status as a tribe or its status as a recognized tribe or its right to have land in trust or its right to conduct gaming on land that qualifies for gaming under the indian gaming regulatory tribe of seeking to conduct gaming on a land parcel that it says is restored land as that term is used under the indian gaming bridge authority and if it to name qualifies as restored land the tribe has an absolute statutory right into the game now if it's not restored to land there are other provisions for taking lead to trust for gaming that would perhaps be of slightly different traction for the tried to follow but in this historical connection to the land now the court referred this matter back to interior in that decision for the reason that the interior department admitted it had not only failed to redo our expert witnesses report written by the at movie store induction even doubt that some of lewis and clark college but they had chosen not to because they've already made up their mind and this court referred this matter all remanded back to interior for consideration in light of the vacuum report the better report contained one thing that was absolutely critical reproduced in to role is a is a roll of some good and i can it it will it take it's a role that was conducted by the government in just a patient of blame claims to be position about what that shows and i want to talk your position to being that that shows that there was no wood chip to try as at the time of that census presence on the ranch there were are no ok what we're saying is that whatever whether the weather is well whatever the indian population was it was not the modern it was not a direct descendant it was not directly related to actually tried to the treaty tribe of eight hundred fifty one that's the connection that's the lack of connection so that but i thought the way you were showing that i'm sorry if i didn't see me to repeat my question i thought the way you were showing that was because data about a connection it's is hard to find a very long period time what's to say there was actually no me to try to present at the time of the census and therefore it was in a possibility that there could be any such try that relates back to the eight hundred fifty one negotiators ok you know that that that is not expected when the ardent there were indians there was a population there while a diverse population which is shown in that but it was recognised as the tribe of that reservation so they had not as the successor to the treaty tried and because indeed the as the synthesis that we quote going all the way back ignored by the three tribal experts they to be in entirely and up to twenty seven households seventeen were missing four years later so that shows you that these the village that kelsey kelsey was was visiting in why that doesn't preclude the finding that the historical connection has been made so why doesn't that discussion address the point that you're making some sort of why i thought the point that you're making is is and maybe i'm getting back to the question that just really was asking a bit about the point you're trying to make with this census data that was in the two thousand and six second report is that it shows that what ultimately comes from that is that it shows that there is an amalgamation on the property right that's correct but then but that was responded to well yes well that the system material better for poor would not directly responded to i think the way it was responded was they said we so there wasn't a specific enough in seeing it sounds to me and i may be missing something basic but it sounds to me like the general discussion jay for of sixty four always roughly addresses at least at a general as a at a general level the point that you're think were were amazing what we found them we were surprised certainly that should have been addressed and it wasn't so the the the interviews well then there was the coleman report and that is it your position that it's the amalgamation of different people of different ethnicities and potentially tribal affiliations at the  is the conclusion that the secretary arrived at that is our position and if they were to argue that there could be a number of different tribes subsist jowl in the same place your response to that would be that's not this case because my responsibility to that would be i'm astonished that somebody would make that statement of the matric to trot is federally recognized as a tribe today the question is does the tribe as it can as it exist trace can it directly trace its tribal existence as a ride back the treaty tried because it can and we say they it's not restored later and at that point there are other things the county would well there are other things the county could do could raise because it's a different part of the same statute and it's but it's after require billions of section twenty of bikers and so but restored lane is the special exception for a tribe that restored to federal recognition and in this case then it has to be the land that was occupied in use by the part of your submission and i'm not saying otherwise but just putting aside for the moment what's yours substantive argument that white the tribe has submitted to the department during  a new application because i thought that the thing that was to turn it into whether something is a new application or not is whether it goes to the same parcel and and this the new information that they submitted did concededly go to the whatever the tribe did it did but it was pursuing the application for the line that they had already identified and i i'm god i shouldn't purchase i think they even say at some point paper they'd already purchased the land and there was  give you some time on her bow sort we will give you some time back to the government thank you your district court's remand order it followed the procedural requirements for an informal agency adjudication and it's a poor decision to take the chico parcel into trust for gaining purposes by substantial evidence the  county has spent a good bit of its time talking about censuses i think even the county in its presentation here in its brief acknowledges that each and every one of those census is shows the presence of indians residing  private trust for this trial and nine hundred thirty three the tribe is existing at the chico range contacted the federal government the federal government treated the tribe as a sovereign as a political entity and had discussions about taking the tribe that was under federal jurisdiction tracing it back not just to the eight hundred fifty one treaty but to what i was starting with right here which is the fact that you have children who will then be a schools the fact that you have a federal government treating the tri all throughout its occupancy have this ranch here as a government entity and they continue to do so when they created the range here in one nine hundred thirty nine and then again when it terminated their insurer so congress passed the california  settlement that was negotiated between the government and the tribe in one nine hundred ninety two through the litigation again the government treated the tribe as a federally recognized tribes and recognized it again in one thousand nine hundred two since that recognition  mentioned all of that discussion that's not in there that's not in the secretary's decision but more in that record in the car see very discussion so you're not actually arguing that the secretary did mayes the determination have treat negotiations bidwell himself went out and gathered all the local tribes to include them in the mature to sign a treaty with the united states of america unlike professor beck come who characterized it as a to do so all the way through and up until terminations which i was referencing earlier we talked about these is the government evaluating just focusing the zeroing in i know this isn't the approach that that that the secretary to put zero in on what your opponent has characterized as sort of when the thread in the early twentieth century how do you put any more flesh on the bones of how the government dealt w how the united states government dealt with that census information when notion that there was they were not really present as try on the ranch there were a number of different people and a kind of ethnic mix and  the party talks about that in all three of the decision just to start out and i mean i provided a string saying my brief but you know to this claim that we did not address or that the department somehow did not address professor beckham is is not supported by the record i mean on the very first what yes it's true this this clerk has a view that it was nothing but a mixed group of idiots that's that view was not shared by other department officials in fact even if you are even looking at his use alone they can terminate the trust relationship that existed at that time talking about the censuses i mentioned this earlier every single census shows the presence of the department recognized that there was an influx of other indian tribes the department talks about how those other indian tribes became department gets to weigh the evidence the department gets to look at what the parties put before it gets to go through and he didn't this case i mean this is a thorough well reasoned decision has the district court recognized the department goes through each and every one of these pieces of evidence department gets to choose the methodological of roche which is not just a question of way evidence but action of sort of maybe higher order judgments about how relevance is  remanded to the district court the district court asked the parties how should we go about complying with this court's order all three parties submitted something to the district court saying here's what you remained were to look like let me let me just a little bit more specific on the methodological question that i was asking one could you read the record to show the department relying more on the survival and continuity of culture cultural practice  and group identity and that county to be countering but you're not responding to our evidence evidence which in its own terms looks at ancestry in sort of blood quantum and my sense is that the department does not is unconcerned by the notion that some of the members that it is counting as tribal members may suggested the same evidence that the tribe or that they're counting sees me is putting so much weight on these the census reports is not the only evidence in this record and that's important because you look at the record as a whole and whether you can it's an established by substantial evidence to support the conclusions reached by the department and so in this particular case what you have is a sort of one who is i started with what you have is not just census reports which the department candidly and does directly address in its decision but you have all of this evidence in the record starting with a pre contract going through the tree going through the early twentieth century where there were children all in the schools going through the way the federal government interacted with the tribe throughout the period that it was residing at the big wells ranch and that's the evidence that we're relying on so it's true that there are in as with any tribal case you may have headed into the historical record that points one way you may have evidence that points another way the department's job is to go through and the department does not need to accept their reading of the historical evidence of the department's job to go and address that evidence which it has done in this case it's done throughout the decision and the department has aggressed country evidence clearly and said does qualify i would like to point out own it's unclear to me that the county commissioners of war are not challenging their status as a restored tribal recounting is this particular partial it's unclear to me how the fed has a restored tribe would process that the extension of time for the appellant was school was correct and reasonable under the a p a one extension they were granted to submit information in response to our submission and finding that the overall decision in january twenty fourth was a very difficult case here and that if they don't challenge the political status of the mage you tried it's very difficult to find out where there would be a broken link in the chain of recognition that there's a broken link well they didn't challenge the eight hundred fifty one political relationship in fact rather better songs that are saying it but they say it's a different entity now from that yes but they did not the beck report which they were alive in two thousand and six did not even mention immemorial we go back to first contact in this case the documented relationship with the treaty time and if there's not a relationship like that in the tribe cannot be tried so the apartment has probably found that they are a tribe they've  so what she found is that the court families were the same throughout the history of the tried and if you look at things even like the appellant just cited in his opening statement he said that look at the seat of the randolph came to the tribe in  that alone well there's actually no bands there but if you look at the rest of c w randall's report he says things like the he had the honor to advise and i visit this band of indians last saturday and i know before and i have known before that is a band of indians was occupying land belonging to the ball state the indians established a headquarters on the ranch this band of indians had the opportunity pass to acquire land here they are practically no gardens on the track now occupied by are remnants of a band actual clerks who went there so there's i had read recently chief there's to be a home for them later they have been here for years i know this band and so that's the choice that interior had to find was have you weigh these type of reports and  well for example the anthropologists in eighteen eighty seven found that there were certain words of that which would be used only for themselves for seasons forty years later curtis found that the same words were used for seasons as well so there was a language community my time's expired and all right thank you very much for a thank you steady rock a rock steady part of the community it was a lot of inflexion outflux and it shows in the census records and so when we say that they were not recognized that you know what so what i'm saying is this trial is fed recognized but i'm saying this tribe does not track as a tribe back to the treaty tribe of a few fifty one i don't think anything that's been said here contradicts what and you just doesn't have to i know that that is the way that the secretary framed it sounds that's very important but this isn't a general matter if they had framed up their opinion in terms of dating back to the one nine hundred thirty s well ok but we certainly he certainly is cognizant of it and that's been the treaty from which the track has been made all along so that it's again this tribe can still do gaming on that land but they'd have to go through a different section of the statute they have to establish certain things they don't have to establish under the restored land supervision which is why that pursuing it which would include certain environmental concerns that are not part of this case because they were necessary restored limbs issue so there's a lot of reasons why the county has spent the time and i would say a lot of money on this case because it's it's the restored lanes issue without any ability the county even discuss any concerns they might have about them about whether or not as a matter of environmental law there's a good site for the county or even will certainly for the try to get certain they can so there's a lot of issues not before the court