they did not when my clients who are subclass of the blackfeet try living in a hundred and fifty three houses built under a program they were claims when when what we are simply asking is little better but if you allow me i'll try to answer this the government we believe abandoned their responsibilities like being the sole source of funds to their tribal housing authority telling the housing authority how  allowing me to clarify this year are we don't want these houses are not suitable for us if you don't get these houses you don't get any houses ok we'll take these houses and try to make the best  with the rain so that is a very gray area it's my understanding that the builders of the homes soon thereafter went bankrupt least relevant points regarding obviously from the different countries questions are just got three of statute of limitations of what type of warrant you see how long that they would have run under indian house programs that were in existence at the time this was filed i believe the court should not be distracted by those questions which are more properly directed to the district court of want to remain the most important point the plaintiffs stand that they are waivers of sovereign immunity under those acts that would allow players to come forward on a federal question jurisdictional basis the most important point is that plaintiffs have shown that there are current duties immune housing in the past and still today providing current remedy for the situation of the plaintiffs yes plaintiffs are seeking monetary relief in the alternative in th expended in complying with a mandatory injunction or an affirmative or prospective injunction from this court does not make a claim for money damages  and exercised powers of self government additionally under the next section of the indian reorganization act those governments which had worked in nice themselves were able to take the next step into our great themselves into business as section sixteen of the indian reorganization and there has been a very broad brush painted for decades in this country it says because the tribal government reorganization act then went further and incorporated business agencies that was done under section seven g of the indian reorganization act as a corporate energy in the one nine hundred forty s the department of interior secretary of the department of interior was presented with the question of whether indian nations too were organized or not and who the indian reorganization act would be worthy able capable or intended to be recipients of federal funds of housing money the answer from the secretary of the department of interior was a resounding yes it will apply to indian peoples and it applies because under the indian reorganization act they not only exercised their cars of self government they went further and incorporated with public corporate structures able to engage in business and commerce and it was because they were willing to step into the world of commerce hundred forty three partment of interior opinion that black the people have always been very strong very restrictive in their rights they were the first nations to receive these kind of funding and it's made clear in the secretary opinion that the reason indian tribes like the blackfeet will be capable of it ministry low income and state and slum housing programs is because they are incorporated and quote particularly the ability to  and were firm in those cases the montana district has consistently taken the approach that tribal sovereignty that of the tribe and the powers of self government is inviolate that's not what  the month channa district courts in a few others have recognized is that when the indian nations step into the world of commerce they are liable to be sued they may s finally our last point is it was there for the courts to find that the only remedy for these plaintiffs was under the indian tucker act before the federal court of claims for three years different and i constrained from the other cases you housing your order is the single fatal flaw which runs through all of the claims in this case all of the play the plaintiffs in this case can be summed up by the one simple principle and that is lack of due to the lack of water lack of duty your honor there's simply no basis in the law for the support of the expansive duties that the plaintiffs seek to impose upon the government in this case the preferred pursued through the housing authority because the housing authority had a contractual relationship with the developers of the projects and the sellers of the products so it quite quite possibly could have happened and they have  traditional products based actions against them and i have a question for you sir with when you raise the issue of whether there's a duty and it's sort of a fundamental issue here is then an issue as to the united states that we reached in relation to were integrated with sovereign immunity analysis or is there an issue that we would give to only if we that there is a general trust relationship between the united states and the indian people and that can impact in the way the court interprets as for statute statutes properties on that list  those individuals took up residence in these homes the district court found that there was no evidence in the record that indicated that there was an additional action by not sure if the mutual help agreement is we voluntarily produced the ordinance number seven and the various things that you do see in the record with regard to blackfeet tribal law so i well it's just not in the record they had an opportunity to ask for it they never asked for it they asked us to provide all kinds of information and we did we could i mean i suppose if i and i don't know how the court would feel so when they're conveyed the person becomes an actual home owner and with that goes the lease for the trust land that we lack in housing typically in the mutual help agreements g the other more is right now not that i'm aware of capping those leases or what twenty five years or twenty five years we knew about for another twenty five and had when when yankton suitcase coming out of the a circuit deals directly with whether providing housing services is a governmental or corporate activity it's nonprofit it provides housing to tribal members tribal members only it's what governments do it is not a commercial activity blacky housing is not making money off of this the tribe is not making money off of it it is it is simply what governments do and if you look at corn as number seven actually which is in the something if it doesn't do the right thing with respect to the residents i guess your your position is there might be a political remedy in the how the privacy governed but there's the you can't sue the  all the other issue that bothers me a little is whether there are any fact issues in this case on which discovery might make it clear if there's a waiver of sovereign immunity sense in light of the supreme court's hand our jurisdiction you know montana and the kids with the follow that like straight that seem to restrict the ability to  tribal court but not in federal court because i'm worried that that wouldn't make sense because that would leave claimant with an ability to sue only if someone they could soon address some of the defendant i've i'm not actually it was an employment discrimination in employment terminations case as i recall i don't know if there was a specific contract between garcia and the housing authority i would think some of the houses are in very bad disrepair and would would have to be demolished some others may be able to be remedied with less than demolish but it would  any maintenance program as well for the other houses that are that are in their housing stock that you know there are other problems as well that are attempting to being addressed with problems i might be wrong but it could be a judgment would be against the united states but let me ask this if you didn't mediation and you don't mediation in this case are you saying it wasn't couldn't be and the federal housing programs and talk about it must be noted that in addition to those original owners are accurate inside the home there now been hundreds and hundreds of other members as leases turn over their individuals they moved into the homes that have never heard of these programs nor think seen any documentation the district court was concerned with the threshold jurisdictional special jurisdictional questions that are presented here no there has been no factual discovery whether additional discovery would flash out anything regarding the existence of duties under nasser or any of the earlier acts against the government politely vary the district court in regulations boxes and boxes and boxes of them again i would bring the court's focus back to the fact that the plaintiff's argument in a nutshell is that currently there is a waiver of sarn immunity under nasa that can be cleared by this court currently there are these under nasa regarding existing housing to go in and remaining in repair and i would say specifically twenty five united states code section four one three two where in there the enemy neither is the tribalism or any one in fact if we could join hands and go forth on behalf of these people to obtain the funding from congress according to the native american news broadcast on national public radio of april twentieth two thousand and five this year congress has cut fifty three point one million dollars from indian housing program these things then you know well i don't want to one two three four you get a short space to put it down so it's very very clear where you're going fifteen pages and i mean