MN American Indians, Indian Tribes and Health Disparities 101 Presenter Jackie Dionne MDH Director of American Indian Health Tribal and Community Liaison Minnesota Indian Reservations and Indian Communities Enrolled Pop. 1.White Earth 19,400 9,562 2.Leech Lake 9,372 10,660 3.Red Lake 11,422 5,896 4.Bois Forte 3,443 874 5.Grand Portage 1,100 565 6.Fond du Lac 4,044 4,250 7.Mille Lacs 4,414 4,907 8.Upper Sioux 493 493 9.Lower Sioux 1,115 1,115 10.Shakopee 568 568 11.Prairie Island 800 400 Overview of Indian Tribes in MN • There are seven (7) Anishinaabe (Chippewa, Ojibwe) reservations and four (4) Dakota (Sioux) communities. • These are the lands retained by tribes after ceding large portions of the original homelands. • Reservations were created through treaties, up to 1871. • After 1871, they were created by Executive Order of the President of the United States or by other agreements. They were then called communities and not reservations. • There are 567 federally recognized Tribes in the United States and over 40 state recognized Tribes. History of American Indians Fur Trading is the earliest European/Indian relationship beginning in the early 1600s, until about 1840, the fur market collapsed, then land was instead sought for minerals, timber and farming. Marshall Trilogy (1823‐1832); three Supreme Court ruling by John Marshall played a significant role in the development of federal Indian law. Three cases formed the basic framework of federal Indian law in the U.S. Johnson v. M’intosh (1823) Cherokee Nation v. State of Georgia (1831) Worchester v. Georgia (1832) History of American Indians The Indian Removal Act was signed into law by President Andrew Jackson on May 28, 1830, authorizing the president to grant unsettled lands west of the Mississippi in exchange for Indian lands within existing state borders. A few tribes went peacefully, but many resisted the relocation policy. During the fall and winter of 1838 and 1839, the Cherokees were forcibly moved west by the United States government. Approximately 4,000 Cherokees died on this forced march, which became known as the "Trail of Tears.” In MN in 1850 there was the Sandy Lake Tragedy where over 400 Ojibwe died from forced relocation to the White Earth Reservation. History of American Indians From 1805 to 1867 there were 41 treaties with the U.S. involving indigenous people/land within MN Territory. Treaties were the European concept of title to land. “Why Treaties Matter” a display developed as a partnership between the Minnesota Indian Affairs Council and MN Humanities Center. http://treatiesmatter.org/treaties/timeline This website had good information on treaty making in MN. The good and the bad. Brief History of American Indians Assimilation policies and boarding schools were devastating to Indians. In 1869, religious groups were given responsibility for running reservations. Allotments were also devastating and individuals lost their land through swindle and corruption. The General Allotment Act (Dawes Act) was passed in 1887. The allotment process ended with the passage of the Indian Reorganization Act (IRA) of 1934. Minnesota Ojibwe (Chippewa) Reservations Bois Forte Fond du Lac Grand Portage Leech Lake Mille Lacs White Earth Red Lake Date of treaty establishing reservation Original reservation acreage April 7, 1866 103,863 Sept. 30, 1854 97,800 Sept. 30, 1854 40,422 Feb. 22, 1855 Feb. 22, 1855 Mar. 19, 1867 Oct. 2, 1863 Minnesota Dakota (Sioux) Community 549,163 61,014 709,467 543,528 Acres allotted to individual Indians in 1935 56,471 40,903 24,975 75,575 1,920 673,257 Reservation not allotted 1996 Reservation area 105,284 100,000 47,000 602,880 61,000 837,120 Date community was established Acres of tribally owned land (2002 BIA numbers) 31,620 23,077 39,938 15,762 4,047 75,696 564,426 Acres of individual trust lands (2002) % of original reservation now tribally owned 11,506 16,823 6,695 30% 23.6% 98.8% 11,626 140 1,952.83 2.9% 6.6% 10.7% 100% Original Acreage Current Acreage Shakopee Mdewakanton ~1889 258 661 Prairie Island 1889 120 1,807 Lower Sioux 1887 ~ 1893 623 1,785 Upper Sioux 1938 746 1,218 Brief History of American Indians Indian did not become citizens until 1924 by an act of Congress. The Indian Reorganization Act of 1934 marked a major change in federal policy. It became the “New Deal” program for Indians. By the 1950’s, there was a sharp reversal in Indian Policy. Termination was seen as the final solution to the “Indian problem”, the way to get government out of the “Indian business”. Over 100 known tribes were terminated. Many more tribes were terminated that were not recorded, we don’t know the exact number. Brief History of American Indians Indian Religious Freedom Act was passed in 1978. It was enacted to protect and preserve the traditional religious rights and cultural practices of American Indians. BIA Relocation Program of 1951, was another attempt at assimilation of American Indians, and was the main policy that lead to large number of American Indian moving into urban area across the country. In 1953, Congress enacted a law, commonly referred to as PL 280, which created criminal and adjudicatory civil jurisdiction in certain states over acts committed in Indian Country. Those states are Wisconsin, Oregon, California, Minnesota and Nebraska. Reclaiming Sovereignty in the 1960’s. The 1970’s Self‐Determination and Education Assistance Act of 1975. Brief History of American Indians Moving towards Self‐Governance in the 1980’s and 1990’s. Taking on managing and control of their own programs and businesses. Establishment of Tribal run Casinos that has brought revenue to the Tribe that wasn’t possible before gaming. Tribes have been able to provide “general revenue” funding for programs and services that was not available before gaming. Brief History of American Indians For American Indians, between 1950 and 1980, the urban population had risen to 64% (of the total American Indian population) from only 8% in the 1940’s. Urban American Indian communities in Minnesota The largest urban communities in Minnesota are Bemidji, Duluth and the Twin Cities Urban communities are inter‐tribal American Indians living in urban communities can often feel isolated MN American Indian Demographics The total American Indian population in the state is 101,900. Hennepin County’s American Indian population is 21,206 Ramsey County it’s 9,276. 60% of all American Indian live off the reservation in the U.S. MN Indian & Poverty 39.5% of all American Indians live in poverty, a rate 4.4 times higher than Whites (2010) Poverty rate for White is 10.6% MN Indian & Social Determinates 17.8 % of American Indians have less than a high school education, compared to 6.8% for White. That means that American Indians are 2.6 times more likely to have less than a high school education compared to Whites (2010) MN Indian & Social Determinates 18.8% of American Indians are uninsured (2009) 2.4 times the White rate. The American Indian male unemployment rate was 26.9%, 3 times higher than the White male rate (2010) American Indian Health Disparities in MN American Indians have the highest rate (73%)of being overweight or obese, of any single population group in Minnesota. American Indians have the highest rate (23%) of five or more ACES than any other single population in Minnesota. American Indian Health Disparities in MN The Infant Mortality Rate for American Indians is the second highest in the state at 9.4 compared to white at 4.5 American Indians have the highest rates of smoking in the state at 60% American Indians have the highest rate of diabetes at 18.6%. American Indian Health Disparities in MN Overall, American Indians (18.3) in MN have a suicide rate that is 1.7 times the rate of Whites (10.9) American Indian male and female mortality rates are 1.5 times higher than White mortality rates. Federal Indian Policy and it’s impact on the health of Tohono O’odham & Pima Indians in the Southwest Federal and local water rights policies directly impacted Tohono O’odham and Pima Indians in the Southwest U.S. and was a major contributing factor in the rise of diabetes in their community. Nearly half of the adult population have Type 2 Diabetes (show video – Bad Sugar: Unnatural Causes produced by California Newsreel) Policies that impact the health of Tribes throughout the county Treaties between the Federal Government and American Indian Tribes ‐ most of the land that is now Minnesota was ceded to the U.S by Ojibwe and Dakota people over a 30‐year period (1837‐ 1867). Many policies were made to terminate or assimilate American Indian, one that impacted the well‐being of families the most, was the forced the removal of Indian children into boarding schools. Promises of the Treaties American Indians were starving on reservations, due to the lack of ability to hunt, fish and gather in the ceded territory. Treaties included promise (guarantee) of certain provisions, one of the major provisions was food. War Department supplied rations and later commodities ‐ high in fat and sodium; low in nutritional value American Indians had to make due Rise in diabetes and other chronic conditions related to commodities Health care for American Indian is grossly underfunded. Tribes and Indian Health Services Indian Health Service is the Federal entity responsible for health care on reservations. CHSDA – Contracted Health Services Delivery Areas http://www.ihs.gov/chs/index.cfm?module=c hs_requirements_chsda Tribes and Indian Health Services Three Ojibwe Tribes; Leech Lake, White Earth and Red Lake have an IHS run clinic/hospital and a contract for services. Eight Tribes only have a 638 contract for service. Four of the eight have a tribally run clinic. Three Dakota communities do not have a Tribal clinic. Only one Dakota Tribe, the Shakopee Tribe, has a Tribally run clinic. Indian Self‐Determination and Education Act of 1975 The Indian Self‐Determination and Education Assistance Act of 1975 (Public Law 93‐638) authorized the Secretaries of the Department of Interior, Health, Education and Welfare and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes. The tribes would have authority for how they administered the funds, which gave them greater control over their welfare. The ISDEAA is codified at Title 25, United States Code, beginning at section 450 Sovereignty • American Indians have a unique relationship with the US Government • Nation to Nation Relationship • No other cultural group has this relationship • American Indian Tribes have the inherent right of self‐ government. From the earliest years of the Republic the Indian Tribes have been recognized as “distinct, independent, political communities” by reason of their original tribal sovereignty. • Entitlement vs. “Special Treatment” myth Tribal Sovereignty and Self Governance Features of Tribal Governments Elected officials, voted into office by the Tribes membership, and their own constitution Civil and regulatory jurisdiction over their own lands and individuals who reside on tribally owned lands Operate and regulate on their gaming and businesses on their reservations without state regulation Example: The White Earth Nation is the process of under taking all the county human services for their population. Current state policies that uphold the Government to Government relationship • Governor Dayton’s Executive Order 13‐10 • Tribal‐State Relations Training coming in 2014 • The Minnesota Indian Affairs Council • The Tribal Liaison/Tribal Affairs principle point of contact for 12 state agencies. Protocols for Working with Tribes Protocols for working with Tribes MN Indian Tribes State webpage This link has a link to all 11 Tribes in MN with more information on each specific tribe. https://mn.gov/portal/government/tribal/mn‐indian‐ tribes/ American Indians, Indian Tribes and State Government February 2014– Research Department MN House of Representatives www.house.mn/hrd/. Copies can be requested by calling (651) 296‐6753 Discussion and Questions Contact information Jackie Dionne Director of American Indian Health MDH [email protected] American Indian Historical Timeline In The Rights of Indians and Tribes by Stephen L. Pevar, it is suggested that Federal Indian policy can best be understood when placed in historical perspective. The brief summary below attempts to highlight changes in the way that the federal government has dealt with American Indians and Alaska Natives and some of the resulting trauma. 1492-1787: Tribal Independence • Peaceful relations when it suited the interests of Europeans • Violence between Indians and settlers increased over time • Disease, introduced by Europeans, decimated Indian population • European population increased at a great rate • There began a pattern of invading Indian territory and_taking possession • After Revolutionary War, Americans began the quest for land 1787-1828: Agreements Between Equals • Indian tribes were viewed as separate nations and negotiations were done by treaty • Indian tribes were strong militarily and still a threat • Law were passed to protect against the taking of Indian land • Few of the laws were actively enforced and expansion was encouraged 1828-1887: Relocation of the Indians • "Removal of the eastern Indian tribes to the West" became dominant policy • US is stronger and does not need to avoid hostility with Indian tribes • Indian Removal Act of 1830 led to treaties that forced most eastern Indian tribes to the west • Discovery of gold led to further expansion and sfaughter of food source- bison • By 1887, 200 boarding schools were established with 14,000 Indian forcibly enrolled • Federal courts were authorized to prosecute Indians who committed certain crimes or:, the reservation • 1871 Congress passed law that stopped additional treaties with Indian tribes • Indian tribes no longer seen as independent nati_ons 1887-1934: Allotment and Assimilation • Assimilation into white society became the new federal policy • 1887 General Allotment Act (Dawes Act) sought to extinguish tribal sovereignty, erase reservation boundaries, and force assimilation . • Surplus lands sold to non-Indians • Tribal culture was completely disrupted: communal life destroyed, land taken away again, and outsiders allowed to live on Indian reservations • Congress allowed Indian land to be leased to non-Indians, controlled funds that resulted from the leases, and determined when to distribute the funds 1934-1953: Indian Reorganization • 1935 Indian Reorganization Act {IRA)- Federal Indian policy changed as this law was enacted to protect the remaining Indian land base, encourage Indian tribes to adopt constitutions, and engage in self-government The IRA has been criticized as paternalistic, ethnocentric, and insufficient 1953-1968: Termination • The IRA goals were abandoned and federal policy changed again • Termination of the federal government's trust relationship with Indian tribes became the new policy with the goal of assimilation {again) • Federal benefits and support services were eliminated. • 1953 Public Law 280 gave six states criminal jurisdiction over Indian reservations • 1956 Relocation program offered job training and housing assistance to Indians who would leave the reservation for urban areas • Many tribal governments were disbanded and reservations abolished 1968-Present: Tribal Self-Determination • Federal Indian policy changed to one which promotes tribal s_overeignty and self determination. • Since 1968, the legislative and executive branches have attempted to provide measures which improve would improve the social and economic life of tribes and their people • However, since the 1970s, Indian interests have lost more than 80% of the cases decided by the Supreme Court This summary was compiled from The Rights of Indians & Tribes by Stephen L. Pevar, Fourth Edition (2012), Oxford University Press, New York, NY MDH Tribal Consultation Policy Policy Statement Recognizing the unique legal relationship between the State of Minnesota and the Minnesota Tribal Nations, the Minnesota Department of Health (MDH) requires that the principles outlined in this document are to be considered in all matters that further the MDH mission of protecting, maintaining and improving the health of all Minnesotans. This policy applies to all programs and divisions within MOH and shall guide meaningful consultation between Minnesota Tribal Nations and MDH in policy development as set forth in this policy. A unique government-to-government relationship exists between federally recognized Minnesota Tribal Nations, the state of Minnesota and the United States federal government. The U.S. Constitution, numerous treaties, statutes, Federal case law, regulations and executive orders, as well as political, legal, moral, and ethical principles have recognized the right of Tribal Nations to self-governance and self-determination. Tribal Nations exercise inherent sovereigt;t powers over their members and territory. Minnesota Executive Order 13-10 entitled "Affirming the Government-to-Government Relationship between the State of Minnesota and the Minnesota Tribal Nations: Providing for Consultation, Coordination, and Cooperation" was signed by Governor Mar~ Dayton on August 8, 2013 and reaffirms the government-to-government relationship between the State of Minnesota and Minnesota Tribal Nations. Implementation of the MDH Tribal Consultation policy underscores the importance of this government-to-government relationship. Purpose and Scope The purpose ofthis policy is to encourage and ensure meaningful involvement of Tribal Nations in decision-making through consultation in public health matters that affect Tribal Nations and Indian people. The involvement of Minnesota Tribal Nations in the development of public health policy allows· for locally relevant and culturally appropriate approaches to public health issues impacting the Tribal Nations and promotes recognition of the tribal/state role in the health of tribal communities and supports approaches that are rooted in the culture ancl experience of Tribal Nations that will result in improved program performance and positive health outcomes for tribal communities. This policy does not waive or diminish any tribal governmental rights, including treaty rights, sovereign immunities, or jurisdiction. This policy does not waive or diminish any rights or protections afforded American Indian persons under federal, state, or Tribal law. This policy does not waive or diminish MDH's responsibility to uphold laws, rules, directives, or other legal requirements or obligations imposed by state or federal law, or set forth in agreements or compacts between one or more of the Minnesota Tribal Nations or any other Tribal Nation and the State or its agencies. This policy is not intended and does not create any right to administrative or judicial review, or any other right or benefit or responsibility, substantive or procedural, enforceable against the MDH, its officers or employees, or its subdivisions or any other persons. Nothing in this policy prohibits or limits MDH from asserting any rights or pursuing any administrative or judicial action under state or federal law to effectuate the interests ofthe State of Minnesota. Consultation Consultation for purposes ofthis policy is defined as an enhanced form of communication that emphasizes trust, respect, and shared responsibility. It is an open and free exchange of information and opinions among parties, which should lead to mutual understanding and comprehension. Consultation is integral to a deliberative process that results in effective collaboration and informed decision-making with the ultimate goal of reaching consensus on issues. MDH will consult, as defined in this document and as practicable and permitted by law, with Minnesota Tribal Nations before taking action that will significantly affect one or more of the eleven Federally recognized Tribal Nations in Minnesota. The MDH Tribal Consultation Policy will be reviewed with the Minnesota Tribal Nations no less than once every two years to assure that it is successfully meeting the needs of MDH, Minnesota Tribal Nations and the state. It will be MDH policy to conduct timely communication and meaningful consultation as outlined within this policy with Tribal Nations where elected officials and other authorrzed representatives of the Tribal Governments have an opportunity to provide meaningful and timely input to legislative proposals or fiscal notes, new rule adoption or other policy changes that may significantly affect Tribal Nations, or where one or more Tribal Nations has communicated to MDH that such action will significantly affect them. An action is considered to significantly affect a Minnesota Tribal Nation if there is a reasonable presumption that the action has or may have substantial direct effects on • Indian people or one or more Minnesota Tribal Nations, • The amount or duration of MDH program funding or delivery of services for one or more Tribal Nations, • The relationship between MDH and one or more Tribal Nations, or • The distribution of power and responsibilities between the MDH and Tribal Nations A consultation is initiated when either MDH or one or more Tribal nations makes a written request to the other for a consultation. The consultation request should: • Identify the subject issue(s) for attention • Include the applicable program(s), policy, rule, regulation and/or statute • Include impact or potential impact to Indian people or Tribal Nation(s) • Identify the affected and potentially affected Tribal Nation(s) Principal Point of Contact • The MDH Commissioner or Deputy Commissioner or Director of American Indian Health at the Minnesota Department of Health, and • Tribal President, Tribal Chair or Chief Executive Officer, or an elected or appointed Tribal Leader, or their authorized representative. Each party will identify a Principal Point of Contact and will notify the other parties involved of the designated primary point of contact for consultation requests. Consultation Process Annually, MDH will consult with each Minnesota Tribal Nation to identify any priority issues for consultation for the year. During the course of the year one or more Tribal Nation(s) or MDH may request additional consultation by contacting the Tribal or MDH point of contact. MDH will acknowledge receipt of a tribal consultation written request within 14 calendar days after r-eceipt of the request, will negotiate the particular consultation process within 21 days, will inform all Tribal Nations of the consultation process and provide them with access to the consultation process, will accurately record a narrative summary of the ideas exchanged during the consultation process including any actual or possible outcomes ofthe consultation, and will complete and send within 30 days of the conclusion of the consultation process a written report for review and comment. Tribal Nations involved in the process will have 30 to comment, request amendment, or provide additional information to MDH. A final Consultation Report will be provided to all Tribal Nations. Consultation will occur through a combination of one or more methods agreed upon by both MDH and the Minnesota Tribal Nation(s) and could include meetings face-to-face, by teleconference or other technological formats, or by letter or e-mail correspon<;lence. MDH will initiate review of the MDH Tribal Consultation Policy with Tribal Nations.no less than every two years to assure the policy continues to meet the principles contained in Minnesota Executive Order 13-10. The MDH identified principal point of contact will be responsible for assuring that all program areas within MDH are aware of and incorporate the MDH Tribal Consultation Policy into their work and that the process is coordinated within the Department of Health. This policy is effective on the date of signature by the Commissioner of Health and shall apply to all MDH programs. Agency Signature: t::L~ .~./.(~ ,. ~ ~ ·- -~~· Edward P. Ehlinger, MD, MSPH Commissioner Date ofSignature: February 26, 2014 American· Indians in Minnesota: PROTOCOLS FOR WORKING WITH TRIBES The follozdng list ofsuggestions is prot'idedto help st,ue agency st.if!develop soundrelationships with their trib,dcotmterp,u-;. V1,mk you tu the /l,fim1esot,i I11di,w Ajfoir, Council and rhe· Tribes for this i1ifi;nnatio11. Upd,ued 111/99. • Meetings with tribal council officials and staff sho1,1ld, ifpossible, be conducred between the same level ofofficials. • Respecr Tribal council officials as officials of government. • Tribal council officials expect to be treated in the highest piofessional manner when conducting business. • Like all business relationships, honescy and im:egriry are highJy valued. A sense qfh~or is appreci;i~ed bur generally, serious, business li~e behavior is appmpriat~. ·· . Iii Personal interest in tribal palirical and cultural history is appreciated but don't let yo~ personal interest interfere with your mission oi: t¥k. Whe~ possible, do your homework ahead of time to help you und,ersrsind ~ siwaripn or issue. • U ndemand thar there are different '\.vays of . commµnicating. • During negotiations, prepare ro discuss all aspects of an issue at hand simultaneousk rather than sequentially. · • Und~rscand that there are different ways of communication. Seemingly exrra;eous da1:q. may be reviewed and re-revievved. • Always shake hands when. imroduced, meeting someone and departing. It is customarv IO shake hands wirh even-one in the room~ , • For business meetings dress formallv. • Traditional authorities ofi:en do nor rdare well to written communication and may find face-co-face consultation more approp;iare. a Like most people, American Indians object to being "consulted" by people who hav~ little intention of doing anything in response to their concerns. Be prepared to negoriare -- to the extent you have authoritv -- ro find ways to accommodate the group'~ concerns. A~d be prepared to respond with reasons why the advice may or may not be followed. • Do not rely solely on letters or other written materials to nociry· ' tribal goven'unents of proposed plans or actions or 'to seek consultarion. Many groups lack the funding or administrative support to receive and respond efficiently ro ieti:ers. Letters may not reach the people who are most concerned. Follm.v up written communications with telephone calls or in-person contacts. • Tribal Governments usuallv are not \veal rhv. It may be difficult for tribal officials to con;e to ~neerings or exchange· corr~spondence. In addition, traditional leaders are busy people with responsibilities in the social and cul tural life of the commi.miry. Be c.1l"eful how you use their time and a,·oid causing undue Page 1 of 2 expense. In addition. tribal governments generally do not have large stall, to assign ro meetings, follow-up, etc. • Remember thar American Indians may pen:eive themselves as having a long history of uneven relationships with the U.S. government. They may be suspicious of your proposals. Do nor expect a sympa,d;1.etic atrirude to be aurnmatic. • Be flexible about deadlines, if possible. To be effec;rive,, rry. ro follow the most narural ~~ule. If the mission requires that particular d.e~cl.lines must be sec, .be sure to exp!~- what they are and why they must exist. Expect to n~o-otiare about them. i you "Success is not so closely rdated to ·whac type of state organization, office, or committee has been ser up to deal wirh tribal issues as it is a function of (l) how invoked (American Indians) are in the polidcal structure; (2) how good die com munication is between different bmnches of government dealing with Indian affairs; (3) how good the comnmnication is benveen state: government offices and (American Indian) communities; and (4) how much rhe employees ofthose offices understand and care about stace rribal relations:" Finally, remember what the NCSL's State and Tribes.'. B£iikl~ni New Traditions publication says: "Coo~tive state-tribal government relation ships are difficult: establish. Wich slim guid ance from'the U.S. Constitution and inconsis tent foundations in case law, states and tribes are forging thefr ·ways in legal wilderness. to Those consult with might not be able to answer quesr;ons imrnediardy. They have to r.~i,n.k about it and consult with or.l;iers. As a result, it may be necessary w pose.a.q;u~tion and then go away. while tl;iey ' I. . • .. consider and debate the matter. mar ~ • Do -~ht,a,.~~~0e om: Amer~can Indian speaks, for all A.mei:ican Indians qi tribal gover11me~rs. Take advantage oforganiza tions like the. Urban Indian Advisory "The primary governmem--to government relationship fcir most tribes is at the federal level. Because of ill-defined relationships and imprecise qefinitioiis of regularory authority, state and Indian tribal goven1ments are ~ften on their own to work out one-to--one arrangements." Co~cit'~or pi;oad inpu~.. Accordii;ig.to a ~µryey 9y the National Confer ence o(Sri~e ~gfsl~rures " ...;;.r~Fe ?Jf? r~ibal . govemmeri~ t~at yv<,)rk togethe~ (}n. l~ conrro Yersial issues learn about each other in rhe process.. c:;ollal::,oration requires a willingness ro ovei:look \Vhat mighr seem to be glaring differ encesir;i.,ord~r (0 search. for common ground. Increased und~rstanding and communication that results from cooperation on less demanding t·wove~., is.st~~· £6s~ers. ~:.. together m the..fdnrtl!-, ability t()?vor~ · ·•. · Page 2 of2
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