houses that we're talking about work on trust land therefore we already have a trust corpus in the sense of the houses that were being constructed on trust land it's your argument that regardless of the relationship that follows the construction of the house and that the mere fact that it is constructed on trust land means that the trust construed liberally in favor of the indians with ambiguous provisions interpreted to them that i think is very important that gives us an idea how we see in matters in this country and for that reason i think it's wrong to limit this trust responsibility to natural resources or even to just resources and clearly i think the law doesn't support that the tribal and we think they should be required to do it about whether that argument has been away i really i really don't very quickly i want to say something about underneath the ground about halfway that done we aren't asking for any damages we're not asking regulation is comprehensive i mean that's a generalization but how do we know it when we  still i guess what i'm saying is doesn't make any difference that participation in the program to be young with was not mandatory if you want housing should not be a it in this particular case i see nothing in the record that shows that the black elected housing or black housing or the predecessor absence in the absence of evidence is that a factual determination that we should be making in the first instance or is that a factual determination for a district court to words the absence of information isn't difference it makes is that the work went down the road and looking at horns and and and talking about the commercial activities i represent the nonprofit low income governmental a governmental function and under the latine feet human river indian community case when you look at the nature of the activity or the nature of what is going on that's the key not commercial in nature because it's providing a governmental function providing a governmental function low income housing is not a commercial activity it is a nonprofit entity do you agree or drive to have housing that was guaranteed that was bargained for in eight hundred fifty five in the in the treaty between the black feet nation and the united states of america it is a treaty based obligation providing housing is a governmental function when you provide housing as a governmental function it's important under the the case is in this circuit that you look at the nature of the activity that's where you activity that's important and i think it's also important to look at the name taken case it's important because in one nine hundred seventy you have to have a stance and then an authorization something else may happen an obligation  perhaps most importantly in an era when we are empty desperately to attract new capital to the reservation and the old houses in an era of declining block grants because of federal spending priorities insecure about almost every one of the things  interest in a mortgage like documents and they have been lonely to loan money on that in the end the instrument that we created the purchase money well housing is obligated to spend the money under a formula we've taken the money under a formula we're obligated to spend there is very little new housing starts in indian country  right ye constructed the rents and by future money's coming from and they've bought it so far this far removed from any type of no there's no question factual just the event has to be resolved by the district where we can't take evidence and develop a record on what was done on all of that why is why is that something that we can decide on this record likely agree with you judge but i believe at the many of the houses that i still do have that hard because the only way they can