82 FR 61582 - Notice Regarding Upper Klamath Basin Comprehensive Agreement
DEPARTMENT OF THE INTERIOR
Office of the Secretary Federal Register Volume 82, Issue 248 (December 28, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 248 (December 28, 2017)
| Page Range | 61582-61584 | |
| FR Document | 2017-28050 |
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)] [Notices] [Pages 61582-61584] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28050] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of the Secretary [189A2100DD/AAKC001030/A0A501010.999900 253G] Notice Regarding Upper Klamath Basin Comprehensive Agreement AGENCY: Office of the Secretary, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Secretary of the Interior (Secretary) is publishing this Notice under subsection 10.2 of the Upper Klamath Basin Comprehensive Agreement (UKBCA), executed by the Klamath Tribes (Tribes), State of Oregon (State), and numerous irrigators in the Upper Klamath Basin. The UKBCA contains measures to address the needs of water users in the Upper Klamath Basin, who are not affiliated with the Bureau of Reclamation's Klamath Project (Project). The UKBCA also contains conditions that must be achieved before the UKBCA can become permanent. Despite the efforts of the UKBCA parties, one or more conditions in subsection 10.1 of the UKBCA have failed to occur. Accordingly, pursuant to the terms of subsection 10.2 of the UKBCA and as further described below, this statement serves as a ``Negative Notice'' that the UKBCA is terminated as set forth in UKBCA subsection 10.2. DATES: The termination of the UKBCA is effective on December 28, 2017 or, if judicial review of the termination is timely sought, then the effective date of the termination shall be the date on which the termination is sustained following any and all appeals. ADDRESSES: The Upper Klamath Basin Comprehensive Agreement (UKBCA) is available at www.oregon.gov/gov/policy/environment/taskforce/Pages/Final_Upper_Klamath_Basin_Comprehensive_Agreement_Documents.aspx. FOR FURTHER INFORMATION CONTACT: Address all comments and requests for additional information to Christina Kalavritinos, Senior Advisor, Commissioner's Office, Bureau of Reclamation, (202) 513-0509. SUPPLEMENTARY INFORMATION: On February 18, 2010, the Tribes joined more than 60 other parties in signing the Klamath Basin Restoration Agreement (KBRA). A subset of those parties signed a second agreement, the Klamath Hydroelectric Settlement Agreement (KHSA), that same day. Those two agreements aimed to restore the Basin fisheries and sustain local economies by restoring fish habitat and implementing a water- sharing agreement among the parties who rely upon water from Upper Klamath Lake (Lake) and the Klamath River. A majority of the water users living above (upstream of) the Lake did not agree to this water- sharing agreement, so the KBRA provided only general direction on a possible Upper Basin water-sharing agreement. In spring 2013, the Oregon Water Resources Department (OWRD) ruled that the Tribes and United States held water rights for maintaining water levels in the major tributaries above the Lake. The Klamath County Circuit Court subsequently determined that enforcement of those determined in-stream flow rights should not be stayed. In summer 2013, at the request of the Governor of Oregon and several Congressional representatives, the Tribes began negotiating with the State and the non-Indian water users who are upstream of the Lake and not affiliated with the Project (referred to as ``Off-Project irrigators''), in an effort to reach a water-sharing and habitat restoration agreement that would benefit their respective interests. The resulting agreement, the UKBCA, was executed on April 18, 2014. The UKBCA included:A Water Use Program that would increase inflow into the Lake by an annual average of at least 30,000 acre feet by reducing consumptive water use in key reaches of the tributaries above the Lake, while also providing a stable, sustainable basis for the continuation of irrigated agriculture; A Riparian Program designed to improve and protect riparian conditions; An Economic Development Program designed to create economic opportunities for the Tribes and its members; Increased opportunities for the exercise of Tribal cultural rights; and A Transition Period to allow for the elements of the UKBCA to be phased in over time. The UKBCA established a five-year transition period with interim milestones and operating procedures. The parties anticipated that once the conditions contained in subsection 10.1 of the UKBCA were achieved, the UKBCA would become permanent. During the transition period, the Tribes [[Page 61583]] agreed to limit the enforcement of their determined water rights so long as the other parties to the UKBCA met specific interim milestones. In 2017, those interim milestones were not achieved and the Tribes (with the concurrence of the United States as trustee) requested that OWRD fully enforce their determined water rights; OWRD complied with the request. All three settlement agreements (KBRA, KHSA, and UKBCA) have interdependencies. For example, the UKBCA was premised in key part on Federal funding being provided for certain actions under the KBRA. Because the KBRA required congressional approval to become fully enforceable and funded, and because Congress failed to act within the time frame set by the KBRA, the KBRA expired of its own terms on December 31, 2015. After the KBRA expired, the Tribes notified the Secretary in a January 12, 2016, letter that they believed their bargained-for benefits under the UKBCA and KBRA could not be realized. The Tribes asked the Secretary to issue a Negative Notice as contemplated under subsection 10.2 of the UKBCA. Subsection 10.2 of the UKBCA states that the Secretary shall issue a Negative Notice resulting in termination of the UKBCA if, after completion of required dispute resolution processes, the Secretary determines that there is ``no reasonable likelihood'' that all required conditions set out in subsection 10.1 of the UKBCA can be met. As noted in the Tribes' letter, several conditions listed in subsection 10.1 required the enactment of Federal legislation, which did not and has not happened. The UKBCA allows the Secretary to make a preliminary determination regarding whether the conditions contained in subsection 10.1 can be achieved. On April 4, 2016, the Deputy Secretary responded with a preliminary determination, tentatively agreeing with the Tribes but nonetheless noting that subsection 10.2 of the UKBCA requires a ``meet and confer'' process among the parties before a Negative Notice could be issued. The Tribes invoked the meet and confer provisions in an August 11, 2016, letter, and the parties met and conferred on October 4, 2016. That meeting was unsuccessful in resolving the issues between the parties. On December 4, 2016, some Off-Project irrigators invoked the mediation provision in subsection 11.2 of the UKBCA in an effort to aid the meet and confer process. The Tribes also invoked this mediation provision on December 12, 2016. The parties selected a neutral third- party mediator and held a confidential mediation session on February 23, 2017. That effort did not resolve the differences between the parties. The Tribes sent letters to the Secretary on April 26, 2017, and September 11, 2017, reiterating their request that the Secretary issue a Negative Notice. The Off-Project irrigators sent a letter to the Secretary on April 28, 2017, asking that the Secretary refrain from issuing a Negative Notice. The Tribes are of the view that all three agreements--the KBRA, the KHSA, and the UKBCA--need to be fully implemented in order to receive their bargained-for benefits. The Tribes have highlighted this position and concern to the other UKBCA parties and in their correspondence requesting a Negative Notice. The UKBCA and KBRA were inextricably linked. Many of the bargained-for benefits for the Klamath Tribes, including funding for fishery and Tribal programs and the purchase of land, were embedded in the KBRA. Funding for many of the actions in the UKBCA, including water right retirements to achieve 30,000 acre-feet of water savings and riparian corridor restoration, was similarly included in the KBRA. Statement of Findings Subsection 10.1 of the UKBCA contains fifteen (15) conditions (subsections 10.1.1 through 10.1.15) that all must occur before an Affirmative Notice can be issued that would make the UKBCA permanent. If I find that one or more of these conditions has not or cannot be achieved, and thus there is no reasonable likelihood that an Affirmative Notice will occur under section 10.1, then section 10.2 directs that a Negative Notice be published. Subsection 10.1.3 of the UKBCA requires enactment of Federal legislation authorizing the execution and implementation of the KBRA, which the UKBCA defines as ``the agreement dated February 18, 2010, as amended December 29, 2012.'' No legislation was passed by Congress before December 31, 2015, and the KBRA expired of its own terms. Thus, subsection 10.1.3 cannot be met. This fact alone means I will not be able to issue an Affirmative Notice, and warrants issuance of a Negative Notice. I have reached a similar conclusion for subsections 10.1.1, 10.1.2, and 10.1.4, which also require enactment of Federal legislation that would authorize Federal participation in the UKBCA's Water Use or Riparian Protection Programs and Federal participation on the Joint Management Entity. No legislation was passed by Congress to enact these provisions, and I am not aware of any pending legislation that would do so in the foreseeable future. Accordingly, I also conclude that there is no reasonable likelihood that these conditions will be met at any time in the foreseeable future. The lack of Federal legislation as required by subsections 10.1.1 through 10.1.4 also leads to the conclusion that there is no reasonable likelihood that the additional conditions contained in subsections 10.1.10 through 10.1.13 will be met either. Without legislation authorizing the KBRA, the Tribes do not intend to provide a notice of willingness to proceed with the UKBCA (subsection 10.1.10). Moreover, without authorizing legislation, I cannot sign the UKBCA (subsection 10.1.13). Similarly, the Landowner Entity and State of Oregon, like the Tribes, must determine that Federal legislation authorizing the UKBCA is materially consistent with the UKBCA (subsections 10.1.11 and 10.1.12). In addition, other conditions in the UKBCA (subsections 10.1.6 and 10.1.7) require the appropriation of Federal funds to provide an economic development fund for the Tribes, as well as funding to enable the Joint Management Entity and Landowner Entity to carry out their responsibilities under the UKBCA. Those funds have not been appropriated, and I am not aware of any plans to provide this funding in the foreseeable future. Finally, the UKBCA contains a condition requiring the Klamath County Circuit Court to enter a decree affirming the Tribes' water rights as modified by the UKBCA (subsection 10.1.15). Again, without an Act of Congress, there will be no finalized UKBCA, nor the settlement it contemplates for the Klamath County Circuit Court to approve. The unlikely completion of this final condition is further cause to find that no reasonable likelihood remains for me to issue an Affirmative Notice. Thus, I conclude that the condition in subsection 10.1.3 cannot be met and therefore there is no reasonable likelihood that I can issue an Affirmative Notice. Moreover, consideration of all the other unsatisfied conditions also leads me to the conclusion there is no reasonable likelihood that I can issue an Affirmative Notice under section 10.1. Each of the unsatisfied conditions alone is enough for me to reach this conclusion and, when taken together as a whole, the same is true. Accordingly, under the terms of the UKBCA, this Negative Notice denotes the termination of the UKBCA. [[Page 61584]] Therefore, in accordance with section 10.2 of the UKBCA, I find as follows: (A) One or more conditions that must occur before I can issue an Affirmative Notice have not been achieved and do not seem reasonably likely to be achieved. (B) There is no reasonable likelihood that an Affirmative Notice can occur under subsection 10.1 of the UKBCA. (C) As provided by subsection 10.2 of the UKBCA, I am publishing this Negative Notice and stating that an Affirmative Notice under section 10.1 will not be published. (D) Under the terms of subsection 10.2 of the UKBCA, ``this Agreement shall terminate on the date'' of publication of this Negative Notice, or in the event that judicial review of the Negative Notice is timely sought, on the date on which the Negative Notice ``is sustained following any and all appeals.'' Dated: December 22, 2017. Ryan Zinke, Secretary of the Interior. [FR Doc. 2017-28050 Filed 12-27-17; 8:45 am] BILLING CODE 4337-15-P
![61582 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
FOR FURTHER INFORMATION CONTACT: Ms. Authority: 5 U.S.C. Appendix 5; 20 U.S.C. more than 60 other parties in signing the
Jennifer Davis, Designated Federal 1400 et seq. Klamath Basin Restoration Agreement
Officer, Bureau of Indian Education, Dated: December 12, 2017. (KBRA). A subset of those parties signed
2600 N. Central Ave. Suite 800, John Tahsuda, a second agreement, the Klamath
Phoenix, AZ 85004; telephone number Principal Deputy Assistant Secretary—Indian Hydroelectric Settlement Agreement
(480) 777–7986. Affairs, Exercising the Authority of the (KHSA), that same day. Those two
SUPPLEMENTARY INFORMATION: This Assistant Secretary—Indian Affairs. agreements aimed to restore the Basin
meeting is being held under the [FR Doc. 2017–28055 Filed 12–27–17; 8:45 am] fisheries and sustain local economies by
provisions of the Federal Advisory BILLING CODE 4337–15–P
restoring fish habitat and implementing
Committee Act of 1972 (5 U.S.C. a water-sharing agreement among the
Appendix 2, as amended). The Advisory parties who rely upon water from Upper
Board was established under IDEA to DEPARTMENT OF THE INTERIOR Klamath Lake (Lake) and the Klamath
advise the Secretary of the Interior, River. A majority of the water users
through the Assistant Secretary-Indian Office of the Secretary living above (upstream of) the Lake did
Affairs, on the needs of Indian children not agree to this water-sharing
[189A2100DD/AAKC001030/
with disabilities. The meetings are open A0A501010.999900 253G]
agreement, so the KBRA provided only
to the public. general direction on a possible Upper
The following items will be on the Notice Regarding Upper Klamath Basin Basin water-sharing agreement.
Comprehensive Agreement In spring 2013, the Oregon Water
agenda:
Resources Department (OWRD) ruled
• Introduction of Advisory Board AGENCY: Office of the Secretary, Interior. that the Tribes and United States held
members ACTION: Notice. water rights for maintaining water levels
• Report from Tony Dearman, Director, in the major tributaries above the Lake.
BIE Director’s Office SUMMARY: The Secretary of the Interior The Klamath County Circuit Court
• Report from Dr. Jeffrey Hamley (Secretary) is publishing this Notice subsequently determined that
Associate Deputy Director, BIE, under subsection 10.2 of the Upper enforcement of those determined in-
Division of Performance and Klamath Basin Comprehensive stream flow rights should not be stayed.
Accountability (DPA) Agreement (UKBCA), executed by the In summer 2013, at the request of the
• Report from Donald Griffin, Klamath Tribes (Tribes), State of Oregon Governor of Oregon and several
Supervisory Education Specialist, (State), and numerous irrigators in the Congressional representatives, the
BIE, DPA/Special Education Upper Klamath Basin. The UKBCA Tribes began negotiating with the State
• Board work on Priorities for 2018 contains measures to address the needs and the non-Indian water users who are
• Public Comment (via conference call, of water users in the Upper Klamath upstream of the Lake and not affiliated
Friday, January 12th meeting only*). Basin, who are not affiliated with the with the Project (referred to as ‘‘Off-
• BIE Advisory Board—Advice and Bureau of Reclamation’s Klamath Project irrigators’’), in an effort to reach
Recommendations Project (Project). The UKBCA also a water-sharing and habitat restoration
contains conditions that must be agreement that would benefit their
The meeting on January 12, 2018, will achieved before the UKBCA can become
include a public comment period via respective interests. The resulting
permanent. Despite the efforts of the agreement, the UKBCA, was executed
conference call from 11:30 a.m. to 12:00 UKBCA parties, one or more conditions
p.m. Depending on the number of on April 18, 2014.
in subsection 10.1 of the UKBCA have The UKBCA included:
persons wishing to comment and time failed to occur. Accordingly, pursuant to • A Water Use Program that would
available, the amount of time for the terms of subsection 10.2 of the increase inflow into the Lake by an
individual oral comments may be UKBCA and as further described below, annual average of at least 30,000 acre
limited. To allow for full consideration this statement serves as a ‘‘Negative feet by reducing consumptive water use
of information by the Advisory Board, Notice’’ that the UKBCA is terminated in key reaches of the tributaries above
written comments must be provided to as set forth in UKBCA subsection 10.2. the Lake, while also providing a stable,
Jennifer Davis, Designated Federal sustainable basis for the continuation of
DATES: The termination of the UKBCA is
Officer, Bureau of Indian Education, irrigated agriculture;
effective on December 28, 2017 or, if
2600 N. Central Avenue, Suite 800, • A Riparian Program designed to
judicial review of the termination is
Phoenix, AZ 85004; or by telephone improve and protect riparian
timely sought, then the effective date of
(480) 777–7986, no later than Thursday, conditions;
the termination shall be the date on
January 11, 2018. All written comments • An Economic Development
which the termination is sustained
received will be provided to the Program designed to create economic
following any and all appeals.
Advisory Board. The call-in information opportunities for the Tribes and its
for the public comment period is 1– ADDRESSES: The Upper Klamath Basin
Comprehensive Agreement (UKBCA) is members;
888–417–0376, Passcode: 2509140. • Increased opportunities for the
Before including your address, phone available at www.oregon.gov/gov/policy/
exercise of Tribal cultural rights; and
number, email address, or other environment/taskforce/Pages/Final_ • A Transition Period to allow for the
personal identifying information in your Upper_Klamath_Basin_Comprehensive_ elements of the UKBCA to be phased in
comment, you should be aware that Agreement_Documents.aspx. over time.
your entire comment—including your FOR FURTHER INFORMATION CONTACT: The UKBCA established a five-year
sradovich on DSK3GMQ082PROD with NOTICES
personal identifying information—may Address all comments and requests for transition period with interim
be made publicly available at any time. additional information to Christina milestones and operating procedures.
While you can ask us in your comment Kalavritinos, Senior Advisor, The parties anticipated that once the
to withhold your personal identifying Commissioner’s Office, Bureau of conditions contained in subsection 10.1
information from public review, we Reclamation, (202) 513–0509. of the UKBCA were achieved, the
cannot guarantee that we will be able to SUPPLEMENTARY INFORMATION: On UKBCA would become permanent.
do so. February 18, 2010, the Tribes joined During the transition period, the Tribes
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![61584 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices
Therefore, in accordance with section a day, seven days a week, to leave a Impact Report (EIS/EIR). Two public
10.2 of the UKBCA, I find as follows: message or question with the above meetings will be held to receive
(A) One or more conditions that must individual. You will receive a reply comments from individuals and
occur before I can issue an Affirmative during normal business hours. organizations on the Draft EIS/EIR.
Notice have not been achieved and do SUPPLEMENTARY INFORMATION: The DATES: Submit written comments on the
not seem reasonably likely to be supplemental plat of sections 35 and 36 Draft EIS/EIR on or before February 15,
achieved. in Township 13 South, Range 90 West, 2018.
(B) There is no reasonable likelihood Sixth Principal Meridian, Colorado, was Two meetings have been scheduled to
that an Affirmative Notice can occur accepted on November 29, 2017, and receive oral or written comments
under subsection 10.1 of the UKBCA. filed on November 30, 2017. regarding environmental effects:
(C) As provided by subsection 10.2 of A person or party who wishes to • Wednesday, January 17, 2018, 6:00
the UKBCA, I am publishing this protest the above survey must file a p.m. to 8:00 p.m., Woodland, California.
Negative Notice and stating that an written notice of protest within 30 • Thursday, January 18, 2018, 1:30
Affirmative Notice under section 10.1 calendar days from the date of this p.m. to 3:30 p.m., West Sacramento,
will not be published. publication at the address listed in the California.
(D) Under the terms of subsection 10.2 ADDRESSES section of this notice. A ADDRESSES: Send written comments on
of the UKBCA, ‘‘this Agreement shall statement of reasons for the protest may the Draft EIS/EIR to Mr. Ben Nelson,
terminate on the date’’ of publication of be filed with the notice of protest and Bureau of Reclamation, 801 I Street,
this Negative Notice, or in the event that must be filed within 30 calendar days Suite 140, Sacramento, CA 95814, or via
judicial review of the Negative Notice is after the protest is filed. email to bcnelson@usbr.gov.
timely sought, on the date on which the Before including your address, phone The public meetings will be held at
Negative Notice ‘‘is sustained following number, email address, or other the following locations:
any and all appeals.’’ personal identifying information in your • West Sacramento—Community
Dated: December 22, 2017. protest, please be aware that your entire Center, 1075 West Capitol Ave., West
Ryan Zinke, protest, including your personal Sacramento, CA 95691.
Secretary of the Interior. identifying information, may be made • Woodland—Woodland Community
[FR Doc. 2017–28050 Filed 12–27–17; 8:45 am]
publicly available at any time. While and Senior Center, 2001 East Street,
you can ask us in your comment to Woodland, CA 95776.
BILLING CODE 4337–15–P
withhold your personal identifying Electronic CD copies of the Draft EIS/
information from public review, we EIR may be requested from the Bureau
DEPARTMENT OF THE INTERIOR cannot guarantee that we will be able to of Reclamation, at (916) 414–2424, or
do so. bcnelson@usbr.gov. The Draft EIS/EIR is
Bureau of Land Management Authority: 43 U.S.C. Chap. 3. also accessible from the following
website: https://www.usbr.gov/mp/
[LLCO956000 L14400000.BJ0000 18X] Randy A. Bloom, BayDeltaOffice/yolo-bypass.html.
Chief Cadastral Surveyor for Colorado. Copies of the Draft EIR/EIS are
Notice of Filing of Plats of Survey;
Colorado [FR Doc. 2017–28061 Filed 12–27–17; 8:45 am] available for public review at the
BILLING CODE 4310–P following locations:
AGENCY: Bureau of Land Management, 1. Bureau of Reclamation, Mid-Pacific
Interior. Region, Regional Library, 2800 Cottage
ACTION: Notice of official filing. DEPARTMENT OF THE INTERIOR Way, Sacramento, CA 95825.
2. Bureau of Reclamation, Bay-Delta
SUMMARY: The Bureau of Land Bureau of Reclamation Office, 801 I Street, Suite 140,
Management (BLM) Colorado State [RR02800000, 17XR0687ND, Sacramento, CA 95814.
Office is publishing this notice to RX185279402000000] 3. Sacramento Public Library, 828 I
inform the public of the official filing of Street, Sacramento, CA 95814.
the survey plat listed below. The survey, Draft Environmental Impact Statement/ FOR FURTHER INFORMATION CONTACT:
which was executed at the request of the Environmental Impact Report for the Please contact Mr. Ben Nelson, Bureau
BLM, is necessary for the management Yolo Bypass Salmonid Habitat of Reclamation, at (916) 414–2424, or
of these lands. The plat will be available Restoration and Fish Passage Project, via email at bcnelson@usbr.gov; or Ms.
for viewing in the BLM Colorado State Yolo, Sutter, and Solano Counties, Karen Enstrom, Department of Water
Office. California Resources, at (916) 376–9778, or via
DATES: The plat described in this notice email at Karen.Enstrom@water.ca.gov.
AGENCY: Bureau of Reclamation,
was filed on November 30, 2017. SUPPLEMENTARY INFORMATION: The Draft
Interior.
ADDRESSES: You may submit written EIS/EIR addresses methods to improve
ACTION: Notice of availability and notice
protests to the BLM Colorado State fish passage and increase floodplain
of public meetings.
Office, Cadastral Survey, 2850 fisheries rearing habitat in the Yolo
Youngfield Street, Lakewood, CO SUMMARY: The Bureau of Reclamation, Bypass to benefit Sacramento River
80215–7093. as the National Environmental Policy winter-run Chinook salmon, Central
FOR FURTHER INFORMATION CONTACT: Act Federal lead agency, and the Valley spring-run Chinook salmon,
Randy Bloom, Chief Cadastral Surveyor California Department of Water Central Valley steelhead, and Southern
sradovich on DSK3GMQ082PROD with NOTICES
for Colorado, (303) 239–3856; rbloom@ Resources, as the California Distinct Population Segment North
blm.gov. Persons who use a Environmental Quality Act State lead American green sturgeon. The Project
telecommunications device for the deaf agency, have made available for public actions would implement Reasonable
may call the Federal Relay Service at 1– review and comment the Yolo Bypass and Prudent Alternative (RPA) actions
800–877–8339 to contact the above Salmonid Habitat Restoration and Fish I.6.1 and I.7, as described in the 2009
individual during normal business Passage Project Draft Environmental National Oceanic and Atmospheric
hours. The Service is available 24 hours Impact Statement/Environmental Administration National Marine
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Document Created: 2017-12-28 00:43:49
Document Modified: 2017-12-28 00:43:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The termination of the UKBCA is effective on December 28, 2017 or, if judicial review of the termination is timely sought, then the effective date of the termination shall be the date on which the termination is sustained following any and all appeals. | |
| FR Citation | 82 FR 61582 |
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