violated it's now before you go further may i ask about what you just said about the the part that focuses on established policy deviating from established policy my question is pretty specific can you tell plain meaning certainly allows for a holistic analysis that includes consideration of a cost benefit analysis within the surrounding community however has to be undertaken with right and so my problem with your argument i think is just getting out but i'd like to give you a chance to respond to as it seems to me that even though the statutes clearly contemplates and requires consideration of whether there's going to be detriment to the rounding community analysis requires that would require interior to read jack to any proposal if there's any detriment to one man over a tribal and to be in the surrounding community not at all your  surrounding community do not eliminate the harm to kalispell so that gets the my point which is that i appreciate that argument but does seem to be your position that prohibition on offering the ration gaming there cannot be gaming and alas it would not be detrimental to the surrounding community and it is understated that in and so on and whether the agencies specifically look to those two together i'm going to ask your opposing counsel but as to whether if they had done so or if they did do so that there was not to mention the tribes somewhere between what you say and what they say or at least what they say which is gel relatively significant  specifically noted that there is nothing in the regulations that suggested interior must treat it differently situated communities identically that makes that recognizing that entirely appropriate to recognize that kalispell isn't the same as an airway heights and if you look at the lines specifically relevant pages the department here's part of the terminations when they look at the being any nearby and you're right certainly so it doesn't say anything should be done specially bad the nearby indian tribes that would include them it doesn't need to say anything special about the tribes because this is laid on the overlay i don't see the fact that there is trust land or kalispell that the united states acquired specifically for the purpose of acquiring one you can trust the court which needs to be completely clear about this there are payments called her habit of payments kalispell has been financially capable financially we are really clear on this because we've read the briefing speak and we the the language the the interior i want to make clear interior made a full wholesome analysis of impacts to all of the entities that fall under the category of surrounding community so we'll put that  detrimental to the surrounding community that's incredibly broad so this court has to find some way to determine whether interior's analysis was reasonable so the one place that we can look and there's no dispute is to look to the statutory purpose the gaming reductions to the tribes in that area and two tribes who are going to be affected by fifty one million dollars per year the court didn't indicate indicates or otherwise but that the mere amount of money is dispositive but whether there's a detrimental impact the question is for interior to look at the case by case basis as to the impacts of the trial and will it be detrimental of really affected that's not saying will the tribe go broke it's only  specific standard but that's one of the things that are considered in the federal register interior made clear that it was not going to set a standard for detrimental for a detriment it wasn't going to just find it it was going to  based on this record shall still does not dispute that it will continue to operate its tribal functions it will continue to provide for the welfare of its tribe it will have an impact it will experience it losses those losses will be temporary the record shows that losses will be temporary the gaming market can sustain this new entrant the gaming market will grow challenge bill has not indicated that it will be at rock bottom indicating that it will experience financial losses but that alone does not constitute a detriment i have clearly made wait wait wait wait wait wait excuse me do you mean that doesn't convert constitute detriment to kali do you mean that it doesn't constitute detriment to the surrounding community and that the latter is what's being measured speaking st is that wouldn't constitute detriment to kalispell and then that has to be inserted into the assessment of the surrounding community as a just one quick follow up question of judge person will allow me is it your position that there isn't harm demonstrated here detriment demonstrated to kalispell care because kalispell was able to continue to function and  was considered along with the impacts to all the other gaming enterprises and all the other businesses in this building and community did not announce to the detriment where i am not happy to tell you that judge garzon on the record here is large but i think there are a few places that will be the most helpful for the court to luck one of them is the final environmental impact statement that there is a very substantial analysis of the economic impact of spokane's project on the surrounding community including but environmental impact statements which look at the economic effect that spokane drives because you know would have on the community and expressly take into account substitution of that which is the amount that would be lost by the other gaming facilities in the area and specifically the amount that would be lost by kalispell zx because you know in terms of revenues interior quantified that it quantify the benefits it quantified the impact on kalispell one clearly is far larger than the other so that's one thing that they did and that that again actually years in the interior says there are going to be a lot of jobs created by those projects but what about the jobs that kalispell xp is you know is going to lose well that was specifically taken into account and so you know for report saying this is going to have a catastrophic effect on us and our ability to run our government and provide services in the final interior looked at that and said that report is after full build out of hands disability and it found that there would be a thirteen point eight percent decrease in household budget and that after taking terior looked at them differently because tribes are not allowed to make per capita payments until after they have adequately funded their governmental services that's why proper not going t diminish after one year and under those circumstances even even looking at the numbers that house spell provided interior interior found that it would still which are exaggerated interior found that it would still have fourteen times as much per member as the man and in light of all of that it concluded that there wouldn't be such a major adverse impact on how to spell basic services i'm summarizing only then can they make that per capita payments by it we all understand that but is it your position you know we're really trying to get at this that's no small thing that's a detriment i'll just say i think that's a detriment to kalispell couldn't you know of  using the term loosely produced perhaps not a term of art within the context of it but it sure looks to me from these studies like by callous but was going to take a hit particularly initially and then over time there was a question about how that might  shake out but i still get back to wanting to figure out how we know what if there's an overall you know took to quantify and qualify the harm that i think  group which is themselves sufficiency of tribes or are you drawing it at the place where the tribe could make the per capita payments and think as long as they can meet their basic services then there isn't a sufficient debt to mentor or where's the tipping point question now obviously is the court knows is will this project be detrimental to the surrounding community and is the d c circuit held that means to the surrounding community as a whole not to any one a part of it and therefore what that means is the project has to on balance have a positive or at least neutral net impact on the surrounding community even if there are certain impacts that are not directly  that is that is not my position and i believe that in that situation if there truly were how distraught acts on a nearby tribes ability to run its government and provide services to its people i absolutely think  that could take that into account in making the determination of whether this is detrimental to the surrounding community as a whole but as you predicted i'm going to say that's not ok so then let me ask you right why isn't that th far off in the future it didn't happen in two thousand and twenty which means that interiors projections about the impact on cows well are quite are much higher than they would have been had they known how long this is going to take and what it found was that tell us paul would have thirteen eight percent less then it did at the time the determination was made and the last full year for which they had numbers which was two thousand and eleven and they said given that and given how  seven percent they said there was going to be a six seven percent reduction and that would then it dissipate over time they found out after doing a very in depth analysis of what happens when a casino comes into treated market likes hand that after twelve months normative revenue growth will resume and ultimately the new casino will grow the market for everyone and i did say that predict judgement has been worn out i bell has dramatically expanded their casino they have just announced plans for further expansion and they have started yet another busy you know they have done quite well and i understand we need to look at the record that was count the actual dollar value or the actual effect that it would have on their governmental budget and services or the general welfare of their members i don't understand that statement impact will be about twenty nine million dollars already spokane conceded in their briefs thirty two per cent kalispell budget that includes completely eliminating her capita and elder payments which