[House Report 105-612]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-612
_______________________________________________________________________


 
               NATIONAL PARK SYSTEM NEW AREA STUDIES ACT

                                _______
                                

 July 14, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1728]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1728) to provide for the development of a plan and a 
management review of the National Park System and to reform the 
process by which areas are considered for addition to the 
National Park System, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Park System New Area Studies 
Act''.

SEC. 2. STUDY OF NEW PARK SYSTEM AREAS.

  Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; popularly known as 
the National Park System General Authorities Act) is amended as 
follows:
          (1) By inserting ``General Authority.--'' after ``(a)''.
          (2) By striking the second through the seventh sentences of 
        subsection (a).
          (3) By designating the last two sentences of subsection (a) 
        as subsection (e) and inserting in the first of such sentences 
        before the words ``For the purposes of carrying'' the 
        following: ``(e) Authorization of Appropriations.--''.
          (4) By inserting the following after subsection (a):
  ``(b) Studies of Areas for Potential Addition.--(1) At the beginning 
of each calendar year, along with the annual budget submission, the 
Secretary of the Interior shall submit to the Committee on Resources of 
the House of Representatives and to the Committee on Energy and Natural 
Resources of the United States Senate a list of areas recommended for 
study for potential inclusion in the National Park System.
  ``(2) In developing the list to be submitted under this subsection, 
the Secretary shall give consideration to those areas that have the 
greatest potential to meet the established criteria of national 
significance, suitability, and feasibility. The Secretary shall give 
special consideration to themes, sites, and resources not already 
adequately represented in the National Park System.
  ``(3) No study of the potential of an area for inclusion in the 
National Park System may be initiated after the date of enactment of 
this subsection, except as provided by specific authorization of an Act 
of Congress.
  ``(4) Nothing in this Act shall limit the authority of the National 
Park Service to conduct preliminary resource assessments, gather data 
on potential study areas, provide technical and planning assistance, 
prepare or process nominations for administrative designations, update 
previous studies, or complete reconnaissance surveys of individual 
areas requiring a total expenditure of less than $25,000.
  ``(5) Nothing in this section shall be construed to apply to or to 
affect or alter the study of any river segment for potential addition 
to the national wild and scenic rivers system or to apply to or to 
affect or alter the study of any trail for potential addition to the 
national trails system.
  ``(c) Report.--(1) The Secretary of the Interior shall complete the 
study for each area for potential inclusion in the National Park System 
within 3 complete fiscal years following the date of enactment of 
specific legislation providing for the study of such area. Each study 
under this section shall be prepared with appropriate opportunity for 
public involvement, including at least one public meeting in the 
vicinity of the area under study, and after reasonable efforts to 
notify potentially affected landowners and State and local governments.
  ``(2) In conducting the study, the Secretary shall consider whether 
the area under study--
          ``(A) possesses nationally significant natural or cultural 
        resources and represents one of the most important examples of 
        a particular resource type in the country; and
          ``(B) is a suitable and feasible addition to the system.
  ``(3) Each study--
          ``(A) shall consider the following factors with regard to the 
        area being studied--
                  ``(i) the rarity and integrity of the resources;
                  ``(ii) the threats to those resources;
                  ``(iii) similar resources are already protected in 
                the National Park System or in other public or private 
                ownership;
                  ``(iv) the public use potential;
                  ``(v) the interpretive and educational potential;
                  ``(vi) costs associated with acquisition, development 
                and operation;
                  ``(vii) the socioeconomic impacts of any designation;
                  ``(viii) the level of local and general public 
                support, and
                  ``(ix) whether the area is of appropriate 
                configuration to ensure long-term resource protection 
                and visitor use;
          ``(B) shall consider whether direct National Park Service 
        management or alternative protection by other public agencies 
        or the private sector is appropriate for the area;
          ``(C) shall identify what alternative or combination of 
        alternatives would in the professional judgment of the Director 
        of the National Park Service be most effective and efficient in 
        protecting significant resources and providing for public 
        enjoyment; and
          ``(D) may include any other information which the Secretary 
        deems to be relevant.
  ``(4) Each study shall be completed in compliance with the National 
Environmental Policy Act of 1969.
  ``(5) The letter transmitting each completed study to Congress shall 
contain a recommendation regarding the Secretary's preferred management 
option for the area.
  ``(d) List of Areas.--At the beginning of each calendar year, along 
with the annual budget submission, the Secretary of the Interior shall 
submit to the Committee on Resources of the House of Representatives 
and to the Committee on Energy and Natural Resources of the United 
States Senate a list of areas which have been previously studied which 
contain primarily historical resources, and a list of areas which have 
been previously studied which contain primarily natural resources, in 
numerical order of priority for addition to the National Park System. 
In developing the lists, the Secretary should consider threats to 
resource values, cost escalation factors, and other factors listed in 
subsection (c) of this section. The Secretary should only include on 
the lists areas for which the supporting data is current and 
accurate.''.
          (5) By adding at the end of subsection (e) (as designated by 
        paragraph (3) of this section) the following: ``For carrying 
        out subsections (b) through (d) there are authorized to be 
        appropriated $2,000,000.''.

                          Purpose of the Bill

    The purpose of H.R. 1728 (as introduced) is to provide for 
the development of a plan and a management review of the 
National Park System and to reform the process by which areas 
are considered for addition to the National Park System.

                  Background and Need for Legislation

    The National Park Service is charged with the stewardship 
of many of the nation's precious natural and historical 
resources. The 376 units which currently make up the National 
Park System are a diverse collection of parks, historic sites, 
memorials, monuments, seashores, battlefields, parkways and 
trails. These areas are known throughout the world for their 
scenic beauty and historical significance. H.R. 1728 aims 
toward maintaining the integrity of the National Park System 
through various improvements to the process of planning and 
establishing units of the National Park System.
    The National Park Service has been directed by Congress (16 
U.S.C. 1a-5) to study and monitor areas to determine if they 
are nationally significant and whether they have potential for 
inclusion in the National Park System. To be eligible for 
favorable consideration as a unit of the National Park System, 
an area must: (1) possess nationally significant natural or 
historical resources; (2) be a suitable and feasible addition 
to the system; and (3) require direct National Park Service 
management instead of alternative protection by other agencies 
or the private sector. These criteria are designed to ensure 
that the National Park System includes only the most 
outstanding examples of the nation's heritage. After the 
National Park Service studies a potential new area, its study 
is forwarded to Congress.
    The Committee believes reforms are needed to this process. 
Congress relies heavily on National Park Service studies to 
make evaluations about the significant of an area and its 
suitability for designation as a National Park Service unit. 
Between 1976 and 1981 the National Park Service had a program 
of identifying high priority candidates for study. This program 
was terminated in 1981, and until recent years, the National 
Park Service has not had legislative direction to recommend 
potential new parks. In the absence of initiatives coming from 
the National Park Service, Congress directed numerous studies 
of specific areas both in authorizing legislation and in 
appropriations of funds earmarked for particular units.
    Several problems exist with the current new area study 
process. First, there are three separate sources for new area 
studies: the National Park Service itself, the authorizing 
committees and the appropriations committees. There is no 
agreed-upon process for ranking the priority of these studies, 
nor is there adequate funding to complete all of them. Because 
studies usually require two to three years, some studies are 
delayed indefinitely or are started then stopped in midstream 
because all available funding in a particular fiscal year is 
earmarked for other studies. Second, the quality of the studies 
also varies widely, as does the level of review and scrutiny by 
the Washington, D.C., office of the National Park Service. It 
has been too easy for political considerations to be injected 
into the study process, and recommendations of professional 
planners are sometimes changed for political reasons. Third, is 
that some studies come to Congress without any preferred 
action, which can lead to confusion regarding the 
Administration's position on a particular area. New area 
legislation may be introduced on the basis of an ambiguous 
study, when in fact the resource involved might not meet the 
criteria for designation. H.R. 1728 would remedy all these 
problems.
    Lastly, it was the intent of the Congress that the 
appropriation of $2,000,000 authorized for carrying out these 
activities would be on an annual basis.

                      Section-by-Section Analysis

                         Section 1. Short Title

    The bill may be cited as ``The National Park System New 
Area Studies Act.''

               Section 2. Study of New Park System Areas

    H.R. 1728 amends the Act of August 18, 1970 (commonly known 
as the General Authorities Act) to make a number of reforms to 
the new areas study process.
    The bill provides that at the beginning of each calendar 
year, along with the annual budget submission, the Secretary 
will submit to Congress a list of any areas recommended for 
study with potential to meet the established criteria of 
national significance, suitability and feasibility. The 
Secretary shall give specific consideration to themes, sites 
and resources not already adequately represented in the 
National Park System as identified in the National Park System 
Plan.
    The bill requires that all new area studies be specifically 
authorized by Congress. The Committee notes that this 
prohibition does not apply to the authority of the National 
Park Service to conduct preliminary resource assessments, 
gather data on potential study sites, provide technical and 
planning assistance, process nominations for administrative 
designations, update previous studies or complete 
reconnaissance surveys of individual sites requiring a total 
expenditure of less than $25,000. The Committee also noted that 
this provision does not effect the study authority contained in 
the Wild and Scenic Rivers Act, the National Trails System Act 
or the Wilderness Act. Upon authorization, studies would be 
completed in three years and would have to contain the 
management alternative preferred by the National Park Service. 
The section also specifies the national significance, 
suitability and feasibility criteria and other factors which 
the study must consider.
    Each study shall identify what alternative or combination 
of alternatives would, in the professional judgement of the 
National Park Service, be most effective and efficient in 
protecting significant resources and providing for public 
enjoyment. The letter transmitting each study to Congress shall 
contain a recommendation regarding the Administration's 
preferred management option for the area. The Committee expects 
these studies to reflect the highest possible professional 
standards and provide a clear recommendation to Congress. If an 
area fails to meet established criteria, the study should 
clearly state this finding. The purpose of these reforms is 
toprovide Congress with the professional opinion of the National Park 
Service earlier in the process of considering areas for addition to the 
Park System.
    The bill also requires the Secretary of the Interior to 
annually submit a prioritized list of areas previously studied 
for addition to the National Park System. The National Park 
Service will submit two priority rankings, one for areas which 
contain primarily historical resources and one for areas which 
contain primarily natural resources.

                            Committee Action

    H.R. 1728 was introduced on May 22, 1997, by Congressman 
Joel Hefley (R-CO). H.R. 1728 was referred to the Committee on 
Resources, and within the Committee, to the Subcommittee on 
National Parks and Public Lands. On February 24, 1998, the 
Subcommittee held a hearing on H.R. 1728 where Maureen 
Finnerty, Associate Director for Park Operations and Education 
of the National Park Service, testified in favor of the measure 
with some minor clarifications. On June 11, 1998, the 
Subcommittee met to consider H.R. 1728. Congressman Hefley 
offered several amendments en bloc to address the concerns of 
the Administration. The amendments were adopted by voice vote. 
The bill, as amended, was then ordered reported by voice vote 
to the Full Committee. On June 17, 1998, the Full Committee met 
to consider the bill. No further amendments were offered and 
the bill, as amended, was ordered favorably reported to the 
House of Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 1728.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1728. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1728 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1728.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1728 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 1, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1728, the National 
Park System New Area Studies Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Paul Van de Water
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 1728--National Park System New Area Studies Act

    Summary: Assuming appropriation of the authorized amounts, 
CBO estimates that the federal government would spend an 
additional $2 million annually under H.R. 1728 to study new 
areas for potential inclusion in the National Park System. The 
bill would not affect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would not affect the 
budgets of state, local, or tribal governments.
    H.R. 1728 would establish a statutory process for reviewing 
new areas as potential additions to the National Park System. 
The changes made by the bill to laws governing the National 
Park Service (NPS) would codify practices already adopted by 
the agency for conducting such reviews. Under these procedures, 
the NPS would include within its annual budget request a list 
of areas that the agency recommends for study as possible new 
park units. Once the NPS receives authority for a study, it 
would have three years to complete a final report on the area. 
H.R. 1728 would authorize appropriations of $2 million annually 
for carrying out the studies under the new procedures (in 
addition to an existing authorization of appropriations for 
conducting new area studies of $1 million a year).
    Estimated cost to the Federal Government: Based on 
information provided by the NPS and assuming appropriation of 
all amounts authorized for new area studies, CBO estimates that 
the NPS would spend $3 million annually to carry out the 
procedures mandated by H.R. 1728--$2 million more per year than 
under current law. Total additional spending over the 1999-2003 
period would be $10 million. The estimated budgetary impact of 
H.R. 1728 is shown in the following table. The costs of this 
legislation fall within budget function 300 (natural resources 
and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal years, in millions of dollars--  
                                                                 -----------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending Under Current Law:                                                                                     
    Authorization Level \1\.....................................       1       1       1       1       1       1
    Estimated Outlays...........................................       1       1       1       1       1       1
Proposed Changes:                                                                                               
    Authorization Level.........................................       0       2       2       2       2       2
    Estimated Outlays...........................................       0       2       2       2       2       2
Spending Under H.R. 1728:                                                                                       
    Authorization \1\...........................................       1       3       3       3       3       3
    Estimated Outlays...........................................       1       3       3       3       3       3
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year. The levels shown in each of the outyears are the   
  amounts authorized under current law.                                                                         

    Basis of estimate: For the purpose of this estimate, CBO 
assumes that H.R. 1728 will be enacted before the beginning of 
fiscal year 1999 and that all amounts authorized (by both the 
bill and existing law) for new area studies would be 
appropriated for each fiscal year. Estimated outlays are based 
on historical spending patterns for this activity.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1728 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Deborah Reis.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 1728 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                         ACT OF AUGUST 18, 1970

 (POPULARLY KNOWN AS THE NATIONAL PARK SYSTEM GENERAL AUTHORITIES ACT)

AN ACT To improve the administration of the national park system by the 
Secretary of the Interior, and to clarify the authorities applicable to 
the system, and for other purposes

           *       *       *       *       *       *       *


  Sec. 8. (a) General Authority.--The Secretary of the Interior 
is directed to investigate, study, and continually monitor the 
welfare of areas whose resources exhibit qualities of national 
significance and which may have potential for inclusion in the 
National Park System. [At the beginning of each fiscal year, 
the Secretary shall transmit to the Speaker of the House of 
Representatives and to the President of the Senate, 
comprehensive reports on each of those areas upon which studies 
have been completed. Each such report shall indicate and 
elaborate on the theme(s) which the area represents as 
indicated in the National Park System Plan. On this same date, 
and accompanying such reports, the Secretary shall transmit a 
listing, in generally descending order of importance or merit, 
of not less than twelve such areas which appear to be of 
national significance and which may have potential for 
inclusion in the National Park System. Threats to resource 
values, and cost escalation factors shall be considered in 
listing the order of importance or merit. Such listing may be 
comprised of any areas heretofore submitted under terms of this 
section, and which at the time of listing are not included in 
the National Park System. Accompanying the annual listing of 
areas shall be a synopsis, for each report previously 
submitted, of the current and changed condition of the resource 
integrity of the area and other relevant factors, compiled as a 
result of continual periodic monitoring and embracing the 
period since the previous such submission or initial report 
submission one year earlier.] The Secretary is also directed to 
transmit annually to the Speaker of the House of 
Representatives and to the President of the Senate, at the 
beginning of each fiscal year, a complete and current list of 
all areas included on the Registry of Natural Landmarks and 
those areas of national significance listed on the National 
Register of Historic places which areas exhibit known or 
anticipated damage or threats to the integrity of their 
resources, along with notations as to the nature and severity 
of such damage or threats. Each report and annual listing shall 
be printed as a House document: Provided, That should adequate 
supplies of previously printed identical reports remain 
available, newly submitted identical reports shall be omitted 
from printing upon the receipt by the Speaker of the United 
States House of Representatives of a joint letter from the 
chairman of the Committee on Natural Resources of the United 
States House of Representatives and the chairman of the 
Committee on Energy and Natural Resources of the United States 
Senate indicating such to be the case. [For the purposes of 
carrying out the studies for potential new Park System units 
and for monitoring the welfare of those resources, there are 
authorized to be appropriated annually not to exceed 
$1,000,000. For the purposes of monitoring the welfare and 
integrity of the national landmarks, there are authorized to be 
appropriated annually not to exceed $1,500,000.]
  (b) Studies of Areas for Potential Addition.--(1) At the 
beginning of each calendar year, along with the annual budget 
submission, the Secretary of the Interior shall submit to the 
Committee on Resources of the House of Representatives and to 
the Committee on Energy and Natural Resources of the United 
States Senate a list of areas recommended for study for 
potential inclusion in the National Park System.
  (2) In developing the list to be submitted under this 
subsection, the Secretary shall give consideration to those 
areas that have the greatest potential to meet the established 
criteria of national significance, suitability, and 
feasibility. The Secretary shall give special consideration to 
themes, sites, and resources not already adequately represented 
in the National Park System.
  (3) No study of the potential of an area for inclusion in the 
National Park System may be initiated after the date of 
enactment of this subsection, except as provided by specific 
authorization of an Act of Congress.
  (4) Nothing in this Act shall limit the authority of the 
National Park Service to conduct preliminary resource 
assessments, gather data on potential study areas, provide 
technical and planning assistance, prepare or process 
nominations for administrative designations, update previous 
studies, or complete reconnaissance surveys of individual areas 
requiring a total expenditure of less than $25,000.
  (5) Nothing in this section shall be construed to apply to or 
to affect or alter the study of any river segment for potential 
addition to the national wild and scenic rivers system or to 
apply to or to affect or alter the study of any trail for 
potential addition to the national trails system.
  (c) Report.--(1) The Secretary of the Interior shall complete 
the study for each area for potential inclusion in the National 
Park System within 3 complete fiscal years following the date 
of enactment of specific legislation providing for the study of 
such area. Each study under this section shall be prepared with 
appropriate opportunity for public involvement, including at 
least one public meeting in the vicinity of the area under 
study, and after reasonable efforts to notify potentially 
affected landowners and State and local governments.
  (2) In conducting the study, the Secretary shall consider 
whether the area under study--
          (A) possesses nationally significant natural or 
        cultural resources and represents one of the most 
        important examples of a particular resource type in the 
        country; and
          (B) is a suitable and feasible addition to the 
        system.
  (3) Each study--
          (A) shall consider the following factors with regard 
        to the area being studied--
                  (i) the rarity and integrity of the 
                resources;
                  (ii) the threats to those resources;
                  (iii) similar resources are already protected 
                in the National Park System or in other public 
                or private ownership;
                  (iv) the public use potential;
                  (v) the interpretive and educational 
                potential;
                  (vi) costs associated with acquisition, 
                development and operation;
                  (vii) the socioeconomic impacts of any 
                designation;
                  (viii) the level of local and general public 
                support, and
                  (ix) whether the area is of appropriate 
                configuration to ensure long-term resource 
                protection and visitor use;
          (B) shall consider whether direct National Park 
        Service management or alternative protection by other 
        public agencies or the private sector is appropriate 
        for the area;
          (C) shall identify what alternative or combination of 
        alternatives would in the professional judgment of the 
        Director of the National Park Service be most effective 
        and efficient in protecting significant resources and 
        providing for public enjoyment; and
          (D) may include any other information which the 
        Secretary deems to be relevant.
  (4) Each study shall be completed in compliance with the 
National Environmental Policy Act of 1969.
  (5) The letter transmitting each completed study to Congress 
shall contain a recommendation regarding the Secretary's 
preferred management option for the area.
  (d) List of Areas.--At the beginning of each calendar year, 
along with the annual budget submission, the Secretary of the 
Interior shall submit to the Committee on Resources of the 
House of Representatives and to the Committee on Energy and 
Natural Resources of the United States Senate a list of areas 
which have been previously studied which contain primarily 
historical resources, and a list of areas which have been 
previously studied which contain primarily natural resources, 
in numerical order of priority for addition to the National 
Park System. In developing the lists, the Secretary should 
consider threats to resource values, cost escalation factors, 
and other factors listed in subsection (c) of this section. The 
Secretary should only include on the lists areas for which the 
supporting data is current and accurate.
  (e) Authorization of Appropriations.--For the purposes of 
carrying out the studies for potential new Park System units 
and for monitoring the welfare of those resources, there are 
authorized to be appropriated annually not to exceed 
$1,000,000. For the purposes of monitoring the welfare and 
integrity of the national landmarks, there are authorized to be 
appropriated annually not to exceed $1,500,000. For carrying 
out subsections (b) through (d) there are authorized to be 
appropriated $2,000,000.

           *       *       *       *       *       *       *