[Senate Report 111-257]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 527
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-257

======================================================================



 
                    DEVIL'S STAIRCASE WILDERNESS ACT

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1272]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1272) to provide for the designation of 
the Devil's Staircase Wilderness Area in the State of Oregon, 
to designate segments of Wasson and Franklin Creeks in the 
State of Oregon as wild or recreation rivers, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and an amendment to the title and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. 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 ``Devil's Staircase Wilderness Act of 
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Devil's 
        Staircase Wilderness Proposal'' and dated June 15, 2010.
          (2) Secretary.--The term ``Secretary'' means--
                  (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                  (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
          (3) State.--The term ``State'' means the State of Oregon.
          (4) Wilderness.--The term ``Wilderness'' means the Devil's 
        Staircase Wilderness designated by section 3(a).

SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the approximately 30,540 acres of Forest Service land 
and Bureau of Land Management land in the State, as generally depicted 
on the map, is designated as wilderness and as a component of the 
National Wilderness Preservation System, to be known as the ``Devil's 
Staircase Wilderness''.
    (b) Map; Legal Description.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Wilderness.
          (2) Force of law.--The map and legal description prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        clerical and typographical errors in the map and legal 
        description.
          (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service and 
        Bureau of Land Management.
    (c) Administration.--Subject to valid existing rights, the area 
designated as wilderness by this section shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that--
          (1) any reference in that Act to the effective date shall be 
        considered to be a reference to the date of enactment of this 
        Act; and
          (2) any reference in that Act to the Secretary of Agriculture 
        shall be considered to be a reference to the Secretary that has 
        jurisdiction over the land within the Wilderness.
    (d) Fish and Wildlife.--Nothing in this section affects the 
jurisdiction or responsibilities of the State with respect to fish and 
wildlife in the State.
    (e) Adjacent Management.--
          (1) In general.--Nothing in this section creates any 
        protective perimeter or buffer zone around the Wilderness.
          (2) Activities outside wilderness.--The fact that a 
        nonwilderness activity or use on land outside the Wilderness 
        can be seen or heard within the Wilderness shall not preclude 
        the activity or use outside the boundary of the Wilderness.
    (f) Protection of Tribal Rights.--Nothing in this section 
diminishes any treaty rights of an Indian tribe.
    (g) Transfer of Administrative Jurisdiction.--
          In general.--Administrative jurisdiction over the 
        approximately 49 acres of Bureau of Land Management land north 
        of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is 
        transferred from the Bureau of Land Management to the Forest 
        Service.
          (2) Administration.--The Secretary shall administer the land 
        transferred by paragraph (1) in accordance with--
                  (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                  (B) any laws (including regulations) applicable to 
                the National Forest System.

SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN 
                    CREEK, OREGON.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
          ``(210) Franklin creek, oregon.--The 4.5-mile segment from 
        its headwaters to the line of angle points within sec. 8, T. 22 
        S., R. 10 W., shown on the survey recorded in the Official 
        Records of Douglas County, Oregon, as M64-62, to be 
        administered by the Secretary of Agriculture as a wild river.
          ``(211) Wasson creek, oregon.--The 10.1-mile segment in the 
        following classes:
                  ``(A) The 4.2-mile segment from the eastem boundary 
                of sec. 17, T. 21 S., R. 9 W., downstream to the 
                western boundary of sec. 12, T. 21 S., R. 10 W., to be 
                administered by the Secretary of the Interior as a wild 
                river.
                  ``(B) The 5.9-mile segment from the western boundary 
                of sec. 12, T. 21 S., R. 10 W., downstream to the 
                eastern boundary of the northwest quarter of sec. 22, 
                T. 21 S., R. 10 W., to be administered by the Secretary 
                of Agriculture as a wild river.''.

    2. Amend the title so as to read: ``A bill to provide for 
the designation of the Devil's Staircase Wilderness Area in the 
State of Oregon, to designate segments of Wasson and Franklin 
Creeks in the State of Oregon as components of the National 
Wild and Scenic Rivers System, and for other purposes.''.

                                Purpose

    The purpose of S. 1272 is to designate approximately 30,540 
acres of Federal land in the State of Oregon as the Devil's 
Staircase Wilderness Area and to amend the Wild and Scenic 
Rivers Act to designate approximately 10.1 miles of Wasson 
Creek and 4.5 miles of Franklin Creek in the State of Oregon as 
``wild rivers.''

                          Background and Need

    The Devil's Staircase area is part of the Oregon Coast 
Range on the west coast of Oregon, northwest of Elkton. The 
terrain is steep, wild, and remote, and is home to two 
threatened bird species: the northern spotted owl and the 
marbled murrelet. The name ``Devil's Staircase'' comes from a 
stair-step waterfall on Wasson Creek.
    Approximately 23,660 acres of the land proposed for 
wilderness designation are managed by the Forest Service as 
Late Successional Reserves in the Siuslaw National Forest. The 
Bureau of Land Management (``BLM'') manages approximately 6,880 
acres of the land proposed for wilderness designation, most of 
which is revested Oregon and California Railroad land. The BLM 
land currently is administratively protected as an Area of 
Critical Environmental Concern and through other protective 
classifications.
    The creeks proposed for designation under the Wild and 
Scenic Rivers Act are characterized by outstanding scenic, 
recreational, and ecological values, and have been identified 
as critical habitat for coho salmon, a threatened species under 
the Endangered Species Act.

                          Legislative History

    S. 1272 was introduced by Senators Wyden and Merkley on 
June 16, 2009. The Subcommittee on Public Lands and Forests 
held a hearing on the bill on October 8, 2009 (S. Hrg. 111-
285). The Committee on Energy and Natural Resources considered 
the bill and adopted an amendment in the nature of a substitute 
and an amendment to the title at its business meeting on June 
16, 2010. The Committee ordered S. 1272 favorably reported, as 
amended, at its business meeting on June 21, 2010.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1272, if amended as 
described herein.

                          Committee Amendment

    During consideration of S. 1272, the Committee adopted an 
amendment in the nature of a substitute and an amendment to the 
title. The amendment includes a new map depicting the land 
proposed for wilderness designation, which includes a number of 
minor boundary adjustments to exclude roads and power lines, 
for example. The amendment also provides for the transfer of 
administrative jurisdiction over a parcel of approximately 49 
acres of BLM land in the proposed Devil's Staircase Wilderness 
to the Forest Service. The amendment is explained in detail in 
the section-by-section analysis below.

                      Section-by-Section Analysis

    Section 1 provides the short title for the bill, the 
``Devil's Staircase Wilderness Act of 2010.''
    Section 2 defines key terms used in the bill.
    Section 3(a) designates approximately 30,540 acres of 
Federal land managed by the Forest Service and BLM as the 
Devil's Staircase Wilderness.
    Subsection (b) directs the Secretary to prepare a map and 
legal description of the Wilderness and to make it publically 
available.
    Subsection (c) provides that the designation of the Devil's 
Staircase Wilderness shall be administered in accordance with 
the Wilderness Act, except as provided in paragraphs (1) and 
(2) and subject to valid existing rights. The Committee is 
aware that the Forest Service's records indicate that some 
parcels of National Forest land within the proposed wilderness 
are subject to an existing undeveloped easement, including in 
sec. 15, T. 21 S., R. 10 W. This provision reiterates that the 
application of the Wilderness Act to the Federal land is 
subject to and would not interfere with the exercise of any 
valid existing easements.
    Subsection (d) clarifies that the wilderness designation 
does not affect the State of Oregon's jurisdiction with respect 
to fish and wildlife.
    Subsection (e) clarifies that the wilderness designation 
does not create a buffer or preclude non-wilderness activities 
outside of the wilderness.
    Subsection (f) confirms that the wilderness designation 
does not diminish any tribal treaty rights.
    Subsection (g) transfers administrative jurisdiction over 
approximately 49 acres of BLM land to the Forest Service, to be 
administered in accordance with the ``Weeks Law'' (16 U.S.C. 
480 et seq.) and other laws applicable to the National Forest 
System.
    Section 4 amends the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) to add approximately 4.5 miles of Franklin Creek and 
approximately 10.1 miles in two segments of Wasson Creek to be 
administered by the Secretaries of Agriculture and the Interior 
as wild rivers.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1272--Devil's Staircase Wilderness Act of 2010

    S. 1272 would designate about 30,520 acres of federal land 
in Oregon as the Devil's Staircase Wilderness. The bill would 
also designate about 15 miles of creeks in the area as wild 
rivers under the Wild and Scenic Rivers Act. Based on 
information provided by the agencies that administer those 
areas, CBO estimates that implementing S. 1272 would have no 
significant effect on the federal budget. Enacting S. 1272 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
    The acreage and waterways to be added by S. 1272 to the 
National Wilderness Preservation system or the Wild and Scenic 
Rivers System are already owned by the federal government and 
are currently administered--by either the Forest Service or the 
Bureau of Land Management (BLM)--for conservation purposes. CBO 
expects that designating those areas as wilderness would not 
raise the costs of managing or protecting them. We estimate 
that any costs to revise brochures, maps, and signs to reflect 
the new designations would be minimal because most such 
revisions would take place in conjunction with scheduled 
reprinting and routine maintenance.
    Finally, CBO estimates that enacting S. 1272 would have no 
effect on Forest Service or BLM offsetting receipts. The lands 
that would be designated as wilderness under the bill are 
already managed for conservation purposes and produce no income 
from commercial activities.
    S. 1272 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On November 5, 2009, CBO transmitted an estimate for H.R. 
2888, the Devil's Staircase Wilderness Act of 2009, as ordered 
reported by the House Committee on Natural Resources on October 
28, 2009. H.R. 2888 and S. 1272 are very similar, and the 
estimated budgetary effects of the two bills are the same.
    The CBO staff contacts for this estimate are Alan Eder and 
Deborah Reis. The estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evalution

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1272.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1272, as ordered reported.

                   Congressionally Directed Spending

    S. 1272, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The views of the Department of Agriculture and the 
Department of the Interior were included in testimony received 
by the Committee at a hearing on S. 1272 on October 8, 2009, 
which is printed below:

 Statement of Jay Jensen, Deputy Under Secretary for Forestry, Natural 
          Resources and Environment, Department of Agriculture

    Mr. Chairman, Honorable Ranking Member and distinguished 
members of the Committee, thank you for the opportunity to 
speak with you today about bills that address Wilderness 
designations in the coastal Douglas-fir forests of Oregon and 
Native land claims in Alaska. I will open my testimony by 
addressing the designation of Devil's Staircase and followed by 
the Southeast Alaska Native Land Entitlement Finalization Act.
    S. 1272 would designate an area known as the Devil's 
Staircase as Wilderness under the National Wilderness 
Preservation System. In addition, S. 1272 would designate 
segments of Wasson and Franklin Creeks in the State of Oregon 
as wild rivers under the Wild and Scenic Rivers Act. The 
Department supports the designation of the Devil's Staircase 
Wilderness as well as the Wild and Scenic River designations on 
National Forest System lands. We would like to offer minor 
modifications to S. 1272 that would enhance wilderness values 
and improve our ability to manage resources in the area.


                DEVIL'S STAIRCASE WILDERNESS DESIGNATION


    The Devil's Staircase area lies in the central Oregon Coast 
Range, north of the Umpqua River and south of the Smith River. 
Elevations in the area range from near sea level to about 1,600 
feet. The area is characterized by steep, highly dissected 
terrain. It is quite remote and difficult to access. A stair 
step waterfall on Wasson Creek is the source of the name 
Devil's Staircase.
    The proposed Wilderness encompasses approximately 29,600 
acres of National Forest System (NFS) and Bureau of Land 
Management (BLM) lands. NFS lands are approximately 23,500 
acres, and BLM lands are approximately 6,100 acres. 
Approximately 7,800 acres of the NFS lands are within the 
Wasson Creek Undeveloped Area under the Forest Plan for the 
Siuslaw National Forest and were evaluated for wilderness 
characteristics in the 1990 Siuslaw National Forest Land and 
Resource Management Plan. While the Forest Service remains 
committed to the forest planning process, the agency did not 
have the opportunity to recommend wilderness during the 
development of the 1990 Siuslaw National Forest Land and 
Resource Management Plan. Congress passed Public Law 98-328, 
the Oregon Wilderness Act of 1984. That Act provided specific 
language regarding the wilderness recommendation process that 
exempted the Forest Service from having to further review a 
wilderness option for unroaded lands in the forest planning 
process since Congress had just acted on the matter. The Act 
does specify that during a forest plan revision the agency be 
required to revisit the wilderness options. For this reason, 
the Siuslaw National Forest Land and Resource Management Plan 
did not include a wilderness recommendation. The 1990 Record of 
Decision determined that the Wasson Creek inventoried Roadless 
Area would be managed for undeveloped recreation opportunities.
    All NFS lands that would be designated as Wilderness are 
classified as Late Successional Reserve under the Northwest 
Forest Plan, which amended the Siuslaw National Forest Land and 
Resource Management Plan in 1994. This land allocation provides 
for the preservation of old growth (late successional) habitat. 
There are no planned resource management or developed 
recreation projects within the NFS portion of the lands to be 
designated as Wilderness.
    Most of the area is forested with older stands of Douglas-
fir and western hemlock, and red alder in riparian areas. All 
three tree species are under-represented in the National 
Wilderness Preservation System, relative to their abundance on 
NFS lands in Washington and Oregon. These older stands provide 
critical habitat and support nesting pairs of the northern 
spotted owl and marbled murrelet, which are listed as 
Threatened species under the Endangered Species Act.
    The proposed Devil's Staircase Wilderness provides an 
outstanding representation of the Oregon Coast Range and would 
enhance the National Wilderness Preservation System. The Oregon 
Coast Range has been largely modified with development, roads, 
and logging. Three small wilderness areas currently exist along 
the Oregon portion of the Pacific Coast Range, and the proposed 
Devil's Staircase Wilderness would more than double the acres 
of old-growth coastal rainforest in a preservation status. 
Wilderness designation would also preserve the Devil's 
Staircase, which is a unique landscape feature.


                     ROAD AND ROAD DECOMMISSIONING


    There are approximately 24 miles of National Forest System 
roads within the proposal boundary, 10.5 miles of which are not 
needed for administrative use and would be decommissioned or 
obliterated.
    The remaining 13.5 miles of road comprise Forest Service 
Road 4100, which bisects the proposed wilderness. The 
Department recommends the Committee consider including in the 
Wilderness designation Forest Service Road 4100 to be managed 
as a non-motorized, foot and/or horse trail compatible with 
wilderness uses. Removing the road would result in the 
Department being able to manage the wilderness as a whole 
rather than two halves. The road is currently brushy and 
difficult to travel, making restoration of a wilderness setting 
a viable option. The Forest Service would use a minimum-tool 
analysis to determine the appropriate tools necessary to 
complete activities associated with the road.


                   WILD AND SCENIC RIVER DESIGNATIONS


    S. 1272 would also designate approximately 10.4 miles of 
streams on National Forest System lands as part of the National 
Wild and Scenic Rivers System: 5.9 miles of Wasson Creek and 
4.5 miles of Franklin Creek, both on the Siuslaw National 
Forest. Both Wasson and Franklin Creeks have been identified by 
the National Marine Fisheries Service (NMFS) as critical 
habitat for coho salmon (Oregon Coast ESU [Evolutionarily 
Significant Unit] of coho salmon), a Threatened species under 
the Endangered Species Act.
    The Department defers to the Department of the Interior 
concerning the proposal to designate the 4.2-mile segment of 
Wasson Creek flowing on lands administered by BLM.
    The Forest Service conducted an evaluation of the Wasson 
and Franklin Creeks to determine their eligibility for wild and 
scenic rivers designation as part of the forest planning 
process for the Siuslaw National Forest. However, the agency 
has not conducted a wild and scenic river suitability study, 
which provides the basis for determining whether to recommend a 
river as an addition to the National System. Wasson Creek was 
found eligible as it is both free-flowing and possesses 
outstandingly remarkable scenic, recreational and ecological 
values. The Department supports designation of the 5.9 miles of 
the Wasson Creek on NFS lands based on the segment's 
eligibility.
    At the time of the evaluation in 1990, Franklin Creek, 
although free flowing, was found not to possess river-related 
values significant at a regional or national scale and was 
therefore determined ineligible for designation. Subsequent to 
the 1990 eligibility study, the Forest Service has found that 
Franklin Creek provides critical habitat for coho salmon, 
currently listed as Threatened under the Endangered Species 
Act, and also serves as a reference stream for research because 
of its relatively pristine character, which is extremely rare 
in the Oregon Coast Range. The Department does not oppose its 
designation. Designation of the proposed segments of both 
Wasson and Franklin Creeks is consistent with the proposed 
designation of the area as wilderness. The actual Devil's 
Staircase landmark is located on Wasson Creek.
    We would like to work with the bill sponsors and the 
committee on several amendments and map revisions that we 
believe would enhance wilderness values and improve the bill.
                                ------                                


   Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for inviting the Department of the Interior to 
testify on S. 1272, the Devil's Staircase Wilderness Act of 
2009. The Bureau of Land Management (BLM) supports S. 1272 as 
it applies to lands we manage, and we would like to work with 
the sponsor and the Committee on minor refinements to the 
bills.


                               BACKGROUND


    The proposed Devil's Staircase Wilderness, near the coast 
of southwestern Oregon, is not for the faint of heart. Mostly 
wild land and difficult to access, the Devil's Staircase 
reminds us of what much of this land looked like hundreds of 
years ago. A multi-storied forest of Douglas fir and western 
hemlock towers over underbrush of giant ferns, providing 
critical habitat for the threatened Northern Spotted Owl and 
Marbled Murrelet. The remote and rugged nature of this area 
provides a truly wild experience for any hiker.


                                S. 1272


    S. 1272 proposes to designate nearly 30,000 acres as 
wilderness, as well as portions of both Franklin Creek and 
Wasson Creek as components of the Wild and Scenic Rivers 
System. The majority of these designations are on lands managed 
by the U.S. Forest Service. The Department of the Interior 
defers to the U.S. Department of Agriculture on those 
designations.
    Approximately 6,100 acres of the proposed Devil's Staircase 
Wilderness and 4.2 miles of the Wasson Creek proposed 
designation are within lands managed by the BLM. The Department 
of the Interior supports these designations and would like to 
work with the sponsor and the Committee on minor boundary 
modifications to improve manageability.
    We note that while the vast majority of the acres proposed 
for designation are Oregon & California (O&C) lands, identified 
under the 1937 O&C Lands Act for timber production, however, 
the BLM currently restricts timber production on these lands. 
These lands are administratively withdrawn from timber 
production by the BLM, either through designation as an Area of 
Critical Environmental Concern or through other 
classifications. Additionally, the BLM estimates that nearly 90 
percent of the area proposed for designation is comprised of 
forest stands that are over 100 years old, and provides 
critical habitat for the threatened Marbled Murrelet and 
Northern Spotted Owl.
    The 4.2 miles of Wasson Creek would be designated as a wild 
river to be managed by the BLM under S. 1272. The majority of 
the acres protected through this designation would be within 
the proposed Devil's Staircase wilderness designation, though 
752 acres would be outside the proposed wilderness on adjacent 
BLM lands.
    The designations identified on BLM-managed lands under S. 
1272 would result in only minor modification of current 
management of the area and would preserve these wild lands for 
future generations.


                               CONCLUSION


    Thank you for the opportunity to testify in support of 
these important Oregon designations. The Department of the 
Interior looks forward to working with the sponsors and the 
Committee on minor modifications to the legislation and to 
welcoming these units into the BLM's National Landscape 
Conservation System.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1272, as ordered 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):

                       WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


  AN ACT To provide a National Wild and Scenic Rivers System, and for 
other purposes.

           *       *       *       *       *       *       *


    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designed as components of the national wild 
and scenic rivers system:

           *       *       *       *       *       *       *

          (210) Franklin creek, oregon.--The 4.5-mile segment 
        from its headwaters to the line of angle points within 
        sec. 8, T. 22 S., R. 10 W., shown on the survey 
        recorded in the Official Records of Douglas County, 
        Oregon, as M64-62, to be administered by the Secretary 
        of Agriculture as a wild river.
          (211) Wasson creek, oregon.--The 10.1-mile segment in 
        the following classes:
                  (A) The 4.2-mile segment from the eastern 
                boundary of sec. 17, T. 21 S., R. 9 W., 
                downstream to the western boundary of sec. 12, 
                T. 21 S., R. 10 W., to be administered by the 
                Secretary of the Interior as a wild river.
                  (B) The 5.9-mile segment from the western 
                boundary of sec. 12, T. 21 S., R. 10 W., 
                downstream to the eastern boundary of the 
                northwest quarter of sec. 22, T. 21 S., R. 10 
                W., to be administered by the Secretary of 
                Agriculture as a wild river.

           *       *       *       *       *       *       *



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