assumed jurisdiction. Section 6 of the federal statute authorized a State whose enabling Act and constitution contained jurisdictional disclaimers “to remove any legal impediment to the assumption of civil and criminal jurisdiction” (emphasis added). 67 Stat. 590, codified, as amended, at 25 U. S. C. § 1324. Similarly, § 7 gave congressional consent to the assumption of jurisdiction by any other State “not having jurisdiction.” 67 Stat. 590. By their terms, therefore, both §6 and § 7 were designed to eliminate obstacles to the assumption of jurisdiction rather than to require pre-existing jurisdiction to be disclaimed. Although the Civil Rights Act of 1968 amended Pub. L. 280 by adding tribal consent requirements, those requirements were not made retroactive; the 1968 amendments therefore did not displace jurisdiction previously assumed under Pub. L. 280, much less jurisdiction assumed prior to and apart from Pub. L. 280. Similarly, while Pub. L. 280 authorized States to assume partial rather than full civil jurisdiction, see Washington v. Yakima Indian Nation, 439 U. S., at 493-499, nothing in Pub. L. 280 purports to authorize States to disclaim pre-existing jurisdiction. Indeed, the Civil Rights Act of 1968 granted States the authority to retrocede jurisdiction acquired under Pub. L. 280 precisely because Pub. L. 280 itself did not authorize such jurisdictional disclaimers.

In sum, then, no federal law or policy required the North Dakota courts to forgo the jurisdiction recognized in Vermillion in this case. If the North Dakota Supreme Court’s jurisdictional ruling is to stand, it must be shown to rest on state rather than federal law.

B

This Court concededly has no authority to revise the North Dakota Supreme Court’s interpretation of state jurisdictional law. Only last Term, in Arizona v. San Carlos Apache Tribe, supra, we noted that “to the extent that a claimed bar to state jurisdiction ... is premised on the respective State Constitutions, that is a question of state law over which the state courts have binding authority.” 463 U. S., at 561. That principle is equally applicable, of course, with respect to jurisdictional bars grounded in state statutes. If the North Dakota Supreme Court’s decision that the trial court lacked jurisdiction in this case rested solely on state law, the only remaining issue before this Court would be petitioner’s argument that the jurisdictional disclaimer here violates petitioner’s federal constitutional rights.

It is equally well established, however, that this Court retains a role when a state court’s interpretation of state law has been influenced by an accompanying interpretation of federal law. In some instances, a state court may construe state law narrowly to avoid a perceived conflict with federal statutory or constitutional requirements. See, e. g., United Air Lines, Inc. v. Mahin, 410 U. S. 623, 630-632 (1973); State Tax Comm’n v. Van Cott, 306 U. S. 511, 513-515 (1939); Red Cross Line v. Atlantic Fruit Co., 264 U. S. 109, 120 (1924); see also San Diego Building Trades Council v. Garmon, 353 U. S. 26 (1957). In others, in contrast, the state court may construe state law broadly in the belief that federal law poses no barrier to the exercise of state authority. See, e. g., Standard Oil Co. v. Johnson, 316 U. S. 481 (1942). In both categories of cases, this Court has reviewed the federal question on which the state-law determination appears to have been premised. If the state court has proceeded on an incorrect perception of federal law, it has been this Court’s practice to vacate the judgment of the state court and remand the case so that the court may reconsider the state-law question free of misapprehensions about the scope of federal law.

Here, a careful reading of the North Dakota Supreme Court’s opinion leaves us far from certain that the court’s present interpretation of Chapter 27-19 does not rest on a misconception of federal law. In determining the role played by that court’s understanding of federal law, we are guided by the jurisdictional principles that have come to govern our calculation of adequate and independent state grounds. In Michigan v. Long, 463 U. S. 1032 (1983), this Court ruled that “when... a state court decision fairly appears ... to be interwoven with the federal law, and when the adequacy and independence of any possible state law ground is not clear from the face of the opinion, we will accept as the most reasonable explanation that the state court decided the case the way it did because it believed that federal law required it to do so.” Id., at 1040-1041. Although petitioner’s constitutional challenge to the North Dakota Supreme Court’s judgment means that we do not face a question of our own jurisdiction, see Standard Oil Co. v. Johnson, 316 U. S., at 482-483, we believe that the same general interpretive principles properly apply here. The North Dakota Supreme Court’s opinion does state that the North Dakota Legislature “totally disclaimed jurisdiction over civil causes of action arising on an Indian reservation,” but it adds that the legislature did so “pursuant to Public Law 280,” “[u]nder the authority of Public Law 280,” and “under explicit authority granted by Congress in the exercise of its federal power over Indians.” 321 N. W. 2d, at 511, 513. There are at least two respects in which these references and other language in the court’s opinion leave it far less than clear that the North Dakota Supreme Court’s interpretation of Chapter 27-19 was not influenced by its understanding of federal law.

First, the court’s treatment of petitioner’s constitutional claims strongly suggests that the court’s underlying interpretation of Chapter 27-19 would have been different if the court had realized from the outset that federal law does not insulate the present jurisdictional disclaimer from state and federal constitutional scrutiny. While we express no view about the merits of petitioner’s federal equal protection challenge, we note that the North Dakota Supreme Court rejected petitioner’s state and federal constitutional claims not because it viewed them as otherwise meritless, but because “the people of North Dakota and the legislature were acting under explicit authority granted by Congress in the exercise of its federal power over Indians” in disclaiming state jurisdiction. 321 N. W. 2d, at 513. The court had proceeded on a similar assumption before; in Gourneau v. Smith, 207 N. W. 2d 256 (1973), for example, the court rejected an Indian plaintiff’s jurisdictional claim based on the “open courts” provision of N. D. Const. Art. I, § 9, because the tribal consent requirements of the Civil Rights Act of 1968 were taken to foreclose jurisdiction:

“The courts of the State of North Dakota are open to all persons. But. . . Federal law prohibits State courts from assuming jurisdiction of civil actions involving Indians which arise on an Indian reservation, until such time as the Indians of that reservation have consented to such jurisdiction. Thus the courts of the State of North Dakota are open to Indians, if they consent to the courts’ jurisdiction as provided by law.” 207 N. W. 2d, at 259.

The assumption that Pub. L. 280 and the Civil Rights Act of 1968 either authorized North Dakota to disclaim jurisdiction or affirmatively forbade the exercise of jurisdiction absent tribal consent is incorrect, for the reasons given above. That assumption, however, appears to have been the sole basis relied on by the North Dakota Supreme Court to avoid holding the jurisdictional disclaimer unconstitutional as applied in this case. Because the North Dakota Supreme Court has adhered consistently to the policy of construing state statutes to avoid potential state and federal constitutional problems, see, e. g., State v. Kottenbroch, 319 N. W. 2d 465, 473 (1982); Paluck v. Board of County Comm’rs, 307 N. W. 2d 852, 856 (1981); Grace Lutheran Church v. North Dakota Employment Security Bureau, 294 N. W. 2d 767, 772 (1980); North American Coal Corp. v. Huber, 268 N. W. 2d 593, 596 (1978); Tang v. Ping, 209 N. W. 2d 624, 628 (1973), it is entirely possible that the court would have avoided any constitutional question by construing Chapter 27-19 not to disclaim jurisdiction here, and it is equally possible that the court will reconstrue Chapter 27-19 that way if it is given an opportunity to do so.

Second, the manner in which the court rejected the availability of “residuary jurisdiction” leaves open the possibility that, despite the court’s references to state law, the court regarded federal law as an affirmative bar to the exercise of jurisdiction here. The court stated:

“In essence, [petitioner] argues that North Dakota retained residuary jurisdiction over actions brought by Indians against non-Indians for civil wrongs committed on Indian lands. . . . That argument would be more convincing had the legislature of North Dakota not, pursuant to Public Law 280, totally disclaimed jurisdiction over civil causes of action arising on an Indian reservation. In re Whiteshield, 124 N. W. 2d 694 (N. D. 1963). In Nelson v. Dubois, 232 N. W. 2d 54 (N. D. 1975), . . . we rejected the concept of ‘residuary’ jurisdiction. We adhere to that decision today.” 321 N. W. 2d, at 511 (emphasis added).

The court’s reliance on Nelson v. Dubois is suggestive because Dubois itself turned aside an attempt to invoke state-court jurisdiction over Indian country on the ground that federal law barred the exercise of jurisdiction. Specifically, the court held that it did not have “residuary jurisdiction” over a suit by non-Indians against Indians, even if the exercise of jurisdiction were assumed not to infringe on tribal self-governance under Williams v. Lee, because the tribal consent provisions of the Civil Rights Act of 1968 pre-empted any exercise of state jurisdiction except in accordance with the terms of that Act. 232 N. W. 2d, at 57-59. The court recognized that its holding deprived the plaintiffs of any forum for their suit, but added: “The solution to this most serious problem lies not with the State. Congress may amend its statutes; Indian tribes of this State may begin to assert their own jurisdiction. This State cannot exercise jurisdiction that it does not possess.” Id., at 59.

As noted above, the Civil Rights Act of 1968 in no way bars the exercise of jurisdiction in this case. The court’s reliance on Nelson v. Dubois to dismiss petitioner’s jurisdictional claim suggests, however, that the court was proceeding on a contrary premise. In that event, it may well have adopted a restrictive interpretation of Chapter 27-19 to avoid a perceived conflict between state and federal jurisdictional mandates. By the same token, Nelson v. Dubois itself suggests that the court might recognize some measure of “residuary jurisdiction” here but for the mistaken belief that a federal jurisdictional impediment exists. Because we cannot exclude this possibility with any degree of confidence, the prudent course is to give the North Dakota Supreme Court an opportunity to express its views on Chapter 27-19 and thereby “avoid the risk of ‘an affirmance of a decision which might have been decided differently if the court below had felt free, under our decisions, to do so.’ ” United Air Lines, Inc. v. Mahin, 410 U. S., at 632, quoting Perkins v. Benguet Consolidated Mining Co., 342 U. S. 437, 443 (1952).

Our conclusion that the North Dakota Supreme Court’s state-law decision may well have rested on federal law is buttressed by prudential considerations. Were we not to give the North Dakota Supreme Court an opportunity to reconsider its conclusions with the proper understanding of federal law, we would be required to decide whether North Dakota has denied petitioner equal protection under the Fourteenth Amendment by excluding it from state courts in a circumstance in which a non-Indian would be allowed to maintain a suit. It is a fundamental rule of judicial restraint, however, that this Court will not reach constitutional questions in advance of the necessity of deciding them. See, e. g., Leroy v. Great Western United Corp., 443 U. S. 178, 181 (1979); Massachusetts v. Westcott, 431 U. S. 322, 323 (1977); Alexander v. Louisiana, 405 U. S. 625, 633 (1972); Ashwander v. TV A, 297 U. S. 288, 346-348 (1936) (concurring opinion); see also Whalen v. United States, 445 U. S. 684, 702 (1980) (Rehnquist, J., dissenting). This Court has relied on that principle in similar circumstances to resolve doubts about the independence of state-law decisions in favor of an interpretation that avoids a constitutional question. See, e. g., Black v. Cutter Laboratories, 351 U. S. 292, 299 (1956). The same prudential rule is properly employed in this case. If the North Dakota Supreme Court reinterprets Chapter 27-19 to permit petitioner to maintain its claim in the state courts, or if it concludes that Chapter 27-19 violates the State’s Constitution insofar as it bars jurisdiction in this case, neither that court nor this one will be required finally to reach petitioner’s federal constitutional challenge. Under these circumstances, our responsibility to avoid unnecessary constitutional adjudication demands that we resolve any uncertainty over the North Dakota Supreme Court’s decision in favor of the possibility that it was influenced by a misunderstanding of federal law.

I — I I — I hH

It is important to recognize what we have not decided m this case today. We have made no ruling that Chapter 27-19 has any meaning other than the one assigned to it by the North Dakota Supreme Court. Neither have we decided whether, assuming that the North Dakota Supreme Court adheres to its current interpretation of Chapter 27-19, application of the statute to petitioner will deny petitioner federal equal protection or violate any other federally protected right. Finally, we have intimated no view concerning the state trial court’s jurisdiction over respondent’s counterclaim should the North Dakota Supreme Court decide that the trial court does have jurisdiction over petitioner’s claim. Instead, we merely vacate the North Dakota Supreme Court’s judgment and remand the case for further proceedings not inconsistent with this opinion.

It is so ordered.

Justice Rehnquist,

with whom Justice Stevens joins,

dissenting.

The highest state court in North Dakota has made a decision on the scope of state-court jurisdiction, a decision based on a state statute passed following amendment of the State Constitution. The question is clearly one of state law, immune from our review except in so far as it might be preempted by federal law or in conflict with the United States Constitution. The Court today does not say that Chapter 27-19, as interpreted by the North Dakota Supreme Court, is pre-empted by federal law. Nor does the Court find that statute unconstitutional. Yet the Court vacates the judgment below because Pub. L. 280 neither “authorized” nor “required” any disclaimer of pre-existing state jurisdiction.

I do not disagree with the Court’s essay on the purpose and effect of Pub. L. 280. But I fail to see its relevance to the state-law issues decided by the court below. Accordingly, I would affirm the judgment of the North Dakota court because the only federal question actually before us — the constitutionality of North Dakota’s refusal to exercise jurisdiction over a lawsuit brought by an Indian tribe — is insubstantial.

In Part II-A of its opinion, the Court argues that state-court jurisdiction over this case would have been proper, as a matter of both federal and North Dakota law, prior to the passage of Pub. L. 280 and that nothing in Pub. L. 280 should have changed that situation. In Part II-B, the Court parlays the eclipse of this “residual jurisdiction” into a reason for concluding that the North Dakota Supreme Court may have misunderstood Pub. L. 280 when it interpreted Chapter 27-19. The linchpin of the entire argument is the 1957 case of Vermillion v. Spotted Elk, 85 N. W. 2d 432, in which the North Dakota court took an expansive view of the scope of state-court jurisdiction over suits by and against Indians in Indian country. The Court today correctly states that the jurisdiction claimed in Vermillion — over all civil actions arising in Indian country, except those involving interests in Indian lands — would embrace this case. Ante, at 147. But the argument for residual jurisdiction which the Court constructs around Vermillion is wholly untenable for the simple reason that the expansive jurisdiction of Vermillion was discredited, two years after it was claimed, by our decision in Williams v. Lee, 358 U. S. 217 (1959).

Both the specific holding and the broad dictum of Vermillion were pre-empted by Williams v. Lee. The North Dakota court exercised jurisdiction in Vermillion over a suit arising out of a car accident on an Indian reservation in which all the parties were reservation Indians. The principles of tribal autonomy recognized in Williams v. Lee clearly pre-elude such an intrusion into strictly tribal affairs without affirmative legislative action pursuant to Pub. L. 280. See Fisher v. District Court, 424 U. S. 382 (1976). And the expansive claim made in Vermillion to jurisdiction over all civil actions arising in Indian country, except those involving interests in Indian lands, cannot be squared with the requirement that such jurisdiction be assumed by legislative action pursuant to Pub. L. 280.

In short, at the time Chapter 27-19 was passed, four years after Williams v. Lee, Vermillion was not in any sense good law. The “lawfully assumed jurisdiction,” ante, at 150, which the Court thinks must have survived both Pub. L. 280 and Chapter 27-19, was in fact unlawfully assumed and therefore invalid. The fact that Chapter 27-19 appears to expand state jurisdiction over Indian country rather than to contract it must be understood, not in light of Vermillion, but in light of the intervening, superseding decision of this Court in Williams v. Lee. The North Dakota Legislature was effectively starting from “square one” in asserting jurisdiction over civil actions in Indian country when it passed Chapter 27-19. Thus, since the assumption of jurisdiction in Chapter 27-19 was predicated on tribal consent, which has not been forthcoming, the North Dakota Supreme Court could naturally and properly conclude that there was no state-court jurisdiction in this ease.

The Court glosses over this obvious difficulty in its argument by simply recasting Vermillion to fit its needs.

“To be sure the full breadth of state-court jurisdiction recognized in Vermillion cannot be squared with principles of tribal autonomy; to the extent that Vermillion permitted North Dakota state courts to exercise jurisdiction over claims by non-Indians against Indians or over claims between Indians, it intruded impermissibly on tribal self-governance. . . . This Court, however, repeatedly has approved the exercise of jurisdiction by state courts over claims by Indians against non-Indians, even when those claims arose in Indian country.” Ante, at 148.

In accordance with its view of what the North Dakota courts could have done compatibly with federal law, the Court proceeds to treat Vermillion as if it had in fact only claimed jurisdiction over suits by Indians against non-Indians. Thus, the Court says that nothing in Pub. L. 280 “required North Dakota to disclaim the basic jurisdiction recognized in Vermillion or authorized it to do so,” ante, at 150, and that “no federal law or policy required the North Dakota courts to forgo the jurisdiction recognized in Vermillion in this case,” ante, at 151. The Court even refers to the jurisdiction of Vermillion as “otherwise lawfully assumed jurisdiction.” Ante, at 150.

I must confess to being nonplussed by the Court’s treatment of Vermillion. It seems strange, indeed, to suppose that Vermillion is in some sense good law — when neither its holding nor its reasoning is acceptable under federal law— merely because the opinion would be acceptable if it had been written altogether differently and reached an opposite result. The fact remains that it was not written differently and did not reach the opposite result.

The North Dakota court improperly tried to assert jurisdiction over all civil actions arising in Indian country, except those involving interests in Indian lands. That attempt having failed, there is no indication that North Dakota would have accepted the one-way jurisdiction sought by petitioner in this case, whereby Indians can sue non-Indians but not vice versa. And the fact that our cases would have permitted the assumption of such jurisdiction is simply beside the point. Nothing in the Enabling Act, the State Constitution, or Pub. L. 280 compelled North Dakota to grant Indians the right to sue non-Indians in state court in situations where non-Indians could not sue Indians. And it is sheer speculation to suppose that the State would have done so.

Without Vermillion the Court’s argument in Part II-B simply crumbles. For without some sort of plausible “residual jurisdiction” that would cover this case, Pub. L. 280 constitutes an affirmative bar to the assumption of jurisdiction by the North Dakota court. Any jurisdiction over Indian country assumed by an option State following passage of Pub. L. 280 must be assumed in accordance with the requirements of Pub. L. 280. It must be assumed, that is, by affirmative legislative action; state courts are powerless to act on their own initiative. As we stated in Kennerly v. District Court of Montana, 400 U. S. 423, 427 (1971):

“[T]he requirement of affirmative legislative action [was not] an idle choice of words; the legislative history of the 1953 statute shows that the requirement was intended to assure that state jurisdiction would not be extended until the jurisdictions to be responsible for the portion of Indian country concerned manifested by political action their willingness and ability to discharge their new responsibilities.”

North Dakota took affirmative legislative action in passing Chapter 27-19, but conditioned its assumption of jurisdiction on tribal consent. Since that consent has not been forthcoming, North Dakota has not assumed any additional jurisdiction over Indian country under Pub. L. 280. See Washington v. Yakima Indian Nation, 439 U. S. 463, 499 (1979). North Dakota courts therefore have no authority to unilaterally augment their jurisdiction by entertaining suits either by or against Indians in actions arising on Indian lands. Fisher v. District Court, 424 U. S., at 388-389; Kennerly, supra, at 427. Unless, therefore, such jurisdiction was “assumed prior to and apart from Pub. L. 280,” ante, at 151, an assumption I find untenable for the reasons given, Pub. L. 280 precludes the exercise of jurisdiction in this case.

I might finally add that even if one did posit a truncated Vermillion as somehow providing the residual jurisdiction necessary to the Court’s argument until eclipsed by the North Dakota Legislature, there is still no indication and the Court offers no good reason to believe that the North Dakota Supreme Court interpreted Chapter 27-19 under any misapprehensions about Pub. L. 280. The North Dakota court in fact shows a perfectly clear appreciation of both the purpose and effect of Pub. L. 280.

“The purpose of Public Law 280 was to facilitate the transfer of jurisdictional responsibility to the states. Washington v. Confederated Bands and Tribes, 439 U. S. 463, 505 (1979). It permitted states to amend their constitutions or existing statutes to remove any legal impediments to the assumption of civil and criminal jurisdiction, and thereby to unilaterally assume jurisdiction over criminal and civil matters within the exterior boundaries of Indian reservations within the states taking such action.” 321 N. W. 2d 510, 511 (1982).

This statement of the law is unexceptionable. Indeed, the Court’s own statement of the purpose and effect of Pub. L. 280, see ante, at 150, reads like a paraphrase of the above passage.

The North Dakota court never even remotely implies that Pub. L. 280 “required” the State to eliminate any preexisting, lawfully assumed jurisdiction. The focus is rather on the passage of Chapter 27-19 by the state legislature. See n. 3, supra. And as to whether the court may have mistakenly thought that Pub. L. 280 “authorized” such a disclaimer of jurisdiction by the State, I cannot see how that question is relevant at all. Either a disclaimer of pre-existing jurisdiction was forbidden by federal law or it was not. If not, and the majority does not imply that it was, then there is no additional requirement that it be affirmatively sanctioned. A State is not obliged to play “Mother, may I” with the Federal Government before retroceding jurisdiction that, under our cases, could have been retained.

In my view, therefore, the only federal question presented in this case is whether North Dakota’s failure to permit Indians to sue non-Indians in circumstances under which non-Indians could not sue Indians violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. After our decision in Washington v. Yakima Indian Nation, supra, that question is not a substantial one. See n. 5, supra. Access to the North Dakota courts is within the power of petitioner. The Tribe need merely consent to the full civil jurisdiction which North Dakota, pursuant to Pub. L. 280, stands ready to offer them. Petitioner wants to enjoy the full benefits of the state courts as plaintiff without ever running the risk of appearing as defendant. The Equal Protection Clause mandates no such result.

I respectfully dissent.

       Following the North Dakota Supreme Court’s decision in this case, petitioner’s Tribal Business Council amended the Tribal Code to grant the tribal court subject-matter jurisdiction over all civil causes of action arising within the boundaries of the Fort Berthold Reservation.

       See F. Cohen, Handbook of Federal Indian Law 268, and n. 72 (1982 ed.).

       Before that, however, Congress had vested North Dakota with certain criminal jurisdiction over the Devils Lake Reservation. Act of May 31, 1946. ch. 279. 60 Stat. 229.

       In Gourneau v. Smith, 207 N. W. 2d 256, 258 (1973), the court expressly held that Vermillion “no longer states the rule to be applied . . . in a case between Indians arising out of use of the public highways on an Indian reservation.”

       In United States ex rel. Hall v. Hansen, 303 N. W. 2d 349, 350, and n. 3 (1981), however, the court did state in dictum that a state trial court lacked jurisdiction over a claim by an Indian against a non-Indian arising in Indian country.

       “All courts shall be open, and every man for any injury done him in his lands, goods, person or reputation shall have remedy by due process of law, and right and justice administered without sale, denial or delay.” N. D. Const., Art. I, §9. The State’s Constitution further provides that no citizen or class of citizens “shall... be granted privileges or immunities which upon the same terms shall not be granted to all citizens.” Art. I, §21.

       A number of state courts have recognized the right of Indians to bring suits in state courts against non-Indians for claims arising in Indian country. See, e. g., McCrea v. Busch, 164 Mont. 442, 524 P. 2d 781 (1974); Paiz v. Hughes, 76 N. M. 562, 417 P. 2d 51 (1966); Whiting v. Hoffine, 294 N. W. 2d 921, 923-924 (S. D. 1980).

       In Organized Village of Kake v. Egan, 369 U. S. 60, 71 (1962), this Court held that the phrase “absolute jurisdiction and control” was not intended to oust States completely from all authority concerning Indian lands. See, however, McClanahan v. Arizona State Tax Comm’n, 411 U. S. 164, 176, n. 15 (1973).

       Although Vermillion was decided after the enactment of Pub. L. 280, the North Dakota Supreme Court made clear that it was confirming preexisting jurisdiction rather than establishing a previously unavailable jurisdictional category. See Vermillion v. Spotted Elk, 85 N. W. 2d, at 435-436.

       See 25 U. S. C. §§ 1321(a), 1322(a), 1326; S. Rep. No. 721, 90th Cong., 1st Sess., 32 (1967) (additional views of Sen. Ervin); Goldberg, Public Law 280: The Limits of State Jurisdiction Over Reservation Indians, 22 UCLA L. Rev. 535, 551 (1975).

       See 25 U. S. C. § 1323(a); 2 U. S. Dept. of Interior, Opinions of the Solicitor Relating to Indian Affairs, 1917-1974, pp. 1951-1952 (1979); see also Goldberg, supra, at 558-562. Although any assumption of jurisdiction pursuant to Pub. L. 280 must comply with that statute’s procedural requirements, see Kennerly v. District Court of Montana, 400 U. S. 423 (1971), Pub. L. 280’s requirements simply have no bearing on jurisdiction lawfully assumed prior to its enactment.

       The United States and the Turtle Mountain Band of Chippewa Indians, each of whom has filed a brief amicus curiae in support of petitioner, suggest that Chapter 27-19 may violate 42 U. S. C. § 1981 to the extent that it precludes petitioner from maintaining its action in state court. Section 1981 provides in relevant part: “All persons within the jurisdiction of the United States shall have the same right in every State and Territory . . . to sue ... as is enjoyed by white citizens.” Petitioner does not appear to have relied on § 1981 before the North Dakota Supreme Court, nor has it done so here. In light of our disposition of this case, we need not decide whether the § 1981 issue is properly before us or, if so, whether a violation of § 1981 has been made out. The Supreme Court of North Dakota is free, of course, to consider the applicability of § 1981 on remand if it deems the issue to be properly before it.

       See 28 U. S. C. § 2106. In United Air Lines, Inc. v. Mahin, for example, two justices of the Illinois Supreme Court had construed a state tax statute to avoid a perceived conflict with the dormant Commerce Clause. This Court held that the interpretation forgone by the Illinois Supreme Court would not have run afoul of the Commerce Clause, and therefore remanded the case “to avoid the risk of ‘an affirmance of a decision which might have been decided differently if the court below had felt free, under our decisions, to do so.’” 410 U. S., at 632, quoting Perkins v. Benguet Consolidated Mining Co., 342 U. S. 437, 443 (1952).

       The court has made even more clear in other cases its view that Pub. L. 280, as amended by the 1968 Civil Rights Act, is an affirmative constraint on state jurisdiction. For example, in Schantz v. White Lightning, 231 N. W. 2d 812, 815-816 (1975), the court stated:

        “[A]ny change from the present [jurisdictional] case law would require action by the United States Congress. The appellants are asking this court to assume the duties and responsibilities which are vested solely in the United States Congress. The arguments presented should be addressed to that body.
      “The Congress has set out the mandatory procedure to be followed by the Indian Tribes and the State before the States may assume jurisdiction.. . . The Sioux Indians, not having accepted State jurisdiction as permitted and provided for by the congressional mandate and Chapter 27-19, we conclude that the State did not have, nor did it acquire, jurisdiction” (emphasis added).
      See United States ex ret. Hall v. Hansen, 303 N. W. 2d, at 350; Nelson v. Dubois, 232 N. W. 2d, at 61 (dissenting opinion); Gourneau v. Smith, 207 N. W. 2d, at 259; see also Poitra v. Demarrias, 502 F. 2d 23, 27 (CA8 1974), cert. denied, 421 U. S. 934 (1975); American Indian Agricultural Credit Consortium, Inc. v. Fredericks, 551 F. Supp. 1020, 1021-1022 (Colo. 1982).

       In at least one instance, the North Dakota Supreme Court took care not to extend its restrictive jurisdictional holdings to the situation in which an Indian plaintiff brought suit against a non-Indian defendant in state court. See Schantz v. White Lightning, 231 N. W. 2d, at 814, n. 1 (rejecting broad formulation of jurisdictional issue because it “would require the consideration of a question if an Indian could sue a non-Indian”). The court also once stated flatly that “Indians have the right to sue non-Indians in State courts.” Rolette County v. Eltobgi, 221 N. W. 2d 645, 648 (1974). But see n. 5, supra.

       In addition, the practical cost of mistakenly concluding that federal law influenced the North Dakota Supreme Court’s treatment of Chapter 27-19 is far outweighed by the cost of mistakenly reaching the opposite conclusion. If the court’s misunderstanding of Pub. L. 280 in fact did not contribute to its interpretation of state law, the court is free to reinstate its former judgment on remand. See, e. g., United Air Lines, Inc. v. Mahin, 54 Ill. 2d 431, 298 N. E. 2d 161 (1973). In contrast, if the court’s understanding of federal law did play a role in its interpretation of Chapter 27-19 but we were to proceed on a contrary assumption, we would be depriving petitioner of a judicial forum that the North Dakota Supreme Court would make available if only it were given another opportunity to address the issue. When the cost of erring in one direction is so negligible and the cost of erring in the other is so great, we think that uncertainty about the federal basis for the state-law decision properly is resolved in favor of the conclusion that federal law played a material role.

       In Williams, a non-Indian who operated a store on an Indian reservation in Arizona sued an Indian couple to collect goods sold to them on credit. We held that principles of tribal autonomy precluded the Arizona courts from entertaining the suit in the absence of an affirmative assumption of jurisdiction by the state legislature. 358 U. S., at 222.

       In Washington v. Yakima Indian Nation, 439 U. S. 463, 495 (1979), we held that “any option State can condition the assumption of full jurisdiction on the consent of an affected tribe” even though not required to do so by Pub. L. 280.

       The North Dakota court’s subsequent treatment of Vermillion provides a strong indication that the court would never, as a matter of state law, have recognized the one-sided jurisdiction sought by petitioner and permitted by federal law. As noted, the jurisdiction claimed in Vermillion under state law was invalid under Williams v. Lee as pre-empted by federal law. That same jurisdiction was also disclaimed as a matter of state law by the passage of Chapter 27-19. See 321 N. W. 2d 510, 511 (N. D. 1982).
      Chapter 27-19 provides that “jurisdiction of the state of North Dakota shall be extended over all civil causes of action which arise on an Indian reservation upon acceptance by Indian citizens in a manner provided by this chapter.” N. D. Cent. Code §27-19-01 (1974). A later provision excepts from this jurisdiction suits involving interests in Indian lands. § 27-19-08. Thus, the jurisdiction which North Dakota stands ready to accept under Chapter 27-19 is exactly coterminous with that claimed in Vermillion.

      If Vermillion had been good law, Chapter 27-19 would have been entirely superfluous. Following the passage of Chapter 27-19, therefore, the North Dakota court could reasonably conclude that the legislature had disclaimed (i. e., renounced any claim to) the jurisdiction wrongfully usurped in Vermillion except on consent of the affected tribes. And the fact that the court concluded that all the jurisdiction of Vermillion had been disclaimed indicates that, as a matter of state law, the court views the jurisdiction of Vermillion as an all-or-nothing, reciprocal proposition. Again, it is irrelevant that our cases would have -permitted the State to assert one-sided, residual jurisdiction.' The State was not obliged to accept the invitation.

       For this reason, the Court’s reliance on Nelson v. Dubois, 232 N. W. 2d 54 (N. D. 1975), and Schantz v. White Lightning, 231 N. W. 2d 812 (N. D. 1975), see ante, at 155-156, and n. 14, for the proposition that the North Dakota Supreme Court may have misread federal law is misplaced. In so far as North Dakota has not already assumed lawful jurisdiction over suits arising in Indian country, either prior to Pub. L. 280 or pursuant to the terms of that statute, federal law does act “as an affirmative bar to the exercise of jurisdiction here,” ante, at 155.

       Obviously, if Pub. L. 280 would preclude a judicial assumption of jurisdiction in this case, then the North Dakota Supreme Court properly disposed of petitioner’s equal protection argument with a simple citation to Washington v. Yakima Indian Nation, 439 U. S., at 500-501, in which we rejected a similar challenge to a Washington statute which conditioned state jurisdiction over Indian lands in some subject-matter areas on Indian consent. It would also follow that the lower court’s handling of the equal protection claim does not, as the Court would have it, ante, at 154, reflect any misunderstanding of federal law.


source: Caselaw Access Project

author: Justice Blackmun

license: Public Domain

text:
    UNITED STATES v. LORENZETTI
    No. 83-838.
    Argued April 23, 1984
    Decided May 29, 1984

      Carolyn F. Corwin argued the cause for the United States. With her on the briefs were Solicitor General Lee, Acting Assistant Attorney General Willard, Deputy Solicitor General Getter, William Ranter, and Freddi Lipstein.

      Charles Sovel argued the cause and filed a brief for respondent.
   Justice Blackmun

delivered the opinion of the Court.

The Federal Employees’ Compensation Act (FECA), 5 U. S. C. §8101 et seq., provides a comprehensive system of compensation for federal employees who sustain work-related injuries. As part of that system, an employee who receives FECA payments is required to reimburse the United States for those payments, to a specified extent, when he obtains a damages award or settlement from a third party who is liable to the employee for his injuries. § 8132. The question presented by this case is whether the United States may recover FECA payments for medical expenses and lost wages from an employee whose third-party tort recovery compensates him solely for noneconomic losses like pain and suffering.

t — 1

The facts are clear. Respondent Paul B. Lorenzetti is a special agent for the Federal Bureau of Investigation. On November 21, 1977, he was injured in an automobile accident in Philadelphia while on official business. Federal employees who are injured while engaged in the performance of their official duties are entitled under FECA to compensation for medical expenses, lost wages, and vocational rehabilitation. See §§8102-8107. Respondent’s injuries were not serious enough to require vocational rehabilitation, but he eventually received, from the Federal Employees’ Compensation Fund, the sum of $1,970.81 for his medical expenses and lost wages. See §8147. Because the United States’liability for work-related injuries under FECA is exclusive, see § 8116(c), respondent cannot recover from the United States for losses such as pain and suffering that are not compensated under FECA.

Respondent subsequently instituted a tort action in a Pennsylvania state court against the driver of the other automobile. Respondent’s action was subject to the terms of the Pennsylvania No-fault Motor Vehicle Insurance Act (No-fault Act), Pa. Stat. Ann., Tit. 40, § 1009.101 et seq. (Purdon Supp. 1984-1985), which substantially alters conventional tort liability for automobile accidents. Under the No-fault Act, an accident victim must look to his own insurance carrier to cover basic economic losses, including an unlimited amount of medical expenses and up to $15,000 in lost wages. §§ 1009.104, 1009.106, 1009.202. The victim may maintain a tort action against the driver of the other automobile, but his recovery is generally limited to noneconomic losses like pain and suffering; he may recover damages for economic losses only to the extent that they are not otherwise compensated because they exceed statutory limits (such as the $15,000 lost-wage ceiling) under the No-fault Act. §§ 1009.301(a)(4) and (a)(5). In this case, respondent’s medical expenses and lost wages had been compensated fully by the Federal Government under FECA. As a result, the driver of the other vehicle moved to exclude evidence of medical expenses and lost wages from the trial. The trial court did not rule formally on that motion but indicated its agreement that respondent was confined to recovering damages for non-economic losses. Respondent eventually settled the case for $8,500, a figure that represented compensation for non-economic losses alone.

The United States thereafter sought to be reimbursed for its FECA payments out of respondent’s tort settlement. FECA contains several provisions designed to shift the compensation burden from the United States to any third party who is independently liable for the employee’s injuries. Under § 8131, if an accident for which the United States is liable under FECA also creates a legal liability in a person other than the United States to pay damages, the Secretary of Labor may require the employee either to prosecute an action in his own name against the third party or to assign to the United States his right of action to enforce the liability. When an employee maintains an action in his own name, the United States is entitled to be reimbursed for its FECA payments in accordance with §8132. This statute in relevant part reads:

“If an injury or death for which compensation is payable under [FECA] is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury.”

The United States asserted that it was entitled to reimbursement for its FECA payments in this case pursuant to § 8132.

Respondent declined to pay over the requested sum and, instead, commenced a declaratory judgment action in the United States District Court for the Eastern District of Pennsylvania. He sought a declaration that the United States’ right of reimbursement under § 8132 was confined to recovery out of damages awards or settlements for economic losses of the sort covered by FECA, and that an award or settlement confined to noneconomic losses like pain and suffering was immune from recovery under § 8132. In opposition, the United States took the position that § 8132 created a general right of reimbursement not conditioned on the nature of the loss for which an employee received payment in his tort action.

The District Court granted summary judgment to the United States. 550 F. Supp. 997 (1982). The District Court relied principally on Ostrowski v. United States Dept. of Labor, Office of Workers Compensation Programs, 653 F. 2d 229 (CA6 1981), aff’g Ostrowski v. Roman Catholic Archdiocese of Detroit, 479 F. Supp. 200 (ED Mich. 1979), in which the Court of Appeals for the Sixth Circuit had been presented with the identical question by virtue of a similar Michigan no-fault statute and had resolved the issue in favor of the Government. Like the courts in Ostrowski, the District Court here looked to the language of §8132 itself. It observed: ‘“There is no language in Section 8132 delineating two classes of damages — one of which gives rise to a duty to reimburse and one of which does not.’” 550 F. Supp., at 999, quoting Ostrowski, 479 F. Supp., at 203. Instead, the duty to reimburse encompassed all damages recovered from third parties. The District Court found further support for its reading of § 8132 both in the regulations promulgated by the Secretary of Labor under § 8132 and in the legislative history, which indicated that Congress had been aware of the possibility of third-party tort recoveries for noneconomic harms yet had taken no action to confine the scope of the statute. 550 F. Supp., at 1000.

On appeal, the United States Court of Appeals for the Third Circuit reversed. 710 F. 2d 982 (1983). Unlike the District Court, the Court of Appeals made only passing references to the language of § 8132. It reasoned that, because § 8132 was enacted prior to the advent of no-fault statutes, “Congress could not have anticipated this scenario” and the statute “does not speak to this situation.” Id., at 985. The Court of Appeals addressed itself instead to what it deemed to be the underlying purposes of § 8132 and FECA. In the Court of Appeals’ view, the purpose of § 8132 was twofold: to prevent federal employees from obtaining double recoveries and to minimize the cost of FECA to the Federal Government. Id., at 984. These goals, in turn, were subject to FECA’s overarching aim of treating federal employees “‘in a fair and equitable manner.’” Id., at 985, quoting S. Rep. No. 93-1081, p. 2 (1974).

The Court of Appeals rejected the District Court’s reading of § 8132 on the ground that it would not serve the purposes of the statute and would be “manifestly unfair” to federal employees subject to no-fault statutes. 710 F. 2d, at 985. The goal of preventing double recovery does not require that the United States be reimbursed when an employee’s tort recovery under a no-fault statute is limited to noneconomic damages, since the Commonwealth’s statutory scheme guarantees that the employee’s recovery does not include payment for elements of loss covered by FECA. At the same time, allowing the United States to obtain reimbursement out of a tort recovery for noneconomic loss would frustrate the congressional goal of treating federal employees fairly and equitably, for the Pennsylvania workmen’s compensation statute does not impose a parallel obligation on private employees to make reimbursements in the same circumstances. Id., at 985-986. The Court of Appeals found nothing in the legislative history of FECA or the regulations promulgated by the Secretary of Labor under § 8132 that made it improper to read § 8132 analogously to the Commonwealth’s workmen’s compensation statute. Ibid. The Court of Appeals recognized, however, that its interpretation of § 8132 was squarely inconsistent with that of the Court of Appeals for the Sixth Circuit in Ostrowski. 710 F. 2d, at 984.

We granted certiorari to resolve the conflict over the scope of the United States’ right of reimbursement under § 8132. 464 U. S. 1068 (1984). We now reverse.

HH t-H

The answer to the question presented here is evident on the face of the statute, it seems to us, for § 8132 by its own terms requires respondent to reimburse the United States for the disputed sum. Section 8132 provides that whenever a federal employee suffers injury or death compensable under FECA “under circumstances creating a legal liability in a person other than the United States to pay damages,” and the employee or his beneficiaries receive “money or other property in satisfaction of that liability,” they “shall refund to the United States the amount of compensation paid by the United States.” We find little room for confusion about the meaning of this language. Section 8132 imposes only two conditions precedent to an employee’s obligation to “refund . . . the amount of compensation paid by the United States.” The first is that the employee must have suffered an injury or death under circumstances creating a legal liability in a third party to pay damages. The second is that the employee or his beneficiaries must have received money or other property in satisfaction of that liability. Here, both conditions have been met: respondent was injured in an automobile accident that gave rise to third-party liability, and he received $8,500 in satisfaction of his claim for damages. As a result, the United States is entitled to reimbursement for amounts paid to respondent for medical expenses and lost wages. Contrary to respondent’s argument, § 8132 does not confine the United States to the rights of a subrogee with respect to the specific classes of expenses paid by it to injured employees under PECA; instead, it expressly creates a general right of reimbursement that obtains without regard to whether the employee’s third-party recovery includes losses that are excluded from FECA coverage.

This reading of § 8132 is reinforced by the parallel terms of § 8131, which governs the right of the United States itself to prosecute an employee’s third-party action. Section 8131(a)(1) requires an employee, at the discretion of the Secretary of Labor, to “assign to the United States any right of action he may have to enforce [a third-party] liability” arising from the employee’s accident (emphasis added). This obligation to assign causes of action arising from accidents covered by FECA is an unqualified one; the statute does not excuse an employee whose only cause of action is for elements of loss that are not compensable under FECA. See H. R. Rep. No. 678, 64th Cong., 1st Sess., 11 (1916) (an injured employee or his beneficiary may be required to assign “any right of action” against a third party whose tortious conduct caused the injury (emphasis added)). In turn, the Secretary of Labor is authorized to prosecute or compromise any cause of action so assigned and to “deduct [from any recovery] and place to the credit of the Employees’ Compensation Fund the amount of compensation already paid to the beneficiary,” reserving for the employee or his beneficiaries not less than one-fifth of the award or settlement. § 8131(c). There is no question but that the Secretary of Labor could have required respondent to assign his cause of action against the other driver to the United States, on pain of forfeiting his FECA compensation if he refused to do so, § 8131(b), and could have maintained the action directly for the benefit of the United States. Respondent has not explained why this result is unwarranted under § 8131 or why §8132 should be construed to diminish the scope of the United States’ reimbursable interest when a third-party action is maintained by the employee himself.

Nothing in FECA’s legislative history persuades us that § 8132 means something less than what it says. FECA was enacted in 1916 as the first comprehensive injury-compensation statute for federal employees. Act of Sept. 7, 1916, ch. 458, 39 Stat. 742, repealed by Pub. L. 89-554, § 8(a), 80 Stat. 632, 643. Section 27 of the original statute vested the United States with a right of reimbursement in terms that do not differ materially from the relevant portions of §8132 today. The section was adopted “not for the purpose of increasing [FECA] compensation, but for the purpose of reimbursing the Government for payments made and indemnifying it against other amounts payable in the future.” Dahn v. Davis, 258 U. S. 421, 430 (1922). At no point did Congress suggest in its deliberations that the federal right of reimbursement was to be limited to particular categories of third-party recoveries for injury or death. While no-fault automobile insurance statutes were not in existence in 1916, the possibility that third-party recoveries might encompass compensation for pain and suffering was well known, see, e. g., 53 Cong. Rec. 10909-10910 (1916) (remarks of Rep. Barkley); yet no effort was made to reduce the breadth of the statutory language to insulate such compensation from recovery by the United States. Congress subsequently provided added protection for employees under §8132, most notably by reserving one-fifth of the net third-party recovery for the employee, see Pub. L. 89-488, § 10, 80 Stat. 255, but at no point has it acted to restrict the types of third-party recoveries from which the United States may obtain reimbursement.

“[I]f an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability in some person other than the United States to pay damages therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting the costs of suit and a reasonable attorney’s fee, apply the money or other property so received [as a refund to the United States for FECA payments already made and as a credit for unmatured FECA obligations arising from the same injury].”

Neither do we find any inconsistency between the interpretation of § 8132 rejected by the Court of Appeals and the underlying purposes of the provision. Admittedly, the goal of preventing double recoveries by injured employees does not demand that an employee in respondent’s position turn over a third-party payment confined to compensation for pain and suffering. As the Court of Appeals itself recognized, however, the purpose of § 8132 is not simply to prevent double recoveries but to minimize the cost of the FECA program to the Federal Government. See Dahn v. Davis, 258 U. S., at 430; cf. H. R. Rep. No. 678, supra, at 13-14. It is self-evident that the latter goal is directly advanced by allowing the United States to obtain reimbursement out of any third-party recovery, regardless of whether the third-party recovery includes compensation for losses other than medical expenses and lost wages. When Congress has chosen to subordinate the goal of minimizing FECA expenditures to other concerns, as it did when it amended § 8132 to reserve one-fifth of the net third-party recovery for the employee, it has done so explicitly. We are not at liberty to fashion an additional limitation on that goal without express authorization from Congress.

The Court of Appeals believed that allowing the United States to recover in this case would be inconsistent with Congress’ declared intent that federal employees “be treated in a fair and equitable manner” under FECA and that the United States “strive to attain the position of being a model employer.” S. Rep. No. 93-1081, p. 2 (1974). However useful these general statements of congressional intent may be in resolving ambiguities in the statutory scheme, they are not a license to ignore the plain meaning of a specific statutory provision. The language relied on by the Court of Appeals concerned a wide variety of amendments to FECA enacted in 1974, none of which materially altered the balance struck in § 8132 between the interests of employees and the interests of the Federal Government. In addition, as this case amply demonstrates, any unfairness or inequity arises not from the operation of § 8132 alone but from the provision’s interaction with distinct state statutory schemes. Even if Congress’ desire that the United States be “a model employer” were a sufficient basis for interpreting §8132 to avoid intrinsic inequities, it hardly would be a sufficient basis for inferring that Congress meant to sacrifice the substantial federal interest in reimbursement in order to avoid extrinsic complications introduced by independent state legislative actions. Nor is it true, as the Court of Appeals seemed to believe, that interpreting §8132 to require reimbursement here will leave federal employees systematically worse off than their counterparts in the private sector; the prevailing rule under state workmen’s compensation statutes is that an employer is fully entitled to be reimbursed from third-party recoveries for pain and suffering, even when the portion of an award attributable to pain and suffering is clearly separable from the portion attributable to economic losses. See 2A A. Larson, The Law of Workmen’s Compensation § 74.35, pp. 14-476 to 14-478 (1982).

The Court of Appeals also sought to justify its conclusion on the ground that Congress could not have anticipated the adoption of no-fault automobile insurance statutes and the attendant restriction on third-party tort liability for economic losses. As pointed out above, the fact that Congress could not foresee no-fault statutes does not mean that Congress did not foresee the risk that federal reimbursement rights would trench on third-party recoveries for noneconomic losses. More important, the fact that changing state tort laws may have led to unforeseen consequences does not mean that the federal statutory scheme may be judicially expanded to take those changes into account. See Morrison-Knudsen Construction Co. v. Director, Office of Workers’ Compensation Programs, 461 U. S. 624, 635-636 (1983). It is for Congress, not the courts, to revise longstanding legislation in order to accommodate the effects of changing social conditions. Congress simply has not done so here.

HH HH HH

For these reasons, we hold that § 8132 entitles the United States to be reimbursed for FECA compensation out of any damages award or settlement made in satisfaction of third-party liability for personal injury or death, regardless of whether the award or settlement is for losses other than medical expenses and lost wages. The judgment of the Court of Appeals, accordingly, is reversed.

It is so ordered.

       After deducting the Government’s share of a reasonable attorney’s fee, see 5 U. S. C. § 8132, the United States arrived at a reimbursement figure of $1,620.24. This roughly represents one-fifth of the sum received by respondent in the settlement of his third-party action.

       Section 8132 further provides that no person shall make distribution to an employee pursuant to a damages judgment or settlement without first satisfying the United States’ reimbursement interest. The federal right of reimbursement under § 8132 is subject to one significant limitation: regardless of the extent of his FECA receipts, an employee is entitled to retain one-fifth of the net amount of the recovery after the expenses of the suit have been deducted. The same protection is available under § 8131(c) when the Secretary of Labor prosecutes an assigned right of action on behalf of the United States.

       Respondent argues that §8132 is inherently ambiguous because the term “damages” bears several readings. In particular, respondent suggests that “damages” could be read literally to encompass not only liability for death or personal injury but liability for property damages as well. Respondent argues that the provision cannot have been meant to create a right of reimbursement out of an employee’s recovery for property damages, and hence that the literal language of § 8132 leads to unintended results unless it is informed with the congressional policies on which the Court of Appeals relied.
      We agree that § 8132 does not include a right of reimbursement out of third-party compensation for property damages, but we disagree that the statutory reference to “damages” contains any ambiguity that must be dispelled to reach that conclusion. The term “damages” clearly refers back to the “injury or death” that gives rise to the third party’s legal liability, thereby excluding reimbursement out of any property-damages recovery. Section 8132’s predecessor provision was even clearer in this regard, for it stated that the United States’ right of reimbursement arose “if an injury or death for which compensation is payable... is caused under circumstances creating a legal liability in some person other than the United States to pay damages therefor. ...” Act of Sept. 7, 1916, ch. 458, §27, 39 Stat. 747-748 (emphasis added), repealed by Pub. L. 89-554, § 8(a), 80 Stat. 632, 643. The use of the term “therefor” demonstrates Congress’ intent that “damages” refer back to the phrase “injury or death.” “Therefor” was omitted when the original provision was replaced by § 8132 in 1966, but the omission was not meant to be a substantive change. See Pub. L. 89-554, § 7(a), 80 Stat. 631.

         Respondent does argue that § 8131 provides nothing more than an alternative means for the United States to enforce an interest in an employee’s claim for medical expenses and lost wages. The language of § 8131, however, is no more subject to this strained interpretation than is the language of § 8132.

       Section 27 provided: