[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Notices]
[Pages 36955-36959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15739]


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DEPARTMENT OF VETERANS AFFAIRS


West Los Angeles VA Medical Center Veterans Programs Enhancement 
Act of 1998; Master Plan

AGENCY: Department of Veterans Affairs.

ACTION: Final Notice.

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SUMMARY: On January 19, 2011, the Department of Veterans Affairs (VA) 
published a notice in the Federal Register inviting public comment on 
the Draft Master Plan (DMP) for the West Los Angeles VA Medical Center. 
This document responds to the public comments received and affirms as 
final, with no changes, that Draft Master Plan.

FOR FURTHER INFORMATION CONTACT: For Master Plan issues, contact Ralph 
Tillman, Chief of Communications and External Affairs, Greater Los 
Angeles Healthcare System (00PA), Department of Veterans Affairs, 11301 
Wilshire Boulevard, Los Angeles, CA 90073. Telephone: (310) 268-3340 
(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: In a notice published on January 19, 2011 
[76 FR 3209], VA presented its Draft Master Plan for the West Los 
Angeles VA Medical Center campus (hereafter ``WLA campus'') of the VA 
Greater Los Angeles Healthcare System (VA GLAHS), and solicited public 
comment on the DMP for a period of 30 days. The purpose of the DMP was 
to satisfy the legislative mandate of the Veterans Programs Enhancement 
Act of 1998 regarding ``a master plan for the use of the lands * * * 
over the next 25 years and over the next 50 years.'' This is a land use 
plan that guides the physical development of the campus to support its 
mission of patient care, teaching, and research. The plan reflects 
legislative restrictions on the property and discusses developmental 
goals and design objectives for the campus. The plan includes 
guidelines and criteria for land use and reuse on the campus, which 
provides a variety of services including inpatient and outpatient 
medical care, rehabilitation, residential care, mental health care and 
long-term care services. In addition, the campus serves as a center for 
medical research and education.
    We received 29 comments on the DMP. All of the comments opposed at 
least one portion of the DMP. The majority of comments included one or 
more of the following topics: homeless housing for veterans on the WLA 
campus, existing land use, bicycle access within or through the campus, 
and the plan's level of detail regarding specific projects. The subject 
matter of most of the comments can be grouped into several categories, 
and we have organized our discussion of the comments accordingly.

Comments Concerning Homeless Housing

    There were a number of comments regarding how the DMP addressed 
homeless housing for veterans, particularly permanent housing on the 
grounds of the WLA campus. A single commenter expressed concern that 
increasing services to homeless veterans would negatively impact the 
surrounding community, stating that the VA already attracts ``homeless 
pedestrians'' who ``offend customers by requesting donations.'' The 
eradication of homelessness among veterans has been deemed a priority 
mission by Secretary Shinseki, and it is only in pursuing that mission 
that vagrancy problems are likely to be eliminated. We therefore make 
no change based on this comment.
    The majority of commenters believed the DMP should address the 
increased need for housing and services by veterans who are homeless. 
The DMP did address this issue, under the heading, ``Community Care/
Homeless Programs.'' (p. 38) This section details the numbers of 
emergency shelter beds (55), transitional housing beds (1,500),

[[Page 36956]]

Department of Housing and Urban Development (HUD) Section 8 permanent 
housing vouchers (940), and community residential beds for veterans 
with chronic disabilities (300). In addition, under the heading, 
``Domiciliary Residential Rehabilitation and Treatment,'' the plan 
describes the existing 321-bed facility, which houses both male and 
female veterans and provides coordinated, integrated, rehabilitative, 
and restorative mental health care in a residential program. (p. 38)
    Several commenters expressed concern that plans to renovate 
Building 209 were not sufficient to meet the need for homeless veterans 
housing. Citing a pressing need and possible cost efficiencies, several 
commenters suggested that Buildings 205 and 208 be renovated at the 
same time as building 209. The DMP states that Buildings 205, 208, and 
209 have been identified for potential renovation, to serve as housing 
for homeless veterans. As stated in the DMP, VA ``* * * does not commit 
to any specific project, construction schedule, or funding priority.'' 
As projects are further evaluated and authorized, both the needs of the 
veterans and the historical and environmental impacts of the projects 
will be considered. We therefore make no change based on this comment.
    Some commenters suggested that VA was negligent in its 
responsibility towards homeless veterans, specifically stating that VA 
GLAHS was remiss in not providing shelter. In response, we note that VA 
GLAHS has one of the most recognized programs in the nation for serving 
homeless veterans, called the Comprehensive Homeless Center. The 
Comprehensive Homeless Center has many components dedicated to 
providing shelter for homeless veterans including: access to extended 
residential care for veterans with serious mental health and medical 
problems through the aforementioned VA GLAHS Domiciliary, which has 321 
beds; case management of over 1,500 veterans with mental health issues 
living independently in the community through the HUD-VA Supported 
Housing Program; case management of approximately 300 veterans with a 
diagnosis of mental illness in board and care and assisted living 
facilities; same-day access to primary care, mental health care, and 
housing placement at the centralized screening clinic; and specialty 
dual diagnosis housing programs for veterans with both mental health 
and substance abuse issues. In particular, we note that VA operates a 
widely recognized transitional housing program on the WLA campus, where 
approximately 1,200 community transitional housing beds have been 
secured for homeless veterans. Veterans in transitional housing 
programs stay for 3-to-18 months while receiving a range of medical, 
mental health and rehabilitative services; a high percentage of 
veterans who complete this transitional housing program move on to 
independent housing.
    In addition, the Comprehensive Homeless Center helps homeless 
veterans develop the skills they need to find jobs that will keep them 
off the streets. Homeless veterans are provided access to vocational 
rehabilitation and job-finding programs through private agencies with 
funding provided by the VA and the Department of Labor's Homeless 
Veterans Reintegration Program.
    The Comprehensive Homeless Center has an active outreach program. 
Great efforts are made to locate homeless veterans at homeless 
congregating areas like shelters and rescue missions. Outreach efforts 
also include area jails for incarcerated homeless veterans.
    Because VA GLAHS is already providing these extensive programs to 
end homelessness among veterans, we make no changes based on these 
comments.
    One commenter was concerned with the fact that the WLA campus has a 
zero-tolerance policy toward alcohol and drug use on campus, and how 
that policy affects our programs for homeless veterans.
    Substance abuse is a persistent and recurring issue among homeless 
veterans, especially those coping with mental health problems such as 
PTSD. The WLA campus is a drug- and alcohol-free campus, and as such 
does not support a ``housing first'' model of care. The ``housing 
first'' approach provides housing for individuals regardless of whether 
or not they are currently abusing drugs and/or alcohol. This model 
differs from traditional approaches that require clients to reach a 
certain level of functioning through treatment before receiving long-
term housing. In order to maintain a substance-free campus for the 
benefit of veterans undergoing treatment, VA GLAHS partners with 
various off-campus organizations and agencies throughout Greater Los 
Angeles to safely house and work with veterans who fall within the 
``housing first'' criteria. We therefore make no change based on this 
comment.

Comments on Existing Land Use Agreements

    A number of commenters expressed concerns regarding existing land 
use agreements on the WLA campus. These commenters listed the various 
agreements, and called for the cancellation of all agreements with ``* 
* * all commercial, non-profit, special-interest, non-Veteran 
entities,'' expressing the belief that these agreements were a 
misappropriation of veterans land. The approved Capital Asset 
Realignment Enhanced Services (CARES) plan, which included public 
participation, allowed for retaining existing Enhanced Sharing 
Agreements (ESA) until their respective expiration. It is expected that 
renewal of these ESAs, as well as any new ESAs will need to adhere to 
the guiding principles and criteria set forth in the DMP, once the DMP 
is finalized. Furthermore, each of the existing agreements was executed 
pursuant to and in accordance with 38 U.S.C. 8151-8153 (commonly 
referred to as VA's enhanced sharing authority). The existing 
agreements benefit the veterans' community in some way. For example, 
the ESA with the University of California at Los Angeles (UCLA) that 
covers the Jackie Robinson Memorial Stadium provides veterans' 
organizations such as the American Legion with access to athletic 
facilities, as well as providing free admission to veterans for all 
home baseball games.
    We also received comments regarding the Veterans Park Conservancy 
(VPC) agreement. These commenters each brought up a misperception that 
the VPC agreement will create a park for the public and not for 
veterans. To clarify, the Veterans Memorial Park exists and is being 
used for the benefit of veterans, to enhance and support patient-
centered care, recreation therapy and mental health programs and staff. 
The area will have limited public access, as does the rest of the WLA 
campus. There was concern expressed by one commenter regarding Megan's 
Law, should children be present on the campus where veterans who are 
convicted sex offenders may reside. Again, the campus is a place for 
veterans to heal, and is not available for traditional public use. The 
development of a Veterans Memorial Park does not in any way change the 
local policy on public use of the grounds. Megan's Law applies the same 
today as it will when the VPC project is completed.
    One commenter stated that the ``inclusion of the State Veterans 
Home as Federal VA land in all maps'' was not consistent with the DMP, 
which states that 13.5 acres were transferred to the State of 
California via a quitclaim deed for the use of the State Veterans Home. 
The acreage in question was in fact deeded to the State of California 
in March 2007. The transfer took place

[[Page 36957]]

prior to congressionally imposed restrictions on the use of the 388 
acres composing West LA, i.e. Section 224 (a) of the Consolidated 
Appropriations Act, 2008, Public Law 110-161. The section of the DMP 
that covers Zone 2, the zone that borders the State Veterans Home, 
contains a map that reflects this transfer and defines the Zone as ``up 
to the new California State Veterans Home.'' The 13.5 acre area on 
which the State Veterans Home is located is not included as within the 
boundary of Zone 2, as it is in fact State property. (pg. 28)
    We also received comments about the parking lot at Barrington Park, 
which is under the jurisdiction and control of, and operated by, the 
City of Los Angeles. Some commenters reported that potentially homeless 
individuals sleep in cars and other vehicles overnight in the lot. As 
that parking lot is not within VA's jurisdiction and control, we make 
no change to the DMP due to this information.
    We received one comment regarding the Army Reserve area adjacent to 
the west side of the south area of the WLA campus. Specifically, the 
commenter asked whether this area will become VA property, should the 
Army Reserve no longer have need for this area. The land was part of an 
inter-agency transfer of property to the U.S. Corps of Engineers in 
1955. VA does not have a legal interest in the disposition of that 
property. Therefore, we make no change in the DMP due to this comment.

Comments That the DMP Lacks Specificity

    There were a number of comments regarding the specific details of 
projects and land use programs addressed in the DMP. The DMP is a 
general use plan, and is inherently not project-specific.
    Commenters sought more detail on the heights of buildings, the 
operating hours of projects once completed, the distance from proposed 
project sites to residential homes, square footage of projects, cost 
projections, environmental and historical impact, and many other 
project-specific details.
    As stated in the plan, VA ``does not commit to any specific 
project, construction schedule, or funding priority.'' As projects are 
further evaluated and authorized, both the needs of the veterans and 
the historical and environmental impacts of the projects will be 
considered. Several of these comments were in regard to the specific 
prioritization and timeline for conversion of Buildings 205, 208 and 
209.
    One commenter expressed concern that the DMP inhibited new programs 
on the WLA campus by creating a ``maze of redundant processes and 
unnecessary roadblocks to Veteran-friendly development.'' The DMP 
incorporates legislative decisions such as Public Law 100-322, section 
421(b) (2), which restrict development with respect to public-private 
partnerships. VA GLAHS will abide by the guidelines and criteria set 
forth in the DMP with respect to land use opportunities that provide 
direct benefit for veterans.
    One commenter was concerned that the DMP did not advance the CARES 
plan, expressing that the CARES process should have included a needs 
assessment of all under-utilized and vacant asset on the WLA campus. A 
needs assessment was indeed performed during the CARES process, during 
VA's subsequent Strategic Capital Investment Planning (SCIP) process, 
and preparation of the DMP, to identify the assets that can be 
redirected to better serve the needs of veterans. Therefore, we make no 
changes based on these comments.

Concerns That the DMP Fails To Abide by Restrictions of the 1888 Deed

    Several commenters felt that the 1888 deed granting the West Los 
Angeles land formed a charitable trust that requires VA, as trustee of 
the purported trust, to maintain a National Home for Veterans. Some of 
these commenters felt that the DMP was a violation of that purported 
trust by suggesting the land be used for purposes other than housing 
veterans. VA disagrees with the assertion that the 1888 deed rendered 
VA a charitable trustee for the WLA campus. The 1888 deed contained 
certain language expressing the donor's desire that a National Home for 
Veterans (NHV) be built on the underlying property that was donated to 
the United States, which land is now under VA's jurisdiction and 
control. The donor's desire, while merely an expression of purpose and 
intent of the donation, has been satisfied, as a NHV was built on the 
WLA campus. Notably, the NHV still exists on the campus.
    Moreover, in Farquhar v. United States, 912 F.2d 468 (9th Cir. 
1990), descendents of the original land donors previously challenged 
the ability of the United States to transfer a portion of the land 
donated under the 1888 deed. In denying the descendants' position, the 
U.S. Court of Appeals for the Ninth Circuit held that the creation of 
the NHV (i.e., the Pacific Branch of the National Home for Disabled 
Volunteer Soldiers) in the same year that the land was originally 
deeded to the United States, satisfied the donor's desire (i.e., 
purpose and intent) for donating the land to the United States.
    Based on the foregoing, we make no change based on this comment.

Comments on Transit Services and Traffic Issues

    Several commenters weighed in on transit services and traffic 
issues, particularly regarding potential bicycle access on the WLA 
campus and on the grounds of the Los Angeles National Cemetery. The 
majority of these comments expressed a desire to include in the DMP 
access that reflects ``* * *the needs of the cycling community.'' 
Several commenters expressed a desire to use the National Cemetery as a 
thoroughfare for cyclists. While we would encourage certain of our 
veterans to cycle for their health, to encourage cycling on campus and 
on National Cemetery property would almost exclusively benefit the 
public, and not veterans. The additional traffic and security concerns 
that would accompany any increase in cycling activity, combined with 
the fact that it is not primarily of benefit to veterans, makes 
including this kind of access for cycling on campus undesirable; 
however, as projects are further developed and approved, this issue 
will be further evaluated through VA's compliance with the National 
Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq. Therefore, we 
make no changes to the DMP based on these comments.
    We also received comments seeking more information on the proposed 
Los Angeles County Metropolitan Transit Authority (Metro) Purple Line 
expansion, which eventually will travel the length of Wilshire 
Boulevard to Santa Monica. As mentioned in the DMP, (pg. 28) the 
project is in the initial planning phase and there are no details to 
provide. Metro has proposed building a station on the WLA campus as 
part of this expansion project and has identified a few locations that 
might serve its needs. However, any such station affecting the campus 
would be subject to applicable law and statutory restrictions, and must 
not interfere with the VA GLAHS priority of maintaining the peaceful 
and healing environment of our health care campus.
    One commenter asked if the VA would ``cooperate with the 
surrounding governmental jurisdictions to complete traffic studies and 
provide traffic mitigation for the increased traffic'' that may result 
from any increased land use. As stated in the DMP, traffic, parking, 
and circulation studies will be conducted as part of VA's compliance 
with NEPA. (pg. 18) Though the WLA

[[Page 36958]]

campus is under the jurisdiction of the Federal Government, Federal 
agencies generally consider State and local zoning laws and codes when 
undertaking any new project. We therefore make no change based on these 
comments.

Comments on the Need for Separate Facilities for Female Veterans

    One commenter expressed concern that separate supportive housing 
was not available for female veterans and their children. To clarify, 
there is dedicated housing for women veterans as part of our 
Domiciliary Residential Rehabilitation and Treatment Program facility, 
located on the north campus in Buildings 217 and 214. The program 
serves male and female veterans with mental health issues such as 
substance abuse and/or combat trauma.
    While there is no specific on-campus housing for female veterans 
with children, VA GLAHS has an extensive network of off-campus 
providers who meet this need through HUD-VA Supported Housing and Grant 
and Per Diem programs throughout Los Angeles County and neighboring 
counties. VA GLAHS's Comprehensive Homeless Center also includes a 
dedicated outreach team for homeless female veterans. VA GLAHS has 
adequate programs in place to meet the housing needs of women veterans 
with children.
    A commenter stated that there was a need for a separate facility 
dedicated to the general healthcare needs of female veterans. The VA 
GLAHS's Women Veterans Health Program has dedicated clinicians, 
programs and facilities to meet the unique needs of female veterans in 
a safe, women-only environment. Services offered include gynecology 
services, breast exams and mammography, reproductive health care, and 
menopause treatment. Additionally, mental health services including 
treatment for post-traumatic stress disorder and substance abuse are 
also available for women. Through the Women Veterans Health Program, VA 
GLAHS provides female veterans the health care and mental health 
services they need in a safe and supportive, women-only environment. We 
therefore make no change based on this comment.

Comments on the National Cemetery Administration Columbarium Project

    There were several comments seeking clarification regarding the 
National Cemetery Administration's columbarium project. The U.S. 
Department of Veterans Affairs is comprised of three administrations: 
the Veterans Health Administration, the Veterans Benefits 
Administration, and the National Cemetery Administration. The 
columbarium enables VA to support the provision of Federally guaranteed 
benefits offered by the Veterans Benefits Administration and the 
National Cemetery Administration. One commenter expressed dismay that 
the project would lower surrounding real estate values. Another 
commenter felt that the columbarium project was depriving living 
veterans of land that might be converted to housing for the homeless. 
Again, the burial benefits offered veterans are entitlements provided 
by the Federal Government. The land designated for columbaria does not 
contain any structures that have been identified as potential homeless 
housing, so the use of the land for columbaria does not in any way 
deprive homeless veterans of potential living space. As projects such 
as the columbarium are further evaluated and authorized, both the needs 
of the veterans and the historical, environmental, and socio-economical 
impacts of the projects will be considered.
    Some commenters wanted to know the exact location of the 
columbarium. Regarding requests for specific details regarding the 
size, hours of operation, and access points for this potential project 
that is only a concept at this stage, VA has not finalized details 
beyond the information that was contained in the DMP. The NEPA process 
is complete. The draft Environmental Assessment was released for public 
comment with none received. The resultant Finding of No Significant 
Impact was signed on February 2, 2011. We make no change to the DMP due 
to these comments.

Comments About Including the Public in the Planning Process

    Several commenters expressed concerns that the public was not being 
afforded adequate time to offer input on the DMP during the public 
comment process. The Federal Register process in which VA GLAHS engaged 
to obtain comments from veterans and the public is the most public and 
transparent process available for including veterans and the public in 
the development of this DMP. Additionally, the DMP that was published 
on January 19, 2011, fully incorporates the approved CARES plan, which 
included a series of public hearings and meetings as part of its 
approval process. The DMP is also consistent with the recently released 
SCIP. Finally, VA GLAHS has ongoing meetings with Veteran Service 
Organizations, community groups, and other local stakeholders, at which 
recurring updates on land use at the WLA campus are provided.
    Several commenters suggested that a new DMP be created. We have 
reviewed these comments, and while we respect the opinions of the 
individual commenters, VA is of the position that this DMP, once 
finalized, will address the mandate and meet the criteria to be 
submitted and serve as a final Master Plan for the WLA campus. 
Therefore, we make no changes based on these comments. As projects 
outlined in the Master Plan are further evaluated and authorized, both 
the needs of the veterans and the historical, environmental, and socio-
economical impacts of the projects will be considered. Details of these 
projects will be developed and released to the public for comment 
through VA's compliance with NEPA.

Comments That the DMP Serves the Needs of the Community Over Those of 
Veterans

    There were several comments to the effect that the DMP serves the 
needs of outside interests over those of veterans. Particularly, these 
comments referenced a misperception that the agreement with Veterans 
Park Conservancy would result in the development of a ``public park.'' 
This DMP provides for land use and reuse for the direct benefit of 
veterans, and puts in place guidelines and criteria that will assure 
the land is used to support the mission of offering the highest quality 
health care, research, education and disaster response to serve the 
needs of veterans and the community. The 10 Guiding Principles of the 
DMP clearly state the criteria that VA GLAHS will use in considering 
any land use or reuse, (p. 24) and none of these 10 principles reflects 
serving the community as a priority. While the WLA campus does exist 
within a community and VA GLAHS is proud to be a part of encouraging 
healthy communities, serving the needs of the community never takes 
precedence over serving the needs of the veterans. Therefore, we make 
no change based on these comments.

Comments That the DMP Does Not Address Therapeutic Recreation Areas for 
Veterans

    We received several comments regarding recreation for Veterans on 
campus. Specifically, these commenters wanted to see the development of 
more outdoor sports facilities for veterans, such as a fitness center 
and tennis courts, etc.
    The DMP addressed both planned recreation areas for veterans and 
green space where veterans can engage in

[[Page 36959]]

therapeutic outside activities. A fitness and recreation area, 
completed in 2010, is located adjacent to the west side of Building 
500. It includes machines and stations where veterans can work out at 
their own pace, as well as a padded surface for a safe area for less 
ambulatory veterans to get exercise. It is open every day from dawn 
until dusk.
    Regarding outside recreation activities, VA GLAHS continues the 
long tradition of having a golf course on campus for veterans. The 
course, operated by United States Veterans Initiative (U.S. Vets), is 
open from sun-up to sun-down 7 days a week, and Veteran residents and 
inpatients receive first priority for play. The Veteran community has 
second priority, finally followed by the general public as space is 
available. VA also has beneficial use of the athletic facilities at the 
Brentwood School and MacArthur Field as part of the land use agreements 
for those spaces.
    A planned future recreational and therapeutic area for veterans is 
provided for under the agreement with Veterans Park Conservancy. The 
development of a Veterans Memorial Park will be designed in 
coordination with VA patient-centered care, recreation therapy and 
mental health programs and staff. An initial phase of the project, the 
historic Rose Garden, will be completed in fall of 2011. This area, 
located just across the street from the Domiciliary, will include 
meditative gardens, tables for chess and checkers, and soothing 
fountains, making it a space ideal for both for recreational and 
therapeutic use. Also on the north campus is the Japanese Garden, a 
peaceful environment with lush plants, waterfalls, and Koi fish for 
veterans to enjoy. Finally, on the south campus, adjacent to the 
American Red Cross facility, there are walking trails, succulent 
gardens and colorful native plants for veterans, as well as loved ones 
staying in the Fisher House, to enjoy year-round.
    The agreement with UCLA for the Jackie Robinson Stadium includes 
free admission to home baseball games for veterans.
    Physical Therapy and Recreation Therapy programs also exist to 
provide veterans with unique recreation experiences in a safe and 
supportive environment. Through these programs, veterans are able to 
participate in skiing, surfing, and compete in the Golden Age Games 
each year.
    We believe that the DMP adequately addressed therapeutic recreation 
opportunities for veterans. Therefore, we make no changes based on 
these comments; however, as projects are further evaluated and 
authorized, opportunities to provide additional recreational areas to 
veterans may be considered as part of VA's compliance with NEPA.

Comments Regarding the Legality of Sharing Agreements

    Two commenters challenged VA's authority to use ESAs as a 
contracting vehicle for land use programs on the WLA campus. ESAs are 
legally authorized under 38 U.S.C. 8153, a Federal statute that deals 
with VA land sharing agreements. All existing agreements have been 
legally reviewed and approved at local and national levels, and all 
future agreements will follow the same approval process. Therefore, we 
make no changes based on these comments.

Conclusion

    For the foregoing reasons, we adopt the DMP without change as the 
Master Plan for the West Los Angeles VA Medical Center. The Master Plan 
is available at http://www.losangeles.va.gov/. The Master Plan conforms 
to the relevant laws in effect on the date of publication. A change in 
law, such as the Administration's proposed Civilian Property 
Realignment Act, could impact this property. If these laws change, VA 
will update the Master Plan accordingly.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on May 19, 2011, for publication.

William F. Russo,
Deputy Director, Office of Regulation Policy and Management, Office of 
the General Counsel, Department of Veterans Affairs.
[FR Doc. 2011-15739 Filed 6-22-11; 8:45 am]
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