[Senate Report 113-61]
[From the U.S. Government Publishing Office]
Calendar No. 115
113th Congress Report
SENATE
1st Session 113-61
======================================================================
FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION
_______
June 27, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 368]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 368) to reauthorize the Federal Land
Transaction Facilitation Act, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 2, strike lines 5 through 10 and insert the following:
(A) in subsection (a), by striking ``(as in effect on
the date of enactment of this Act)''; and
(B) by striking subsection (d);
Purpose
The purpose of S. 368, as ordered reported, is to
reauthorize the Federal Land Transaction Facilitation Act.
Background and Need
Congress enacted the Federal Land Transaction and
Facilitation Act (FLTFA) in 2000 as Title II of the Valles
Caldera Preservation Act (Public Law 106-248). FLTFA authorizes
the Bureau of Land Management (BLM) to sell public lands
identified for disposal through the land use planning process
prior to July 2000 and to retain the proceeds from the sales in
a special account set up in the Treasury, to be available
without further appropriation. The funds in that account are
used to buy inholdings within Federally-designated areas in the
same State, including BLM, National Park Service, Fish and
Wildlife Service, and Forest Service areas. The authorization
for FLTFA expired on July 25, 2011.
Since the enactment of FLTFA in 2000, the BLM has used the
FLTFA authority to sell 309 parcels previously identified for
disposal, totaling 29,437 acres, with a total value of
approximately $113.4 million. During the same time period, the
Federal government has acquired 28 parcels totaling 16,738
acres, with a total value of approximately $43.8 million. An
additional 11 parcels, totaling 1,282 acres and valued at
approximately $23 million, have been approved for acquisition.
The original authorization for FLTFA expired on July 25,
2010. The law was reauthorized for an additional year in
section 3007 of Public Law 111-212, the FY 2010 Supplemental
Appropriations Act. However, because the reauthorization was
signed into law on July 29, 2010, four days after the FLTFA
expiration date, approximately $50 million in the FLTFA special
account that was to be used for land acquisition was instead
deposited into the Treasury.
The authority for FLTFA terminated on July 25, 2011. As
ordered reported, S. 368 would permanently reauthorize the
program.
Legislative History
S. 368 was introduced by Senator Heinrich and others on
February 14, 2013. The bill has 8 co-sponsors. A hearing was
held on S. 368 by the Subcommittee on Public Lands, Forests,
and Mining on April 25, 2013. At its business meeting on May
16, 2013, the Committee reported the bill favorably with
amendment.
Similar legislation, S. 714, was introduced by Senator
Bingaman and others in the 112th Congress. The Subcommittee on
Public Lands and Forests held a hearing on S. 714 on May 25,
2011 (S. Hrg. 112-131). At its business meeting on July 14,
2011, the Committee on Energy and Natural Resources ordered S.
714 favorably reported with an amendment. During the 111th
Congress, the Committee considered similar legislation, S.
1787, also sponsored by Senator Bingaman. The Subcommittee on
Public Lands and Forests held a hearing on S. 1787 on December
17, 2009 (S. Hrg. 111-364). The Committee on Energy and Natural
Resources considered the bill and adopted amendments at its
business meeting on June 16, 2010. The Committee ordered S.
1787 favorably reported, as amended, at its business meeting on
June 21, 2010 (S. Rept. 111-260).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 368, if
amended as described herein.
Committee Amendment
During its consideration of S. 368, the Committee adopted
an amendment to permanently authorize the program and to make
any lands identified for disposal in applicable BLM land
management plans eligible for consideration under FLPMA.
Section-by-Section Analysis
Section 1 provides the short title, the ``Federal Land
Transaction Facilitation Act Reauthorization of 2013''.
Section 2(1) amends section 203(2) of FLTFA (Public Law
106-248) to make any federally designated area (as defined in
section 103(o) of the Federal Land Policy and Management Act of
1976) eligible for FLTFA funds, regardless of when the area was
established.
Section 2(2) section 205 of FLTFA by allowing any Federal
lands identified for disposal in approved land use plans as of
the date of enactment of this Act to be eligible for sale under
FLTFA. As originally enacted, only lands identified for
disposal as of July 2000 were eligible for sale under FLTFA.
The section eliminates the original sunset provision for the
authorization for FLTFA through July 25, 2021.
Section 2(3) strikes subsection (f) of section 206 of
FLTFA, which requires that any remaining balance in the FLTFA
special account be available for appropriation under the Land
and Water Conservation Fund when FLTFA's authorization ends.
Section 2(4) makes technical and conforming changes to
section 207(b) of FLTFA, and amends section 207(b) to include
the White Pine County Conservation, Recreation, and Development
Act of 2006, the Lincoln County Conservation, Recreation, and
Development Act of 2004, and several subtitles and sections
from the Omnibus Public Land Management Act of 2009 to clarify
that those lands remain eligible for sale under separate laws
and that the FLTFA provisions will not apply.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 368--Federal Land Transaction Facilitation Act Reauthorization of
2013
Summary: S. 368 would reauthorize the Federal Land
Transaction Facilitation Act (FLTFA) to allow certain federal
agencies to spend, without further appropriation, proceeds from
the sale of land administered by the Bureau of Land Management
(BLM) to purchase inholdings (privately held land surrounded by
federal land). Based on information provided by BLM, CBO
estimates that enacting the legislation would increase both the
proceeds from the sale of federal property and the spending of
sale proceeds. On balance, CBO estimates that enacting the
legislation would yield a small net reduction in direct
spending of $5 million over the 2014-2023 period--primarily
because spending would lag behind collections over the next 10
years. Because S. 368 would affect direct spending, pay-as-you-
go procedures apply. Enacting the legislation would not affect
revenues.
S. 368 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 368 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Proceeds from Sale of Propertya:
Estimated Budget Authority......................... -2 -3 -4 -5 -6 -8 -10 -12 -14 -16 -20 -80
Estimated Outlays.................................. -2 -3 -4 -5 -6 -8 -10 -12 -14 -16 -20 -80
Spending of Sales Proceeds:
Estimated Budget Authority......................... 3 4 5 6 7 9 11 13 15 17 25 90
Estimated Outlays.................................. 2 3 4 5 6 7 9 11 13 15 20 75
Total Changes:
Estimated Budget Authority..................... 1 1 1 1 1 1 1 1 1 1 5 10
Estimated Outlays.............................. 0 0 0 0 0 -1 -1 -1 -1 -1 0 -5
--------------------------------------------------------------------------------------------------------------------------------------------------------
a. The amounts of sale proceeds shown in the table reflect expected increases in collections under S. 368. In addition, CBO estimates that the Bureau of
Land Management will collect $10 million over the 2014-2023 period for such sales under current law.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted late in 2013.
Under current law, proceeds from the sale of BLM land are
deposited in the Treasury as offsetting receipts (which are
treated as reductions in direct spending). CBO estimates that
such proceeds will total $10 million over the 2014-2023 period.
Because, under the bill, BLM could spend those proceeds to pay
for administrative costs associated with land sales, CBO
estimates that implementing the legislation would lead to more
sales, thus proceeds (relative to current law) would increase
by $80 million over the next 10 years. Overall, we estimate
that gross proceeds from the sale of BLM land would total
around $90 million over 2014-2023 period.
CBO estimates, however, that annual proceeds from the sale
of BLM land over the next 10 years would be lower (on average)
than historical collections under FLTFA, which expired in 2011.
Over the 2001-2011 period, proceeds under the program totaled
roughly $120 million, with most of that amount generated by
sales near urban areas in Nevada and Arizona in 2006 and 2007.
Because the amount of future proceeds is related to economic
conditions in those areas, we expect that gross proceeds in the
future would be significantly lower, although they would
increase over the 10-year period as additional sales take place
near those urban areas.
Because the bill would authorize four land-management
agencies (BLM, the U.S. Fish and Wildlife Service, the National
Park Service, and the Forest Service) to spend, without further
appropriation, proceeds from the sale of BLM land, including
amounts expected to be collected under current law, CBO also
estimates that implementing the legislation would increase
direct spending over the 2014-2023 period. Based on the
historical rate of spending for the FLTFA program and for other
federal land acquisition activities, CBO expects that those
agencies would spend $75 million over the 2014-2023 period,
resulting in a net reduction in direct spending of $5 million
over that period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. S. 368 would reduce direct spending; therefore, pay-
as-you-go procedures apply. The budgetary changes that are
subject to pay-as-you-go procedures are shown in the following
table.
CBO ESTIMATE OF PAY-AS-YOU-GO-EFFECTS FOR S. 368, THE FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION ACT OF 2013, AS ORDERED REPORTED BY THE
SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact................. 0 0 0 0 0 0 -1 -1 -1 -1 -1 0 -5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 368
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimated approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
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. 368.
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. 368, as ordered reported.
Congressionally Directed Spending
S. 368, as 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 testimony provided by the Bureau of Land Management at
the April 25, 2013, Subcommittee on Public Lands, Forests, and
Mining hearing on S. 368 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for the opportunity to testify on S. 368, the
Federal Land Transaction Facilitation Act (FLTFA)
Reauthorization. The Administration strongly supports S. 368
and encourages the Congress to move swiftly to reauthorize the
FLTFA. Over the past decade, the Department of the Interior has
made a number of important acquisitions using the FLTFA's
provisions. Reauthorization of the FLTFA will allow us to
continue to use this critical tool for enhancing our Nation's
treasured landscapes.
background
Congress enacted the FLTFA in July of 2000 as Title II of
Public Law 106-248. The FLTFA expired on July 25, 2011. Under
the FLTFA, the Bureau of Land Management (BLM) could sell
public lands identified for disposal through the land use
planning process prior to July 2000, and retain the proceeds
from those sales in a special account in the Treasury. The BLM
and the other Federal land managing agencies were then able to
use those funds to acquire, from willing sellers, inholdings
within certain federally designated areas and lands that are
adjacent to those areas that contain exceptional resources.
Lands were able to be acquired within and/or adjacent to areas
managed by the National Park Service (NPS), the U.S. Fish and
Wildlife Service (FWS), the U.S. Forest Service (FS), and the
BLM. Over the life of the FLTFA, approximately 27,200 acres
were sold under this authority and approximately 18,100 acres
of high resource value lands were acquired.
The President's fiscal year 2014 Budget includes a proposal
to permanently reauthorize FLTFA, and allow lands identified as
suitable for disposal in recent land use plans to be sold using
the FLTFA authority. FLTFA sales revenues would continue to be
used to fund the acquisition of environmentally sensitive lands
and the administrative costs associated with conducting sales.
The 1976 Federal Land Policy and Management Act (FLPMA)
provides clear policy direction to the BLM that public lands
should generally be retained in public ownership. However,
section 203 of FLPMA allows the BLM to identify lands as
potentially available for disposal if they meet one or more of
the following criteria:
Lands consisting of scattered, isolated
tracts that are difficult or uneconomic to manage; or
Lands that were acquired for a specific
purpose and are no longer needed for that purpose; or
Lands that could serve important public
objectives, such as community expansion and economic
development, which outweigh other public objectives and
values that could be served by retaining the land in
Federal ownership.
The BLM identifies lands that may be suitable for disposal
through its land use planning process, which involves full
public participation. Before the BLM can sell, exchange, or
otherwise dispose of these lands, however, it must undertake
extensive environmental impact analyses, clearances, surveys,
and appraisals for the individual parcels.
Before the enactment of the FLTFA, the BLM had the
authority under FLPMA to sell lands identified for disposal.
The proceeds from those sales were deposited into the General
Fund of the Treasury. However, because of the costs associated
with those sales (including environmental and cultural
clearances, appraisals, and surveys), few sales were
undertaken. Rather, the BLM relied largely on land exchanges to
adjust land tenure. This can often be a less efficient process.
Once the FLTFA was enacted, the BLM developed guidance,
processes, and tools to complete the FLTFA land sales. Working
cooperatively, the BLM, NPS, FWS, and FS then developed
guidance, processes, and tools for subsequent FLTFA land
acquisitions. The BLM markedly increased sales under the
program; however market conditions in the later years led to
less robust sales.
Since it was enacted, the BLM utilized FLTFA to sell 330
parcels previously identified for disposal totaling 27,249
acres, with a total value of approximately $117.4 million. Over
the same time period, the Federal government acquired 37
parcels totaling 18,535 acres, with a total value of
approximately $50.4 million using FLTFA authority.
Some lands identified for disposal and sold through the
FLTFA process were high-value lands in the urban interface. For
example, in 2007 the BLM in Arizona sold at auction a 282-acre
parcel in the suburban Phoenix area for $7 million. However,
many of the lands the BLM identified for disposal prior to July
2000 that are eligible under FLTFA are isolated or scattered
parcels in remote areas with relatively low value. Frequently,
there is limited interest in acquiring these lands, and the
costs of preparing them for sale may exceed their market value.
Since the inception of the FLTFA, the BLM deposited $112.8
million into the Federal Land Disposal Account. That figure
represents 96% of the total revenues from these sales.
Approximately $4.7 million was transferred to the states in
which the sales originated, as provided for in individual
Statehood Acts (typically 4% of the sale price).
Using the FLTFA proceeds, the BLM, NPS, FWS, and FS
acquired significant inholdings and adjacent lands from willing
sellers, consistent with the provisions of the Act. For
example, in November 2009 the BLM used FLTFA funds to complete
the acquisition of 4,573 acres within the BLM's Canyons of the
Ancients National Monument in southwest Colorado. These
inholdings encompass 25 documented cultural sites, and
archaeologists expect to record an additional 700 significant
finds. The acquisition also included two particularly important
areas: ``Jackson's Castle,'' which is archaeologically
significant; and the ``Skywatcher Site,'' a one-of-a-kind,
1,000-year-old solstice marker. The following are a few
additional examples of important FLTFA acquisitions:
Elk Springs Area of Critical Environmental
Concern (ACEC), New Mexico/BLM--This 2,280-acre
acquisition protects critical elk wintering habitat.
Hells Canyon Wilderness, Arizona/BLM--A 640-
acre parcel constituting the last inholding within the
Hells Canyon Wilderness, located just 25 miles
northwest of Phoenix.
Grand Teton National Park, Wyoming/NPS--This
small (1.38 acres), but critical inholding within the
Park was acquired and protected from development.
Zion National Park, Utah/NPS--A combination
of FLTFA and Land and Water Conservation Fund monies
were used to acquire two 5-acre inholdings that
overlook some of the Park's outstanding geologic
formations. These areas were previously target for
development.
Nestucca Bay National Wildlife Refuge,
Oregon/FWS--This 92-acre dairy farm on the outskirts of
Pacific City, Oregon, was slated for residential
development and was acquired to protect a significant
portion of the world's population of the Semidi Islands
Aleutian Cackling Goose.
Six Rivers National Forest, California/FS--
Over 4,400 acres were acquired within the Goose Creek
National Wild and Scenic River corridor, preserving 4
miles of the river known for dense stands of Douglas
fir, redwoods, and Port Orford cedar.
s. 368
S. 368 would both reauthorize and enhance the original
FLTFA through four major changes. First, the bill extends the
program to July 2021. The Department recommends eliminating the
sunset altogether to enable the BLM to plan for and implement
this program on a longer-term basis.
Second, under the original FLTFA, only lands identified for
disposal prior to July 25, 2000, were eligible to be sold. S.
368 modifies that restriction by allowing any lands identified
for disposal through the BLM's land use planning process by the
date of enactment of S. 368 to be sold through the FLTFA
process. The Department supports this change, which recognizes
the usefulness and importance of the BLM's land use planning
process. However, we would recommend eliminating this
restriction rather than simply moving the date forward.
The BLM currently oversees the public lands through 157
Resource Management Plans (RMPs). Since 2000, the BLM has
completed over 75 RMP revisions and major plan amendments.
Additionally, the BLM is currently involved in planning efforts
on 57 new RMPs, all of which the agency expects to complete
within the next three to four years. Planning updates are an
ongoing part of the BLM's mandate under FLPMA. In this process,
the BLM often makes incremental modifications to the plans, and
identifies lands that may be suitable for disposal. All of
these planning modifications or revisions are made in
compliance with the National Environmental Policy Act, and are
undertaken through a process that invites full public
participation. If the enactment date is again utilized as the
cut-off date, the BLM may, in a few years, face the same
challenges it does with the program today. Many of the high-
valued lands have been sold and the remaining eligible lands
are isolated or scattered parcels in remote areas with
relatively low value. Eliminating the restriction to provide
more flexibility on the lands eligible for FLTFA will allow the
BLM to maintain a more consistent program over time.
Third, the original FLTFA allowed acquisitions of
inholdings within, or adjacent to, certain Federal units such
as BLM conservation units, National Parks, National Wildlife
Refuges, and certain Forest Service units if they existed prior
to July 25, 2000. S. 368 eliminates this limitation as well,
and we support this change.
Finally, S. 368 adds exceptions to the FLTFA in recognition
of specific laws that modify the FLTFA with respect to some
particular locations. The FLTFA does not apply to lands
available for sale under the Santini-Burton Act (P.L. 96-586)
and the Southern Nevada Public Land Management Act (P.L. 105-
263). S. 368 additionally exempts lands included in the White
Pine County Conservation, Recreation, and Development Act (P.L.
109-432) and the Lincoln County Conservation, Recreation and
Development Act (P.L. 108-424). Finally, a number of provisions
of the Omnibus Public Land Management Act of 2009 (P.L. 111-11)
modify FLTFA at specific sites or for specific purposes. These
exceptions are also captured by S. 368.
conclusion
Thank you for the opportunity to testify in strong support
of S. 368, the Federal Land Transaction Facilitation Act
Reauthorization. By reauthorizing the FLTFA, the Congress will
allow the BLM to continue a rational process of land disposal
that is anchored in public participation and sound land use
planning, while providing for land acquisitions to augment and
strengthen our Nation's treasured landscapes.
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. 368, 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):
VALLES CALDERA PRESERVATION ACT; FEDERAL LAND TRANSACTION FACILITATION
ACT
(PUBLIC LAW 106-248; as amended)
AN ACT To authorize the acquisition of the Valles Caldera, to provide
for an effective land and wildlife management program for this resource
within the Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--FEDERAL LAND TRANSACTION FACILITATION
* * * * * * *
SEC. 203. DEFINITIONS.
In this title:
(1) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, natural,
historic, cultural, or recreational value that has been
documented by a Federal, State, or local governmental
authority, and for which there is a compelling need for
conservation and protection under the jurisdiction of a
Federal agency in order to maintain the resource for
the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven
contiguous Western States (as defined in section 103(o)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(o)) that
(3) [on the date of enactment of this Act was] is
within the boundary of--
* * * * * * *
SEC. 205. DISPOSAL OF PUBLIC LAND.
(a) In General.--The Secretary shall establish a program,
using funds made available under section 206, to complete
appraisals and satisfy other legal requirements for the sale or
exchange of public land identified for disposal under approved
land use plans [(as in effect on the date of enactment of this
act)] under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).
* * * * * * *
[(d) Termination of Authority.--The authority provided
under this section shall terminate 11 years after the date of
enactment of this Act.]
* * * * * * *
SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.
* * * * * * *
[(f) Termination.--On termination of activities under
section 205--]
[(1) the Federal Land Disposal Account shall be
terminated; and]
[(2) any remaining balance in the account shall
become available for appropriation under section 3 of
the Land and Water Conservation Fund Act (16 U.S.C.
460l-6).]
SEC. 207. SPECIAL PROVISIONS.
(a) In General.--Nothing in this title provides an
exemption from any limitation on the acquisition of land or
interest in land under any Federal law in effect on the date of
enactment of this Act.
(b) Other Law.--This title shall not apply to land eligible
for sale under--
(1) Public Law [96-568] 96-586 (commonly known as the
``Santini-Burton Act'') (94 Stat. 3381)[; or];
(2) the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2343)[.];
(3) the White Pine County Conservation, Recreation,
and Development Act of 200 (Public Law 109-432; 120
Stat. 3028);
(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);
(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law
111-11);
(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132
note; Public Law 111-11);
(7) section 2601 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1108); or
(8) section 2606 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1121).
* * * * * * *