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ORIGINALLY
ADOPTED: 09-06-89 |
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DATE
AMENDED: July 23,1997 |
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SUBJECT:
FOREST PRACTICES |
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RESOLUTION
NO: 388-89; 059-97 |
Forest Practices Ordinance
Tribal
Code § 6.20
Part I - General Provisions
(a)
PURPOSE AND AUTHORITY:
(1)
This Ordinance, establishes rules for the management of natural resources
on Tribal lands. The Ordinance will insure the responsible growing and
harvesting of timber; and will provide the necessary protection of environmental
resources such as air, water, soil, fish, wildlife, and recreation.
(2)
Authority for this Ordinance is found in the Tribal Constitution Article
III, Section 1 , and the National Indian Forest Resources Management
Act, Public Law No. 101-630.
(b)
DEFINITIONS:
(1)
"Active Roads" shall mean roads currently being used or maintained
for the purpose of removing commercial forest products.
(2)
"Aquatic Area" shall mean wetted area of streams, lakes and wetlands
up to the high water level. Oxbows and side channels are included
if they are part of the flow channel or contain fresh water ponds.
(3)
"Buffer Strip" shall mean a protective area adjacent to an area
requiring special attention or protection.
(4)
"Chemicals" includes herbicides, insecticides, rodenticides, fertilizers,
and adjuvants.
(5)
"Stream Type I" shall mean a perennial fish bearing stream.
(6)
"Stream Type II" shall mean an intermittent fish bearing stream.
(7)
"Stream Type III" shall mean a perennial non-fish bearing stream.
(8)
"Stream Type IV" shall mean intermittent non-fish bearing stream.
(9)
"Contaminate" shall mean the presence in the atmosphere, soil,
or water of sufficient quantities of chemicals as may be injurious
to public health, safety, or welfare, or to domestic, commercial,
industrial, agricultural, or recreational uses, or to livestock, wildlife,
fish, or other aquatic life.
(10)
"End Hauling" shall mean in road construction, hauling material
to a designated area as opposed to side casting the material.
(11)
"Established Seedling" shall mean a seedling of acceptable forest
tree species which has survived two years on the site.
(12)
"Fertilizers" shall mean any substance or any combination or mixture
of substances designed for use principally as a source of plant food.
(13)
"Filling" shall mean the deposit by artificial means of any materials,
organic or inorganic.
(14)
"Forest Land" shall mean land for which a primary use is the growing
and harvesting of forest tree species.
(15)
"Herbicides" shall mean any substances used to destroy, repel
or mitigate any weed or to prevent or retard undesirable plant growth.
(16)
"High Risk Areas" shall mean lands determined by the Natural Resources
Manager to have a significant potential for destructive mass soil
movement or stream damage because of topography, geology, biology,
soils, or intensive rainfall periods.
(17)
"High Risk Sites" shall mean specific locations determined by
the Natural Resources Manager within high risk areas. A high risk
site may include, but is not limited to: slopes of greater than 65
percent, steep headwalls, highly dissected land formations, areas
exhibiting frequent high rainfall periods, faulting, slumps, slides,
or debris avalanches.
(18)
"High Water Level" shall mean the stage regularly reached by a
body of water at the peak of fluctuation in its water level. "High
Water Level" is often observable as a clear, natural line impressed
on the bank. It may be indicated by such characteristics as terracing,
changes in soil characteristics, destruction of vegetation, presence
or absence of litter or debris, or other similar characteristics.
(19)
"Insecticides" shall mean any substances used to destroy, repel,
or mitigate any insect.
(20)
"Riparian Areas" shall mean wet soil areas next to streams, lakes,
estuaries and wetlands. They are usually characterized by high water
tables.
(21)
"Riparian Management Zone (RMZ)"; shall mean an area along each
side of a specified stream or body of water in which vegetation retention
and special management practices are required for the protection of
water quality, fish, and wildlife habitat.
(22)
"Sapling" shall mean live trees of commercial species, less than
11 inches in diameter taken at breast height of good form and vigor.
(23)
"Significant Summertime Cooling Influence" means that volume of
water that is large enough and at such temperature that it will maintain
or reduce the temperature in a downstream Type I Water.
(24)
"Side Casting" shall mean in road construction, pushing material
over the side of the road.
(25)
"Vacated Roads" shall mean roads that have been made impassable
and are no longer to be used for forest management purposes or commercial
forest harvesting activities.
(26)
"Water Bar" shall mean a diversion ditch and/or hump in a trail
or road for the purpose of carrying surface water runoff into the
vegetation and duff so that it does not gain the volume and velocity
which causes soil movement or erosion.
(27)
"Wetlands" shall mean those areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands include marshes, swamps, bogs, and similar areas. Wetlands
do not include water developments.
(28)
"Written Plan" shall mean a plan submitted by a Natural Resources
staff member which describes how the operation will be conducted to
comply with the applicable rules of the "Forest Practices Ordinance."
(c) STATE NOTIFICATION:
(1)
Notification shall be given to the State Department of Forestry for
the following types of operations:
(A)
The harvesting of forest crops including felling, bucking, yarding,
decking and hauling, road construction or improvement within the
operation area described, and treatment of slashing.
(B)
Road Construction or reconstruction of existing roads not within
operation areas.
(C)
Site preparation.
(D)
Clearing forest land for change to non-forest uses.
(E)
Precommercial thinning during fire season.
Part
II - Rules and Regulations
(d)
PETROLEUM PRODUCTS:
(1)
Adequate precautions will be taken to prevent leakage or accidental
spillage of any petroleum products into the waters of the Reservation.
(e) SURFACE MINING:
(1)
The development and use of surface mining operations which are located
on forest lands, from which materials are to be utilized for future
forest access roads or other supporting forest management activities,
shall be done so as to protect water quality, retain soil stability,
and provide for general safety during mining operations and after
the operations have ceased.
(2)
Overburden, solid wastes and petroleum products shall be prevented
from entering waters of the Reservation.
(3)
Stabilize banks, headwalls, and other surfaces of quarry sites in
order to prevent surface soil erosion or mass soil movement.
(4)
When the site is abandoned as a material source, it will be left in
the condition described in subsections (1) and (2) above.
(f) RIPARIAN MANAGEMENT AREAS:
(1)
The purpose of these rules is to protect the function and values of
streams, lakes, and wetlands by providing cover and shade for wildlife
and aquatic habitat, and to protect water quality.
(2)
Boundaries of the riparian management area need not be formed by straight
lines. The width of the riparian management area may vary depending
upon topography, vegetative cover, the needs of harvesting design,
and the needs for aquatic and wildlife habitat. The following requirements
apply to determining the width of various types of riparian management
areas:
(A)
Streams - The width of the riparian management area shall be determined
by the I.D. Team using approved NRMP Stream Guidelines.
(B)
The width of RMZ for streams are as follows:
Type I streams:
|
RMZ width 100 to 350 feet |
| Type
II streams: |
RMZ
50 to 100 feet |
| Type
III streams: |
RMZ
to 50 feet |
| Type
IV streams: |
0
to 50 feet |
(C)
Lakes and Wetlands - the width of the RMZ riparian management area
for lakes and significant wetlands are as follows:
(1)
Less than 1 acre shall average 50 feet.
(2)
1- 5 acres shall average 100 feet.
(3)
6 - 10 acres shall average 150 feet.
(4)
Over 10 acres shall average 200 feet.
(g) CHEMICAL APPLICATION:
(1)
The purpose of these rules is to regulate the handling, storage, and
application of chemicals to assure their proper use and avoid contamination
of non-target areas, especially Reservation waters.
(2)
Equipment used for transportation, storage, or application of chemicals
shall be leakproof.
(3)
Water Quality - If water is taken from any stream or water impoundment
for chemical mixing, then the following precautions shall be taken:
(A)
Provide an air gap or reservoir between the water source and mixing
tank, or
(B)
Use a portable pump with the necessary suction hose, feed hoses
and check valves to supply tanks with water from streams. The equipment
shall be used only for water.
(4)
Protection - Necessary precautions shall be taken to protect waterways
and areas of open water such as swamps or impoundments from contamination
when applying chemicals.
(A)
Aerial application; Leave an unsprayed strip at least one hundred
(100) feet on each side of every Type I, II, and III stream.
(B)
Aerial application - Inhabited dwellings; Leave a five hundred (500)
foot unsprayed strip around inhabited dwellings.
(C)
Ground application - Open Water; Leave an unsprayed strip at least
ten (10) feet on each side of every stream or area of open water.
(5)
Fertilizers - Precautions shall be taken to avoid direct application
of fertilizers to streams or areas of open water.
(6)
Mixing of Chemicals - Mix chemicals or clean tanks or equipment
only where chemicals will not contaminate waters. Mixing areas and
aircraft landing areas shall be located where spillage of chemicals
will not endanger waters. If any chemical is spilled, take immediate
and appropriate action to contain or neutralize it.
(7)
Chemical Application - Apply chemicals only in accordance with
currently recognized Federal and State procedures.
(A)
Rinse chemical containers with water at least three (3) times.
(B)
Do not re-use chemical containers unless properly treated.
(C)
Disposal of chemical containers shall be in accordance with approved
disposal requirements.
(8)
Chemical Application Records - When using chemicals as a forest
management tool, a daily record of the spray operations shall be maintained
as follows:
(A)
Name of monitor and applicator.
(B)
Project name and location.
(C)
Hourly temperature.
(D)
Hourly wind velocity and direction.
(E)
Contractor's name and pilot's name.
(F)
Name of chemical used.
(G)
Application rate, carrier and mixer used.
(H)
Disposal methods of empty containers.
(I)
The spray records shall be kept for at least 3 years.
(9)
Chemical Accidents - Take immediate action to contain and prevent
further contamination to the environment. Report immediately all chemical
accidents to the appropriate agency.
(h) SLASH DISPOSAL:
(1)
Treatment of slashing is recognized as a necessary tool for the protection
of reproduction and residual stands from the risk of fire, insects
and disease, to prepare the site for future productivity and to minimize
the risk of material entering streams. Such treatment may employ the
use of mechanical processes, fire, chemical or other means to minimize
competitive vegetation and residue from harvesting operations.
(2)
Disposal Operations - Operations on Reservation lands shall be
planned and implemented to optimize conditions for regeneration of
forest tree species, to maintain productivity of forest land, to protect
air and water quality, and to protect fish and wildlife habitat. Some
of the methods implemented will be as follows:
(A)
Reduce the volume of debris by:
(I)
Well planned and supervised felling and bucking practices to minimize
breakage.
(II)
Increased utilization of wood fiber such as salvaging, prelogging,
and relogging when a market exists.
(III)
Stage cutting where applicable, with successive cuts delayed until
slashing created by previous operations is reduced.
(B)
Dispose of slash by:
(I)
Scattering of slash.
(II)
Piling or windrowing of slash.
(III)
Mechanized chopping.
(IV)
Controlled burning.
(C) Dispose of, or disperse, unstable slash around landings
to protect their entry into streams.
(D)
When treating competing vegetation, plan harvesting practices to
break up or destroy such vegetation. If necessary, follow up with
applications of chemicals and/or burning.
(E)
If burning is the means of slash or competitive vegetation treatment,
it shall be done in a manner to adequately protect reproduction,
residue timber, soil surfaces, and riparian areas.
(3)
Whenever disposal of slash is to be accomplished by burning, such
burning shall be accomplished under such conditions of weather that
will assure adequate maintenance of air quality. Burning shall be
done in cooperation with Oregon's Smoke Management Program.
(i) REFORESTATION:
(1)
Prompt reforestation of forest land following harvesting operations
is an important factor in assuring continuous growing and harvesting
of forest tree species. The purpose of rules relating to reforestation
is to describe the conditions under which reforestation will be required;
to specify the minimum number of trees per acre and the maximum period
of time allowed after an operation for establishment of such trees;
and to require stabilization of soils which have become exposed as
a result of operations.
(2)
Lands affected - All forest lands are subject to reforestation
requirements.
(3)
Stocking level - At least 250 well distributed seedlings,
saplings, or a combination of both shall be established on each acre
in which the stocking was reduced by harvesting.
(4)
Compliance and Time Determination - Compliance with the minimum
stocking standards shall be achieved at the end of five (5) growing
seasons following operations.
(A)
Determination of time for establishment of seedlings shall be based
on completion of the logging operations and removal of equipment.
When smoke management restricts the burning of slash, an extension
equal in time to the restriction period will be added to the time
of establishment.
(5)
Acceptable Species - For those lands subject to the reforestation
requirement, the Natural Resources Manager shall maintain a list of
forest tree species acceptable as stocking. The list shall consist
of those species normally marketable and native to the site.
(j) REHABILITATION:
(1)
Rehabilitation of sites containing undesirable species may be accomplished
by controlled burning, chemical application, mechanical clearing or
any combination. On mechanical clearing projects, minimize compaction
and movement of top soil.
(k) NON-REFORESTED LANDS:
(1)
One year following harvesting on lands not subject to the reforestation
requirement, and on which reforestation is not being planned, adequate
vegetation cover shall be established to provide continuing soil productivity
and stabilization. Consider the use of native wildlife habitat plants.
(l) ROADS:
(1)
A well located, constructed and maintained system of forest roads
are an essential element of responsible forest management.
(2)
Road Location - The Natural Resources Manager shall ensure that
the location of a proposed road minimizes the risk of material entering
waters.
In
so doing, he shall;
(A)
Fit the road to the topography of the area.
(B)
Avoid locating roads in steep, narrow canyons, slide areas, steep
headwalls, slumps, marshes, meadows, riparian management areas,
or existing drainage channels where practical alternatives exist.
(C)
Avoid locating roads on high risk areas if practical alternatives
exist.
(D)
Minimize road density in high risk areas whenever practical alternatives
exist.
(E)
Minimize the number of stream crossings.
(F)
When it is practical, cross streams at right angles to the main
channel and leave or re-establish areas of vegetation between
roads and streams.
(3)
Road Design - The Natural Resources Manager shall ensure each
road meets the minimum use standards adapted to the terrain and soil
materials, so as to minimize disturbances to existing drainage and
damage to water quality.
In
so doing, he shall;
(A)
Designate end-hauling where disposal of excess material from high
risk sites is indicated.
(B)
Design roads no wider than necessary to accommodate the immediate
anticipated use.
(C)
Design cut and fill slopes to minimize the risk of mass soil movement.
(D)
Design culvert installations to prevent erosion of the fill.
(E)
Design water crossing structures to provide for adequate fish
passage, minimum impact on water quality, and the fifty (50) year
frequency storm.
(F)
Design roads to drain naturally by outsloping and through grade
changes wherever possible. Where outsloping is not feasible, use
roadside ditches and culverts.
(G)
Provide dips, water bars, and cross drainage on all temporary
roads.
(H)
Whenever practical, avoid diverting water from natural drainage
ways. Dips, water bars and cross drainage culverts should be placed
above stream crossings, so that water may be filtered through
vegetative buffers before entering waters of the reservation.
(I)
Provide drainage where surface and groundwater cause slope instability.
(J)
Select stable areas for disposal of end-haul materials. Avoid
overloading areas which may become unstable from additional material
loading.
(K)
Design roads so that water is not concentrated into high risk
sites.
(4)
Construction - The Natural Resources Manager shall ensure that
debris, overburden and other materials associated with road construction
shall be placed in such a manner as to prevent entry into the waters
of the Reservation.
In
so doing, he shall ensure;
(A)
Deposit end-haul and other excess material in stable locations
above the high water level.
(B)
Clear drainage ways of woody debris generated during road construction
and maintenance.
(C)
Stabilize exposed material which is potentially unstable or erodible
by use of seeding, compacting, riprapping, benching, leaving light
slashing, or other suitable means.
(D)
In the construction of road fills, compact the material to reduce
the entry of water and minimize the settling of fill material.
(E)
Construct stream crossings that result in minimum disturbance
to banks, existing channels, and riparian management areas. Temporary
crossing structures shall be removed promptly after use, and where
applicable, approaches to the crossings shall be water barred.
(F)
Keep machine activity in beds of streams to an absolute minimum.
Prior approval shall be obtained for machine activity in Type
I, II, & III waters.
(G)
Install drainage structures on live streams as soon as feasible.
Newly constructed road grades subject to washing before grading
should be adequately cross-drained.
(H)
Retain outslope drainage during construction operations and remove
all berms on the outside edge except those intentionally constructed
for protection of road grade fills.
(I)
Keep soil disturbance to a minimum by constructing roads when
soil moisture conditions are favorable.
(J)
Prevent slash, logs and other large quantities of organic material
from being incorporated into road fills and landings.
(5)
Road Maintenance - The Natural Resources Manager shall provide
for maintenance of active and inactive roads sufficient to maintain
a stable surface, to keep the drainage system operating, and to protect
water quality. This shall include the following:
(A)
Clean culvert inlets and outlets, drainage structures and ditches
before and during the rainy season to diminish danger of clogging
and possible washouts.
(B)
Restore road surface crown or outslope all roads prior to the rainy
season.
(C)
After discontinuing the active use of a road, maintain the road
to the degree of providing appropriate drainage and soil stability.
(D)
When it is the intention to vacate a road or "put a road
to bed," the road shall be posted "closed" and shall be blocked
to prevent continued use by vehicles, and the road shall be left
adequately drained and stabilized.
(E)
Plan applications and apply road oil or other surface stabilizing
material in such a manner as to prevent their entry into waters
of the Reservation.
(F)
Maintain and repair active and inactive roads as needed to minimize
damage to waters of the Reservation.
(G)
Place material, removed from ditches, in a stable location.
(m) HARVESTING:
(1)
Harvesting operations are recognized as causing a temporary disturbance
to the forest environment. These rules are established as standards
for forest practices to maintain the productivity of the forest land,
to minimize soil and debris entering waters of the Reservation, and
to protect wildlife and fish habitat.
(2)
Protection of leave trees - On any operation, trees left for future
harvest shall be adequately protected from damage resulting from harvest
operations. This may be done by locating roads and decking operations
so as to minimize damage to, or loss of, residual trees.
(3)
Soil Protection - The Natural Resources Manager shall select for
each harvesting operation, the logging method, size of equipment,
and type of equipment best adapted to the given slope, landscape,
and soil type.
In so
doing, he shall;
(A)
Avoid tractor or wheel skidding on unstable, wet or easily compacted
soils, and on slopes which exceed 35 percent, unless operations
can be conducted without causing deep soil disturbance or accelerated
erosion.
(B)
Locate skid trails where sidecasting is kept to a minimum.
(C)
Uphill cable yarding is recommended. Use a yarding system that will
minimize soil disturbance when downhill yarding or when yarding
across high risk areas.
(4)
Landings, skid and fire trail locations - Landings shall be at
minimum size and shall be located on stable areas.
(A)
Locating of landings in riparian management areas must be avoided.
Landings shall be located on firm ground above the high water level
of any stream. Landings shall not be placed on unstable areas or
where excessive excavation is required.
(B)
Skid trails and fire trails within the riparian management area
should be avoided, except when using temporary crossings.
(5)
Drainage system - For each landing, skid trail, or fire trail,
an adequate drainage system that will control the dispersal of runoff
water from exposed soils will be installed by:.
(A)
Maintaining cross-drains, dips, water bars and other diversions
to prevent soil from entering waters of the Reservation.
(B)
Diverting or water barring all tractor or skidder trails before
the rainy season.
(C)
Leaving or placing debris and re-establishing drainage on landings
after use to guard against future soil movement.
(6)
Waste material treatment - Operators shall leave or place debris,
overburden and other waste material associated with harvesting in
such a location as to prevent its entry by erosion, high water, or
other means into waters of the Reservation. Operators shall:
(A)
Fell trees in a manner to minimize breakage.
(B)
Stabilize potentially unstable or erodible soils by seeding or other
suitable means and shall consider using game forage plants.
(C)
Remove from the forest waste from logging operations, such as crankcase
oil, filters, grease and oil containers, machine parts, old wire
rope, and used tractor tracks immediately, following termination
of harvesting operations. Operators shall not place materials in
waterways.
(7)
Protection of Waters - Any operation shall retain a riparian management
area along each side or Type I, II, and III waters.
(8)
Operations shall be conducted in riparian management areas using the
following practices:
(A)
Avoid tractor skidding in or through any stream. When streams must
be crossed, provide adequate temporary structures to carry stream
flow. Remove all temporary crossings immediately after use, and
where applicable, water bar road ends.
(B)
Avoid cable yarding through any Type I, II, or III streams. When
yarding across such waters is necessary, it shall be done by swinging
the yarding material free of the ground in the aquatic and riparian
areas.
(9)
Protection of habitat - Provision shall be made for shade, wildlife
habitat, soil stabilization, and water filtering effects of forest
vegetation in riparian management zones adjacent to streams and other
bodies of water, by supplying the following practices:
(A)
Except for snags defined to be a safety hazard or a fire hazard,
leave all snags and down timber in the riparian areas.
(B)
Stands of blown down timber, snags and down timber infested with
insects or diseased, or killed by fire, may be removed.
(10)
Riparian Management Zones - Retain live conifers in the riparian
management area along Type I, II, and III waters at least according
to the following standards:
(A)
Limit machine and yarding activity in the riparian area to the minimum,
if salvage logging must take place.
(B)
Residual trees and plants may be removed from the riparian management
area where necessary to improve future wildlife and aquatic habitat.
(C)
Retain or reestablish undergrowth vegetation sufficient to maintain
water quality.
(11)
Site Utilization - When harvesting plans include leaving a residual
stand, reserved growing stock should be of desirable species, form,
vigor and crown position, which will assure adequate utilization of
the site for efficient production or forest products.
(n) CRITICAL AREAS:
(1)
The Natural Resources Manager shall design harvesting practices to
assure the continuous growing and harvesting of forest tree species
by suitable economic means, and also to protect soil, air, water,
wildlife and recreational resources.
(A)
An operator shall obtain prior written approval before operating
near or within the following areas:
(I)
Critical wildlife or aquatic habitat sites that are listed in
the approved Tribal Management Plan.
(II)
Habitat sites of any wildlife or aquatic species classified by
the Department of Fish and Wildlife as threatened or endangered.
(III)
When conducting operations in or along wetlands or along lakes,
springs, seeps, or wet meadows, protect soil and vegetation from
disturbances which would cause adverse effects on water quality,
quantity and wildlife and aquatic habitat.
(IV)
Sites of cultural or paleontological interest or significance.
(o) HIGH RISK SITES:
(1)
Obtain prior written approval before conducting harvesting operations
on high risk sites.
(2)
Written plans will describe how harvesting operations will be conducted
to minimize impact upon soil and water resources.
(A)
Written plans may include the following items:
(I)
Yarding systems that will minimize soil disturbance.
(II)
Establishing or maintaining plant species that will enhance slope
stability in harvesting areas.
Part
III - Annual Review
(p)
ANNUAL REVIEW: The Natural Resources Manager shall meet with
the Timber and Fish & Wildlife Committees each year to review the
Forest Practices Ordinance relative to sufficiency. The Tribal Council
shall receive a summary of the meeting or meetings that result in recommendations
for revisions to the Ordinance.
(q) ENFORCEMENT:
(1)
The Tribal Council hereby authorizes the Natural Resources Manager
to enforce this Ordinance. If the Natural Resources Manager determines
that a violation of this ordinance has occurred, then the Natural
Resources Manager shall notify the operator in writing that a violation
has occurred. The notification shall specify the action the operator
shall take to prevent further damage, and/or to restore the area to
its previous state.
(2)
If damage occurs that is irreparable, then action such as suspension
of operations, and/or a fine to recover damages may be levied against
the operator by the Natural Resources Manager.
(3)
Any operator subject to such action may appeal to the Tribal Court.
The appeal must be filed with supporting reasons within 14 days of
mailing of the Natural Resources Manager's decision. The decision
by the Tribal Court shall be final.
(4)
The Tribal Council hereby authorizes the Natural Resources Manager
to carry out the applicable terms of any agreement entered into between
the Tribal Council and any Federal, State or local law enforcement
agencies for the enforcement of Tribal, Federal, or State laws on
Reservation lands.
Some of
the information contained in this ordinance was taken from the Oregon
Forest Practice Rules, Northwest Oregon Region.
I certify
this to be a true copy of the Confederated Tribes of the Grand Ronde
Community of Oregon Forest Practices Ordinance.
Ed Pearsall, Secretary
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