Birchwood residents file lawsuit to stop major casino planned by Village of Eklutna

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A civil lawsuit filed by residents of Birchwood in the Eagle River area of Anchorage asks the court to declare that the National Indian Gaming Commission has overstepped its authority in approving a casino for Eklutna, a tribal area within the municipality of Anchorage.

The several plaintiffs in the lawsuit say that Sharon Avery, acting chairwoman of the National Indian Gaming Commission, doesn’t understand the history and legal status of what is called the Ondola allotment, which is where the proposed casino would be built.

The issue at hand is that the property is in a neighborhood with very limited, narrow access, and the people who live there would be overwhelmed and harmed by a 50,000-square-foot casino, with 700 video game machines, bingo, pull tabs, a bar and restaurant. Add to that a septic system and drain field to accommodate hundreds of people, a well to provide water, and run-off from a parking lot that would be able to accommodate hundreds of cars, all add to impacts on the environment, the plaintiffs said.

“That will inflict a direct, concrete, particularized, actual, and immediate injury in fact on the plaintiffs in that The NVE [Native Village of Eklutna] intends the seven hundred video gaming machines in its casino to attract hundreds of patrons who seven days a week will constantly travel in automobiles from the North Birchwood Exit of the Glenn Highway down Birchwood Loop Road to Birchwood Spur Road, then past the intersection of Alluvial Street and Birchwood Spur Road, to the casino. And then back again. That will irreversibly destroy the quiet family atmosphere and rural lifestyle in the Birchwood Spur Road neighborhood that the plaintiffs decades ago moved into the neighborhood to enjoy,” the lawsuit says.

The village of Eklutna history is complicated and much disputed, but through the decades and the application of politics has become more of an accepted reality, even though only about 70 people live in the village, it has total of 400 members who live mainly in Anchorage or the Mat-Su Valley. They see this gambling project as economic development for their members.

The village started in about 1897, when a few families of Dena’ina Athabascan Indian descent moved to the area that is 26 miles from downtown. It was a small community and by 1970, there were only 25 listed in the U.S. Census.

In the 1971 Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. 1609(b)(1), Congress designated the community of Eklutna as a “Native village” to enable residents of the community who were of one-fourth degree or more Dena’ina Athabascan Indian blood quantum to incorporate Eklutna, Inc., and to enable Eklutna, Inc., to be eligible for the monetary and land ownership benefits that ANCSA made available.

1988 the Alaska Supreme Court described Congress’s Alaska Native policy: “In a series of enactments following the Treaty of Cession and extending into the first third of this century, Congress has demonstrated its intent that Alaska Native communities not be accorded sovereign tribal status. The historical accuracy of this conclusion was expressly recognized in the proviso to the Alaska Indian Reorganization Act [of 1936] . . . No enactment subsequent to the Alaska Indian Reorganization Act granted or recognized tribal sovereign authority in Alaska.”

A series of other political and legal events occurred, notably under President Bill Clinton, who appointed Ada Deer as assistant Interior secretary. Deer published a rule saying Native entities within the State of Alaska that were recognized and eligible to receive services from the United States Bureau of Indian Affairs included “Eklutna Native Village.” But Assistant Secretary Deer removed from her list Eklutna, Inc., and the other ANCSA village and regional corporations.

The dispute about whether Eklutna qualifies for the jurisdiction of the National Indian Gaming Commission is tied up in these and other legal events that are enumerated in the 34-page lawsuit, which was prompted when in July, the commission said that the Ondola allotment was under its jurisdiction for casino authorization.

The plaintiffs say the members of the Native Village of Eklutna are not a federally recognized tribe whose governing body possesses powers of self-government and is not eligible to conduct gaming pursuant to the Indian Gaming Regulatory Act. The Ondola allotment is not “Indian Country,” the lawsuit says, or “Indian land.”

While the Village of Eklutna has already cleared the land for the casino, the Birchwood Community Council knew nothing of the development that will impact the neighborhood.

The plaintiffs have hired renown Indian law attorney Donald Craig Mitchell to represent them. He is the author of major works on the history of Indian Country in Alaska, and is considered a national expert. A former vice president and general counsel of the Alaska Federation of Natives, which was organized by Alaska Natives in 1967 to fight for land claims settlement, he has been continuously involved, both before Congress and in the courts, in the development and implementation of federal Native policy. In 1997, he represented Sen. Ted Stevens before the U.S. Supreme Court as amicus curiae in Alaska v Native Village of Venetie, which upheld Mitchell’s view that Congress did not intend land conveyed to Alaska Native corporations to be “Indian Country.” He has authored two books and numerous articles on Alaska Native law.

The lawsuit can be read in its entirety here:

47 COMMENTS

  1. Well now, the Eklutna has 70 people? I doubt it, but that doesn’t matter. Whoever they are, they are being exploited and coached by someone who is planning to cash-in.

  2. The unpopular question everyone should be asking is based on this sentence:

    “The village started in about 1897, when a few families of Dena’ina Athabascan Indian descent moved to the area that is 26 miles from downtown.”

    Who lived there before the Dena’ina Athabascan Indians moved there? Like most native Alaska nomadic history what you see most publicly may not be the truth. Even in native and tribal disputes, history is written by the victor. Were the Denan’ina the first, or the last, who occupied Anchorage and the surrounding lands?

  3. many errors in this story…

    read “shem pete’s alaska ” for some back story of the (abandoned and repopulated) village after the gold miners arrived..

    the parcel of land started as 8 acres, but in 1916 the railroad cut through one side(inlet side), in 1929 the anchorage hotel owner put int the power lines to his eklutna dam that cut off the other end of parcel… then later the road moved very far from original and cut off the front (south)…

    they were my next door neighbors, as she described to me the land issues in fall of 2012…

  4. Casinos… This will be an interesting experiment for Alaskans to endure. Federal dollars that have been invested in improving the quality of life here now risk being funneled into the pockets of Vegas casino owners. There are even rumors that Medicaid cards are being used for free trips to town just to play bingo. Now, we’re talking about adding a casino to the mix—maybe Ekutna should consider building a homeless shelter wing alongside this misguided idea – they’ll need it!

  5. This is the same greedy 70 people who want our electric rates to go up just so they can “restore” the Eklutna River. I hope these Birchwood residents win the lawsuit.

    • Unfortunately, the highway has a lot of DWI already – people going to Palmer/Wasilla to drink because they’re bored of Anchorage bars, or people going to Anchorage to drink because they’re bored of Palmer/Wasilla bars. Will it get worse to/from the casino? Probably … well, no doubt.

  6. Always wondered what Alaska would be like if a certain patch of “Indian Country” land was designated as a ‘Sin Strip?’
    Gambling, liquor, marijuana, prostitution, entertainment. A mini Las Vegas located on the Western end of the Cook Inlet near the coal fields.
    Taxes at about 50% as a great revenue source for the state.
    Ferry boat shuttle from Anchorage every other hour. Use two of the wornout blue canoes.

    • Fire Island would be better location , as a Sin Island. Boat launches every 15 minutes from Port of Anchorage. What happens on Fire Island, stays on Fire Island. Tourists would love it.
      Free electricity too

      • That is a PERFECT idea! Alaska does NOT need a stupid casino in my opinion. We have enough issues in this state without Gambling being at the forefront! All of it is SINFUL

  7. Thanks for telling the whole story.
    The BIA/NVE just released an Environmental Assessment (E.A.) for this Casino development following NEPA guidelines with a 15 day public comment period. It started December 22nd and ends January 6th. Never in my experience have I ever witnessed a environmentally sensitive project have only two weeks for public comment over a double holiday Christmas/New year’s time frame. Do you think it’s possible they are in a hurry to get this done with, with little or no public comment? They don’t want you to know that this project pushes the limits in dozens of ways. For one they have to build retaining walls to build it and fit it in because as proposed it will be just inside the flood plain of peters creek a salmon spawning stream and only a 25 foot setback from the retaining walls. They want environmental stewardship on the Eklutna river recovery project and strong salmon runs. As for peters creek with a already viable and reliable salmon population that’s managed to survive, well I guess it doesn’t count because there’s real money to be made destroying the river bank on peters creek with this Casino. That’s just one issue. The others are gambling addiction and preying on poor desperate folks that just don’t understand the odds leaving the tax payers to pick up the tab when they have nothing left, a 1.2 mile narrow dark unlighted roadway with drunks, well water use to 8800 gal a day, septic next to the river for 700 gamblers, Water run off from a 58,000 sf facility and a 450 car parking lot next to the creek, 24/7 operation’s, more noise, Lights, traffic, increased crime of multiple kinds, new water and sewer assessments for all the folks in the Birchwood loop road community once they realize the water and sewer on site doesn’t cut it and have to tap into MOA water and sewer 1.4 miles away. No more organized bike race’s on Birchwood loop, I could go on. Maybe you don’t live next to this proposed development but have a heart folks and stand up with me and comment with the community of Birchwood and make your voice known. Please make a public comment before January 6th at ecklutnaea.com
    We have enough social/economic issues in our larger community, please don’t let this be one more.

    • Thank you for the link to comment at. I will put in my two cents worth. I want to confirm: is it ecklutnaea.com? Asking because I thought Eklutna is spelled with an “Ek” at the beginning.

      • From the eklutnaea.com website:

        Written comments on the EA can be submitted as follows:

        Email:
        [email protected]

        Mail or hand-deliver:
        Jolene John, Regional Director
        Bureau of Indian Affairs, Alaska Region
        3601 C Street, Suite 1200
        Anchorage, AK 99503

        Please include your name, return address, and “EA Comments, Eklutna Native Village Gaming Facility Project” on the first page of mailed/hand-delivered comments or in the subject line of emailed comments.

        Due to a pending federal government shutdown, written comments on the EA are strongly encouraged to be submitted electronically or by mail. If there is a lapse in federal appropriations the comment period will continue to run but the Bureau of Indian Affairs, Alaska Region will not be able to accept hand delivered comments.

      • From the eklutnaea.com website, the link to the project report:
        ‘https://eklutnaea.com/wp-content/uploads/2024/12/ea-report_1219242132-2.pdf

        Tell the BIA that the selection should be “ALTERNATIVE C: NO ACTION
        Under Alternative C, neither of the alternatives (Alternatives A or B) would be implemented. The Project Site would not be leased for the benefit of the Tribe and would likely remain wooded and undeveloped for the foreseeable future.”

    • It isn’t even near my backyard, but I don’t want it either. A casino is a vice that feeds more addiction, corruption, and all sorts of public nuisance issues. We have enough of those things as it is. No thank you. I would call it NIMS – not in my state.

    • I disagree.
      Such facilities are normally not found directly in residential areas. Most are located in properly zoned locations with appropriate infrastructure of adequate access roads, sewer, water, drainage etc.. Most likely many households in that neighborhood have a well and septic and a large facility will have considerable impact on the water table to say nothing of gray water disposal and run-off. Birchwood Loop is a rural two-lane road with many right angle turns. It is further interesting that the village of Eklutna is locating their casino a considerable distance from their own village, which has already established Glenn Highway access. It almost seems as if the village does not want all that traffic, noise etc at their doorstep…..
      I have nothing against this casino, I simply think that the location has been poorly chosen, and folks affected have been denied any meaningful contribution.
      Considering how much time, effort and complaining the Eklutna village and the assembly put into the environmental plan for the power plant and the dam, they surely seem not interested at all to provide all parties adequate time for input and consideration.

      • It is a handful of people verses the needs of an indigenous population. The land across from the clinic has been ear marked for Industrial Development. Look at it this way. Eklutna Inc. had to have been contacted regarding the development of a casino on their lands. Has there been any feedback from the Anchorage Assembly? Are these people willing to sell their houses and relocate? If you have looked at home prices lately, very few are in the 300,000 range. Could these people even afford to sell their homes. Maybe they are retired and on a limited income.

        • Esther, I read your comment several times, but I am not sure what your point is here.
          It is my understanding that the native tribe/village of Eklutna IS the entity building this casino on land they own. To my knowledge Eklutna tribe owns large swaths of property, which they received following the settlement act in 1971. As such they should be viewed as any corporation. In my opinion the Bureau of Indian Affairs greatly overreached by ignoring ANCSA.
          There is a vast difference between “Industrial use” (like a car repair, metal works, quarry or a facility that builds cars or make widgets), and a 50,000sqf facility that brings in hundreds of vehicles 24/7 and uses resources currently unavailable or limited at the site.
          If Eklutna wishes to build a casino they should do so at their own location IN EKLUTNA! That they preemptively cleared land and in conjunction with the BIA only allow a 2 week comment period, shows great disrespect to other residents and the city as a whole.

  8. My question is why are they insisting the Birchwood Spur Road area instead of using their Village of Ekluka, further North and out of the contested area?..It’s only 8.5 miles further north and in their OWN village, where they can do what they desire instead of engaging in an area with disputes.

  9. From direct Experience, once the tribes were allowed to start gambling establishments in Washington State, homelessness, drug addiction , and crime rates shot up instantly. And have destroyed tens of thousands of lives and family’s!!! if you have lived or presently live in Washington state, you all know of or have had family who have become addicted to gambling, and nearly all who become addicted end up losing everything they have and go on to drugs and homelessness. This is the stupidest thing Alaska could ever do, the Native community will be totally destroyed by this other the few who have sold out to whomever is funding this project. So Now the Federal Goverment will be subsidizing gambling , even more drug use and homelessness. Beyond Parhetic! The Native leaders who are pushing this project will be totally responsible for what they do to their own community. Don’t be demanding more money to refund your self destructive ideas.. Totall stupidity and greed at work here ! Oh boy . let’s all just imagine all the free fun flights coming from all the Villages across Alaska for the beautiful destination to be the big casino in Anchorage, so with a few free drinks on the flights in, they all will be ready to fund the big Vegas experiment in Anchorage!!

    • The Native people have lost so much. It is difficult to predict who is going to suffer. After all, you have tourists lining up like ducks to vans to head to ANHC, Eklutna, Portage, Seward and Denali. What if there was a tourist van that took them to a local casino? Would there be an area at the casino for the arts? Would it be modeled after the Alaska Native Heritage Center? Jay Kerttula did a lot for the locals. If prosperous, how will the Ondola Family help their own community? South Birchwood Loop, where 3 Bears is littered with sub-standard housing. It has only been in the last 10 years that developers and locals have been buying up the shacks. No one has asked the question about taxation and how much of the gambling revenue will go to the state.

  10. Taking a page from Lisa’s playbook, this casino project can buy my support and endorsement with a generous donation to my bank account!!!

  11. Hey, I have an idea. We’ll let you build your casino when you drop the dam removal project. They get their casino, and 40,000 Alaskans can keep their lights on. Problem solved.

  12. The section of road between White Birch Rd and Three Bears on Birchwood Loop is not what I would call a safe-for-heavy-traffic area. When that road is icy, combined with the hill there, it can be dangerous. I cannot even imagine having more traffic on that road. Doesn’t the Eklutna tribe own all the land between the old and new Glenn Highways? If so, why aren’t they building their casino on that land if they are determined to build?
    If this casino is anything like that casino on the Port Madison Indian Reservation by Poulsbo, WA, it is going to create too much traffic for Birchwood Loop.
    Last comment: While Eagle River/Chugiak folks are being distracted by this casino topic, what else is being pushed through or dropped that they are not going to pay attention to because they are fighting against the casino?

  13. Alaska needs revenue. We need tourists to stay longer and we also need the lottery (powerball and mega millions) too. This is progress. To those saying these are outsiders coming in, you need to educate yourselves about who owns and benefits from tribal casinos. Y’all just sound like a bunch of oldies who want Alaska to be the big affordable retirement community it is turning into.

  14. Alaskans need to wake up and take action—this is absolutely appalling. A select few tribal members stand to profit greatly, all at the expense of their own families. Tribal politics, as usual, are a tangled web of self-serving agendas and questionable ethics. Take Senator Hoffman’s internet bill from the last legislative session: it was promoted as a noble effort to improve school internet access, yet the real outcome was a massive funneling of funds straight to his native community corporation. Why choose a practical, cost-effective solution like Starlink when there’s an opportunity to pad your own pockets instead?

    Now, outside casino interests are pushing a new scheme, paving the way for Alaska’s 200+ tribes to follow suit. This is not an “economic engine” to save the state; it’s a disaster in the making. In the end, it’s the people of Alaska who will pay the price.

  15. My American Indian Grandfather being 6’4 and weighing over 250 worked for the Alaska Railroad similar to John Ondola. He lamented many times over how he should have bought into the land that former Sears Mall was built on, which is now REI. He labored for other people until his wife ( a local Alaskan business owner) hired him as a book-keeper, several years later he died peacefully. Being a local Alaskan of mixed heritage I find it ironic the locals off of B. Spur see themselves as morally superior and that they should have control over the Native Population and corporations that are trying to improve Alaska and employee residents. It is their own moral compass that is the concern. This is not the Wild West. All of the Natives had to adapt to development. The Ondolo family should be respected for their choices. That road is due for improvement anyway.

    • This has nothing to do with AK natives. This has everything to do with local infrastructure being able to support this sort of business. Eklutna village has plenty of room without the congestion of the Birchwood neighborhood. Nowhere that I’ve seen do casinos build in residential neighborhoods.

    • Esther, don’t make this a racial issue because it is not. You, surely, are familiar with that area since you talk like you are knowledgeable on the history and layout of the land.
      That road cannot handle the amount of traffic that a casino would bring to it. Is that casino going to be a “dry” casino? I did not catch if it was or not. That road cannot handle the amount of traffic that a casino would bring AND if the casino serves alcohol, that would be a guaranteed disaster in the making.
      Esther, ask the Eklutna tribe why they are not using the land between the old and new Glenn highways?

  16. So are they ( those implementing this project) going to Guarentee that this casino will not cause harm to thousands of people and not lead to more crime, drugs , and more homeless people, so tell us when 10 or 20 years
    Pass by and this casino has dealt a huge blow to all the locals and others who have had their lives ruined by this snake oil salesmen venture , who’s willing to take the responsibility for what will no doubt come from this loony plan. Do some research!!! It’s all about being at the top of the pyramid with all these Indian casinos, the few who have big money now will all prosper greatly, while the many have nots will suffer greatly and become more and more dependent . It’s a dumb idea and should be done away with!!! Take a look at what it’s done in the areas they built the casinos in Washington State and other states and do some research, the few job opportunities that will come from this joke of a plan will be dwarfed by the carnage left in their path! It’s Just a fact of having some common sense!

  17. Oh, here we go—let’s talk about opening the first casino in Alaska. Before our fine state representatives and senators start fielding calls from lobbyists trying to grease the wheels for their shiny new slot machines and roulette tables, maybe they should take a second to glance at the long, growing list of things Alaska actually needs. Like tackling our social issues and infrastructure disasters that are getting zero attention. This plan is designed to funnel money into making a few select tribal members richer, while children get tossed into state custody because their parents are lost in addiction, neglect, and abandonment.

    And hey, there’s a charming YouTube video circulating about Anchorage’s homelessness crisis. If we slap a casino into the mix, that problem will spread all the way to Wasilla and the Kenai in no time. Just look at Washington State—no one’s ever heard of “Fife” and “Tulalip,” right? They’ve got thriving homeless camps right next to their casinos. That’s the dream future we want for Alaska, right?

    Hey, Alaskans, let’s challenge lawmakers to actually deal with the issues that are strangling the state and table the casino nonsense. If the floodgates to gambling open, it’ll make all our problems way worse.

    If the state doesn’t step back and think this through, we’ll be watching Alaska slip away, and casinos will be the least of our worries. But hey, why not gamble with the state’s future? What could go wrong?

    Wake up Alaskans!

  18. Why would a society who’s okay with:
    .
    mutilating children,
    killing babies at taxpayer expense,
    grooming underage children into sexual deviancy,
    their corrupted, perverted failure of an education industry,
    disrupting residents’ lives and livelihood in the name of China flu hysteria,
    their easily corruptible election system,
    forcing a sales tax against productive residents to subsidize bum housing from which elected officials profit,
    manipulating community councils to help seize residents’ property for “trails”,
    the incestuous relationship between the city’s real-estate industry and real-estate taxing authorities,
    secret meetings between Assembly members and Eklutnans,
    their Assembly members’ eageress to disrupt the city’s power grid,
    existing, thriving after-hours “Gambling, liquor, marijuana, prostitution, entertainment”,
    gangbangers doing their thing with impunity,
    things being so bad in general that Eaglexit is now a thing,
    .
    …worry about a casino?

    • To me Morrigan, it is about the traffic on that road.
      As far as I am concerned, if the Eklutna Indians want to have a casino, let them have it. They own a large amount of land between Ft. Rich and their village, from the coastline to the old Glenn Hwy. Granted, much of it is zoned residential, but there are some empty commercial lots besides the one next to the Birchwood Airport (is there a train stop there also?). Why did they pick the lots on Birchwood Spur right next to residential areas on a road that is not friendly for the amount of traffic that it gets as it is?

    • Morrigan your premise is incorrect.
      Society at large is NOT okay with the things you list. These are actions perpetrated by a group of elitist activists, who have corrupted agencies of power and are now attempting to dictate to all. They have changed words and promote a narrative, that makes any dissent sound radical and hateful.
      If society at large would be cheering all of these things you list, FBI agents chasing down soccer moms at school board meetings, women being mobbed for speaking out against men in their locker rooms and on their teams, large number of parents home schooling or electing to send their kids to private schools, Eaglexit etc. would not be a reality. Resistance takes many forms and many are lost as what action to take in order to remain lawful and not end up as lawless and corrupt as those they wish to reign in.
      This casino deal is just another flaunting of power and ignoring of laws and smells of corruption all around.
      I for one applaud the residents for standing up.

  19. Just a little note to the Mayor’s office.
    How appalling it is for you to support the casino’s construction in Chugiak!
    You are failing your constituents by announcing your support for such an egregious detriment to our neighborhood – overriding the public’s opinion on the matter. You serve the public as an elected official – your opinion on the matter is just that: Personal.

    You must stop this construction with all haste to perform your due diligence towards ascertaining the impact this casino will have on our neighborhood – and the lives of those who live here.
    Without doing so opens the Municipality up to litigation by the residents here in Chugiak.

    This is OUR neighborhood – NOT on Eklutna Tribe’s land. No Native rights that apply on Native lands should spill over onto public lands.
    Why is this not up to the public to approve this casino being put into our neighborhoods? This is still America, and we in this neighborhood pay our taxes for these roads we use, and for city services. They want a casino, fine…. not my concern – but build it on Native lands that DO NOT AFFECT THE EXISTING NEIGHBORHOOD. We do not want the added traffic – especially from patrons ‘getting all liquored up’ after visiting this establishment. The Eklutna Tribe is turning a blind eye to the residents who have built their homes, and their lives here. Has the Municipality conducted a DOT survey on N Birchwood Loop Rd for the amount of traffic it currently has; and if this road in its current state can handle the influx of the type of traffic that this casino will add to it? If it hasn’t – then it should; less the Municipality be accused of turning a blind eye to our neighborhood and it’s residents as well.

    The Eklutna Tribe’s liquor license will only encompass their structure – not the access to and from the casino. Is that an issue we who reside on N Birchwood Loop Rd just must accept and live with? Please make a public comment stating as much and see how that goes over. Their usage of this public road to access their private entity is a direct slap in the face for all who live here, as well as the city services that will have to increase.

    The casino should be located on Native lands that do not intrude nor pose any encumbrances to the general public. Build the casino on the Native land adjacent to the highway. It solves almost every issue that arises from attempting to put such a business in an existing neighborhood.

    The highway location will provide increased exposure while allowing for the entry and egress to this establishment to be entirely on Native lands; and not subjecting a residential road to the casino’s patrons. The Eklutna Tribe is essentially ‘freeloading’ from the use of our public road to facilitate their private business – unlike other businesses that would have to pay taxes for road maintenance and city services. Not paying taxes on Native lands is their business. Not paying taxes for the tremendous increase to the overall usage of this public road that WE pay taxes on – is an outrage.

    ‘The Bureau of Indian Affairs (BIA) has determined that when the casino is fully operational it will generate an additional 8,010 daily vehicle trips
    on weekdays and an additional 10,550 daily vehicle trips on Saturdays.’ (2024, DEC) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ( Case No. 3:24-cv-00273 SLG )

    My kids play here. There are muliple school bus stops located here. This road is already a narrow, winding lane that sees its fair share of incidents; and shouldn’t be allowed to accept any more business than it already has. Let a casino be built on your road where you live and see if that would broaden your perspective – much less, spur you into action.

    In short:
    Native land – Native issue.
    Public land – Public issue.
    The two sentiments are night and day that come with their own legalities; and you cannot force Native rights onto public citizens.
    Thanks for your consideration on this matter.

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