have four argue cases this morning the first of these is number sixteen sixteen fifty four why not a nation of kansas first state mr recognition question before the department of interior and then seek additional review of that rather than raising the tribal recognition issue in a case like th kansas and if you believe that that's incorrect which apparently will you this is why don't you have to start with the department of the interior as i think earlier you did that profit or there's a reason for that because it's been fully recognize the list act says that this is the list of all federally recognized nations tribal nations and so your claim really is that you should be on the list that's correct me on the list correct but isn't isn't it true that there is only one mechanism to get on that list we can't put you on lest that that's not true this excess that he already recognize it takes an act of congress to not recognize you and there's not the government hasn't produced a single act of congress that ever terminated this trial it's been a very reckless rival on the world and that's a that's a perfectly legitimate position the question is who is supposed to decide whether remedies before the department of the interior before you can go to court what or what case excuses exhaustion well you know that the whistle was was controlling true government was acting under our this information so your point is that it's like you're answering my question yes but you're saying yes we stipulated that we were not a recognized tribal nation but now but we were wrong is that what you're saying that's correct and i seven treat payments in eight hundred eighty hm eight mm why didn't the tribes i claims a crew in eight hundred eighty eight well that's a question of fact and the government has a appealing arguments about the the proud heritage of this nation and that that it shouldn't be a situation where you're divided into two though those are all very strong and i and i you know recognise that there is a proud heritage for everybody involved there has descended from the original wind up nation but is isn't the problem really that it's not for the courts at this stage to make these decisions it is for the executive or for congress when this is one instance where it's very clear that it's the other two branches of government who are to take give the recognition or take it away in the first  congress and us you know they were law to go to school read we showed that they receive services and programs of forty four complained and still receiving services up to the present time so there's no basis to say that th that conclusion in our brief and i don't intend to address that argument today unless the court has what you do would you agree that they'd have a remedy but they could go with department of the interior and seek recognition and if they're denied recognition that they could review in federal district court under the a p a absolutely because the petition that they filed in ninety six was not there was no final decision from that petition so that they still have that already available to them that is correct and that judicial  there is this issue of whether there are a federally recognized tribes an issue of standing that we have to decide at the outset you know and the reason i didn't intend to address the argument today is because regardless of the kind of status that claims are on time when that's not that's not  well i guess that's a jurisdictional issue also but but but but no we have to decide the standing as well as statue of limitations as a predicate to review the merits of th the oklahoma while that's what moved to indian country oklahoma and the planet's ancestors stayed behind in kansas and at that time they were not recognized as part of the federally recognized tribes they're not members of the federally recognize forty four of the complaint corrected that individuals belonging to the appellant still receive benefits right now other major city benefits as individuals but they do not receive benefits as members of i don't like a man reason to question that we don't but we don't know whether i mean there has been no discovery we don't know if they're the ancestors they maybe how much they get federal benefits as individuals if they're not members of a recognized tr plaintiff's ancestors lack standing or a cause of action to challenge the legislation that allowed the sale of that here at cemetery  got in the account there is no inherent right to an account on the planet would have to point to a specific statute obligating the united states to provide an accounting and the only statute that the plaintiffs recognized tried is receiving federal benefits and has a expectation of future of federal benefits and the tribe in a political vote decides that that person's family is no longer a member