[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8719 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8719
To establish the Great Bend of the Gila National Conservation Area in
the State of Arizona, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 16, 2022
Mr. Grijalva introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Great Bend of the Gila National Conservation Area in
the State of Arizona, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Bend of the Gila Conservation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation areas.--The term ``Conservation Areas''
means the Great Bend of the Gila National Conservation Area and
the Palo Verde National Conservation Area established by
section 3(a).
(2) Existing use.--The term ``existing use'', with respect
to the Conservation Areas, means a use that is occurring within
the Conservation Areas on the date of the enactment of this
Act.
(3) Indian tribe.--The term ``Indian Tribe'' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) on the list published by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(4) Interested indian tribe.--The term ``interested Indian
Tribe''means--
(A) historic, precontact, cultural, or religious
connections to lands within the Conservation Areas;
(B) a former reservation located on land within the
Conservation Areas; or
(C) treaty rights or other reserved rights
associated with on land within the Conservation Areas.
(5) Great bend of the gila map.--The term ``Great Bend of
the Gila Map'' means the map entitled ``Proposed Great Bend of
the Gila Conservation Act'' and dated February 3, 2022.
(6) Land management plans.--The term ``land management
plans'' means each of the land management plans developed
pursuant to section 6(a).
(7) Native knowledge.--The term ``Native knowledge'' has
the meaning given the term in section 219.19 of title 36, Code
of Federal Regulations (as in effect on the date of the
enactment of this Act).
(8) New use.--The term ``new use'', with respect to the
Conservation Areas--
(A) means a use that--
(i) involves surface disturbance and is not
occurring in the Conservation Areas on the date
of the enactment of this Act; or
(ii) is occurring in the Conservation Areas
on the date of the enactment of this Act, but
that is being modified so as--
(I) to create a surface
disturbance;
(II) to significantly expand or
alter impacts of the use on the land,
water, air, cultural resources, or
wildlife of the Conservation Areas; or
(III) to negatively impact the
purposes for which the Conservation
Areas are designated under this Act;
and
(B) does not include a use that--
(i) is categorically excluded from the
requirements of title I of the National
Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.);
(ii) is carried out to comply with the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
(iii) is necessary to maintain a road,
trail, structure, or facility within the
Conservation Areas that is--
(I) in existence on the date of the
enactment of this Act; and
(II) identified in the management
planning documents of the applicable
land management agency as a road,
trail, structure, or facility intended
for continued use; or
(iv) the Secretary determines to be
necessary for the control of fire, insects, or
diseases, subject to applicable law, including
regulations, and such terms and conditions as
the Secretary determines appropriate.
(9) PLO 1015 lands.--The term ``PLO 1015 lands'' means
those Federal lands withdrawn and reserved by Public Land Order
1015, dated October 1, 1954 (19 Fed. Reg. 6477), for use by the
Arizona Game and Fish Commission in connection with the Gila
River Waterfowl Area Project.
(10) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations as in effect on the date of the enactment of this
Act.
(11) Sacred site.--The term ``sacred site'' means a
specific, discrete, narrowly delineated site on public land
that is identified by an Indian Tribe as sacred by virtue of
the established religious significance of the site to, or
ceremonial or medicinal use of the site by, an Indian Tribe.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(13) State.--The term ``State'' means the State of Arizona.
(14) Surface disturbance.--The term ``surface disturbance''
means any new disruption of soil or vegetation that would
require restoration to return the soil or vegetation to natural
appearance or ecological function.
(15) Tribal commission.--The term ``Tribal commission''
means each Tribal commission established under section 6(a).
(16) Tribal cultural site.--The term ``Tribal Cultural
Site'' means--
(A) a historic property (as defined in section
800.16 of title 36, Code of Federal Regulations as in
effect on the date of the enactment of this Act);
(B) a sacred site; or
(C) a landform, landscape, or location that--
(i) is or may be important to the customs,
practices, objects, places, religions, or
ceremonies of an Indian Tribe;
(ii) is or may be important to an Indian
Tribe for the undertaking of religious,
cultural, spiritual, traditional subsistence,
or other traditional practices;
(iii) contains unique or important
traditional Tribal food, medicinal, or material
gathering areas; or
(iv) is connected through features,
ceremonies, objects, histories, or cultural
practices to other sites or to a larger sacred
landscape, as determined by an Indian Tribe.
(17) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(18) Wilderness areas.--The term ``Wilderness Areas'' means
the public lands designated as Wilderness by the amendments
made by section 4(a).
SEC. 3. ESTABLISHMENT OF CONSERVATION AREAS.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established in the State--
(A) the Great Bend of the Gila National
Conservation Area; and
(B) the Palo Verde National Conservation Area.
(2) Area included.--
(A) Great bend of the gila nca.--The Great Bend of
the Gila National Conservation Area consists of the
approximately 329,310 acres of land administered by the
Bureau of Land Management, as generally depicted on the
Great Bend of the Gila Map.
(B) Palo verde nca.--The Palo Verde National
Conservation Area consists of the approximately 47,653
acres of land administered by the Bureau of Land
Management, as generally depicted on the Great Bend of
the Gila Map.
(b) Purposes.--The purposes of the Conservation Areas are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the Indigenous ancestral, archaeological,
cultural, historic, geologic, hydrologic, natural, recreational,
educational, and scenic resources of the Conservation Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Areas--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Areas;
(B) in a manner that preserves and protects Tribal
Cultural Sites;
(C) in consultation with the applicable Tribal
commissions;
(D) as components of the National Landscape
Conservation System; and
(E) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
(iii) Public Law 95-341 (commonly known as
the American Indian Religious Freedom Act; 42
U.S.C. 1996);
(iv) this Act; and
(v) any other applicable law.
(2) Uses.--
(A) In general.--In accordance with this Act, the
Secretary shall only authorize new or existing uses
within the Conservation Areas that the Secretary
determines, in consultation with the applicable Tribal
commission, are consistent with--
(i) the purposes described in subsection
(b);
(ii) the management priorities identified
in paragraph (1);
(iii) the preservation of Tribal Cultural
Sites within the Conservation Areas; and
(iv) this Act.
(B) New uses.--
(i) In general.--If the Secretary
determines under subparagraph (A) that a new
use is consistent with the requirements of
clauses (i) through (iv) of that subparagraph,
before authorizing the new use, the Secretary
shall request agreement from the applicable
Tribal commission.
(ii) Approval.--The Secretary shall
authorize the new use for which the Secretary
requests agreement under clause (i) if the
applicable Tribal commission--
(I) agrees to the new use; or
(II) does not respond to the
request by the date that is 60 days
after the date on which the Secretary
makes the request under clause (i).
(iii) Denial.--If the applicable Tribal
commission denies agreement for a new use on or
before the date that is 60 days after the date
on which the Secretary makes the request under
clause (i), the Secretary shall--
(I) consult with the applicable
Tribal commission to determine specific
measures to eliminate or, to the extent
practicable, mitigate potential adverse
impacts to the Conservation Areas
resulting from the new use; and
(II) authorize the new use, subject
to completion of the measures
determined under subclause (I), or deny
the new use if elimination or
substantial mitigation of potential
adverse impacts is not practicable.
(C) Motorized vehicles.--
(i) In general.--Except as provided in
clauses (ii) and (iii), and as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Areas after the effective date of
the land management plans shall be allowed only
on roads and trails designated for the use of
motor vehicles in the land management plans.
(ii) Resource protection area.--Except as
needed for administrative purposes or to
respond to an emergency, the use of motor
vehicles within the area generally depicted on
the Great Bend of the Gila Map as ``Proposed
Resource Protection Area'' shall be prohibited.
(D) New roads.--Except as provided in section 6(c),
no new permanent or temporary roads or other motorized
vehicle routes shall be constructed within the
Conservation Areas after the date of the enactment of
this Act.
SEC. 4. ESTABLISHMENT OF WILDERNESS.
(a) Designation.--Section 101(a) of the Arizona Wilderness Act of
1990 (16 U.S.C. 1132 note; Public Law 101-628) is amended--
(1) in paragraph (15), by striking ``1990'' and all that
follows through the semicolon and inserting ``1990, and
approximately 9,809 acres, generally depicted as `Gila Bend
Wilderness' on the map entitled `Proposed Great Bend of the
Gila Conservation Act' and dated August 05, 2021, and which
shall be known as the Gila Bend Wilderness;'';
(2) in paragraph (39), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(40) certain lands in Maricopa County, Arizona, which
comprise approximately 23,464 acres, as generally depicted as
`Red Rock Canyon Wilderness' on the map entitled `Proposed
Great Bend of the Gila Conservation Act' and dated August 05,
2021, and which shall be known as the Red Rock Canyon
Wilderness; and
``(41) certain lands in Maricopa County, Arizona, which
comprise approximately 23,712 acres, generally depicted as
`Ringtail Wilderness' on the map entitled `Proposed Great Bend
of the Gila Conservation Act' and dated August 05, 2021, which
shall be known as the Ringtail Wilderness.''.
(b) Applicable Law.--For the purposes of administering the
Wilderness Areas--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered to
be a reference to the date of the enactment of this Act; and
(2) any reference in section 101 of the Arizona Wilderness
Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628) to the
effective date of that Act shall be considered to be a
reference to the date of the enactment of this Act.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Woolsey Peak
Wilderness, as designated by section 101(a)(13) of the Arizona
Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628), as
redesignated and amended by subsection (a)(1) of this Act, shall be
considered to be a reference to the Gila Bend Wilderness.
SEC. 5. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a map and legal description
of each of the Conservation Areas and each of the Wilderness Areas.
(b) Force and Effect.--Each map and legal description submitted
under subsection (a) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical or typographical errors in the maps or legal descriptions.
(c) Availability.--Each map and legal description submitted under
subsection (a) shall be available for public inspection in the
appropriate offices of the Bureau of Land Management.
SEC. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS.
(a) Land Management Plans.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall develop a
comprehensive management plan for each of the Conservation
Areas that provides for the long-term protection and management
of the Conservation Areas.
(2) Requirements.--In developing a management plan under
paragraph (1), the Secretary shall--
(A) closely collaborate with each applicable Tribal
commission in accordance with paragraph (3);
(B) consult with--
(i) interested Indian Tribes;
(ii) appropriate State and local
governmental entities; and
(iii) members of the public;
(C) at the request of an interested Indian Tribe,
include the interested Indian Tribe as a cooperating
agency in the development of the management plan; and
(D) to the maximum extent practicable, incorporate
Native knowledge.
(3) Incorporation of recommendations.--
(A) In general.--In developing a management plan
under this subsection, the Secretary shall carefully
and fully consider incorporating the traditional,
historical, and cultural knowledge and Native knowledge
of the applicable Tribal commission, if the Tribal
commission submits such information to the Secretary as
written recommendations.
(B) Consultation.--If the Secretary determines that
a specific recommendation submitted to the Secretary
under subparagraph (A) is impracticable, infeasible, or
not in the public interest, the Secretary shall consult
with the applicable Tribal commission to determine
specific measures to modify, or otherwise address, the
recommendation.
(C) Written explanation.--If, after consultation
under subparagraph (B), the Secretary determines not to
incorporate a specific recommendation submitted to the
Secretary under subparagraph (A), the Secretary shall
provide to the Tribal commission a written explanation
of the reason for the determination by the date that is
30 days after the date on which the determination is
made.
(4) Contents.--The land management plan for each of the
relevant Conservation Areas shall--
(A) describe the appropriate uses and management of
the relevant Conservation Area;
(B) provide for traditional uses of the
Conservation Area by members of Indian Tribes in
accordance with subsection (b) and section 7;
(C) provide for the protection and preservation of
cultural resources within the relevant Conservation
Area;
(D) be developed with extensive public input and
government-to-government consultation with interested
Indian Tribes;
(E) take into consideration any information
developed in studies of the land within the relevant
Conservation Area; and
(F) include comprehensive travel management plans
for the relevant Conservation Area.
(b) Native American Uses.--
(1) In general.--To the extent practicable, the Secretary
shall ensure access to the Conservation Areas for traditional
cultural activities by members of Indian Tribes that are
culturally associated with the Conservation Areas.
(2) Purpose and intent.--Access provided under paragraph
(1) shall be consistent with the purpose and intent of Public
Law 95-341 (42 U.S.C. 1996), commonly referred to as the
American Indian Religious Freedom Act.
(3) Temporary closures.--
(A) In general.--In implementing this subsection,
the Secretary, upon the request of an interested Indian
Tribe, may temporarily close to general public use of
portions of the Conservation Areas to protect the
privacy of traditional cultural activities in such
areas by members of the interested Indian Tribe.
(B) Limitation.--Any closure pursuant to
subparagraph (A) shall be made to affect the smallest
practicable area for the minimum period of time
necessary for such purposes.
(c) Access.--The Secretary shall allow access, in accordance with
applicable law, to--
(1) non-Federal land and interests in non-Federal land
within the Conservation Areas; and
(2) trust or restricted lands or a trust or restricted
interest in land (as defined by section 201(4) of the Indian
Land Consolidation Act (25 U.S.C. 2201(4))) within the
Conservation Areas.
(d) Coordination and Interpretation.--
(1) In general.--The Secretary shall, in consultation with
each applicable Tribal Commission, seek to coordinate
conservation, protection, restoration, and scientific
management of the lands within the Great Bend of the Gila
National Conservation Area with similar activities carried out
on PLO 1015 lands.
(2) Interpretation.--The Secretary shall seek to ensure
that the following areas are interpreted for the public as an
overall complex linked by natural and cultural history and
resources:
(A) The Great Bend of the Gila National
Conservation Area.
(B) The Gila Bend Wilderness.
(C) The Red Rock Canyon Wilderness.
(D) PLO 1015 lands.
(e) Withdrawal.--Subject to valid existing rights, all Federal land
in the Conservation Areas (including any land acquired by the Secretary
within the Conservation Areas after the date of the enactment of this
Act) is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(f) Acquisition and Incorporation.--
(1) In general.--The Secretary may acquire land or an
interest in land within the boundaries of the Conservation
Areas by purchase from a willing seller, donation, or exchange.
(2) State lands.--The Secretary, in collaboration with the
Arizona State Land Department, shall seek to acquire by
exchange or purchase from a willing seller those lands
generally depicted on the Great Bend of the Gila Map as ``Lands
Identified for Potential Acquisition''.
(3) Incorporation in conservation areas.--Land acquired
under paragraph (1) or paragraph (2) shall--
(A) become part of the appropriate Conservation
Area and, if within the Wilderness Areas, the
appropriate wilderness area; and
(B) be managed in accordance with this Act and any
other applicable laws.
(4) PLO 1015.--If the Secretary determines that the lands
withdrawn by PLO 1015 and utilized by the Arizona Fish and Game
Commission are no longer necessary for the purposes for which
they were withdrawn, such lands shall--
(A) become part of the Great Bend of the Gila
National Conservation Area; and
(B) be managed by the United States Fish and
Wildlife Service in accordance with this Act and any
other applicable laws.
(g) Grazing.--The grazing of livestock in the Conservation Areas
and the Wilderness Areas, where established before the date of the
enactment of this Act, shall be allowed to continue, subject to such
reasonable regulations, policies, and practices as the Secretary
considers to be necessary in accordance with--
(1) applicable law (including regulations);
(2) the purposes of the Conservation Areas; and
(3) if within the Wilderness Areas, in accordance with the
section 101(f) of the Arizona Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628) and section 4(b)(2).
(h) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to the management of fish and
wildlife in the State.
(i) Water Rights.--Nothing in this Act--
(1) shall constitute either an express or implied
reservation by the United States of any water rights for the
Conservation Areas;
(2) affects the use or allocation, in existence on the date
of the enactment of this Act, of any water, water right, or
interest in water;
(3) affects any interstate water compact in existence on
the date of the enactment of this section; or
(4) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this Act.
(j) Invasive Species.--
(1) In general.--The Secretary may prescribe such measures
to control or eradicate nonnative invasive plants within the
Conservation Areas and the Wilderness Areas in accordance
with--
(A) the purposes of the Conservation Areas
described in section 3(b);
(B) the land management plans for each of the
Conservation Areas;
(C) applicable law (including regulations); and
(D) if within the Wilderness Areas, in accordance
with section 4 of the Wilderness Act (16 U.S.C.
1133(d)(4)).
(2) Inventory.--Not later than 3 years after the date of
the enactment of this Act, and every 5 years thereafter, the
Secretary shall conduct an inventory of nonnative invasive
plant species in the Conservation Areas.
(3) Coordination.--The Secretary shall coordinate the
management of nonnative invasive species within the
Conservation Areas with the Flood Control District of Maricopa
County and neighboring communities.
(k) Research and Interpretive Management.--The Secretary shall, in
consultation with each applicable Tribal Commission, allow scientific
research to be conducted in the Conservation Areas and the Wilderness
Areas, including research to identify, protect, and preserve the
historic and cultural resources of the Conservation Areas and the
Wilderness Areas, subject to such reasonable regulations, policies, and
practices as the Secretary considers to be necessary in accordance
with--
(1) applicable law (including regulations);
(2) the purposes of the Conservation Areas;
(3) if within the Wilderness Areas, in accordance with
section 4 of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(4) this Act.
(l) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
Conservation Areas, including military overflights that can be
seen or heard within the Conservation Areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over the Conservation Areas.
(m) Adjacent Management.--
(1) In general.--Nothing in this Act shall be construed to
create a protective perimeter or buffer zone around the
Conservation Areas.
(2) Activities and uses.--The fact that activities or uses
can be seen or heard from areas within the Conservation Areas
shall not preclude the conduct of the activities or uses
outside the boundary of the Conservation Areas.
SEC. 7. NATIVE AMERICAN RIGHTS AND USES.
(a) Tribal Rights.--Nothing in this Act alters or diminishes--
(1) the treaty rights of any Indian Tribe; or
(2) the hunting, fishing, and gathering rights of the
Tohono O'odham Nation recognized by section 4(b) of the Gila
Bend Indian Reservation Lands Replacement Act (Public Law 99-
503).
(b) Consultation.--The Secretary shall consult with interested
Indian Tribes--
(1) in carrying out the land management plans;
(2) providing access under section 6(b); and
(3) to determine whether to charter an advisory committee
to provide advice on the management of the Conservation Areas.
SEC. 8. TRIBAL COMMISSION.
(a) In General.--To ensure that the management of the Conservation
Areas reflects the expertise and traditional, cultural, ecological, and
historical knowledge and Native knowledge of members of interested
Indian Tribes, not later than 180 days after the date of the enactment
of this Act, the Secretary shall establish for the Conservation Areas a
Tribal commission.
(b) Duties.--The Tribal commission shall provide guidance and
recommendations on the development and implementation of the management
plan for, and policies of, the Conservation Area.
(c) Membership.--
(1) Composition.--The Tribal commission shall consist of
the representatives designated by each interested Indian Tribe
with a historical association with the land within the
boundaries of the Conservation Areas, with a maximum of 1
representative per interested Indian Tribe.
(2) Process.--The Secretary shall conduct government-to-
government consultation with each interested Indian Tribe with
a historical association with the land within the boundaries of
the Conservation Areas to determine whether the interested
Indian Tribe may designate a representative to be a member of
the Tribal commission under paragraph (1).
(d) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Tribal commission.
SEC. 9. SELF-DETERMINATION CONTRACTS.
(a) In General.--The Secretary may contract with 1 or more Indian
Tribes or Tribal organizations to perform administrative or management
functions within the Conservation Areas through contracts entered into
under the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).
(b) Environmental and Other Requirements.--
(1) Effect.--Nothing in this section alters or abridges the
application of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(D) any other applicable Federal environmental law
(including regulations); or
(E) the Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Environmental analyses.--Nothing in this section
authorizes the Secretary, an Indian Tribe, or a Tribal
organization to waive completion of any necessary environmental
analysis under applicable Federal law.
(3) Retention of nepa responsibilities.--The Secretary
shall make any decision required to be made under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
other applicable Federal law (including regulations) with
respect to any activity to be carried out on public land under
the jurisdiction of the Bureau of Land Management and Fish and
Wildlife Service under this Act.
(4) Applicability of the administrative procedure act.--
Nothing in this section alters or abridges the application of
subchapter II of chapter 5, or chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act''), to this Act.
(c) Tribal Assistance.--The Secretary may provide technical and
financial assistance to an Indian Tribe in accordance with section 103
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5322) to improve the capacity of the Indian Tribe to develop,
enter into, and carry out activities under a contract under subsection
(a).
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