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CROSS REFERENCES

Florida laws relating to Everglades National Park, see F. S. A. §§ 264.01-264.14.

§ 410a. Same; acceptance of title to lands.

The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of title satisfactory to him, to accept on behalf of the United States, title to the lands referred to in section 410 of this title as may be deemed by him necessary or desirable for national-park purposes: Provided, That no land for said park shall be accepted until exclusive jurisdiction over the entire park area, in form satisfactory to the Secretary of the Interior, shall have been ceded by the State of Florida to the United States. (May 30, 1934, ch. 371, § 2, 48 Stat. 816.)

§ 410b. Same; administration, protection, and develop

ment.

The administration, protection, and development of the aforesaid park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of sections 1 and 2-4 of this title: Provided, That the provisions of sections 791a-825r of this title shall not apply to this park: Provided further, That nothing in sections 410-410c of this title shall be construed to lessen any existing rights of the Seminole Indians which are not in conflict with the purposes for which the Everglades National Park is created. (May 30, 1934, ch. 371, § 3, 48 Stat. 816; Aug. 21, 1937, ch. 732, 50 Stat. 742.)

REPEALS

Act Aug. 21, 1937, struck out a proviso which prohibited the expenditure of public moneys by the United States on the park within a period of five years.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 410c. Same; preservation of primitive condition.

The said area or areas shall be permanently reserved as a wilderness, and no development of the project or plan for the entertainment of visitors shall be undertaken which will interfere with the preser vation intact of the unique flora and fauna and the essential primitive natural conditions now prevailing in this area. (May 30, 1934, ch. 371, § 4, 48 Stat. 817.)

§ 410d. Same; acceptance and protection of property pending establishment of park; publication of establishment order.

(a) For the purpose of protecting the scenery, the wildlife, and other natural features of the region authorized to be established as the Everglades National Park by sections 410-410c of this title, notwithstanding any provision contained in said sections,

the Secretary of the Interior is authorized in his discretion to accept on behalf of the United States any land, submerged land, or interests therein, subject to such reservations of oil, gas, or mineral rights as the Secretary may approve, within the area of approximately two thousand square miles recommended by said Secretary in his report to the Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443): Provided, That no general development of the property accepted pursuant to this section shall be undertaken nor shall the park be established until title satisfactory to the Secretary to a major portion of the lands, to be selected by him, within the aforesaid recommended area shall have been vested in the United States: Provided further, That until the property acquired by the United States pursuant to this section has been cleared of the aforesaid reservations, the Secretary in his discretion shall furnish such protection thereover as may be necessary for the accomplishment of the purposes of this section: And provided further, That in the event the park is not established within ten years from December 6, 1944, or upon the abandonment of the park at any time after its establishment, title to any lands accepted pursuant to the provisions of this section shall thereupon automatically revest in the State of Florida or other grantors of such property to the United States.

(b) Upon the execution of the aforesaid provisions relating to establishment thereof, the Everglades National Park shall be established by order of the Secretary which shall be published in the Federal Register. (Dec. 6, 1944, ch. 508, 58 Stat. 794.)

§ 410e. Same; acquisition of additional lands; reservation of oil, gas, and mineral rights; reservation of royalty rights.

In order to consolidate the Federal ownership of lands within the boundary set forth in deed numbered 19035 executed December 28, 1944, by the trustees of the Internal Improvement Fund of the State of Florida, and accepted by the Secretary of the Interior on March 14, 1947, for Everglades National Park purposes, the said Secretary is authorized, within the aforesaid boundary and with any funds made available for that purpose, to procure lands or interests therein by purchase or otherwise, subject, however, to the right of retention by owners of lands, interests in lands, interests in oil, gas, and mineral rights, or royalties, their heirs, executors, administrators, successors, or assigns (hereinafter referred to as "owners"), at their election, of the following:

(1) The reservation until October 9, 1958, of all oil, gas, and mineral rights or interests, including the right to lease, explore for, produce, store, and remove oil, gas, and other minerals from such lands: Provided, That if on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary set forth in aforesaid deed numbered 19035, then in that event the time of the reservation as set forth in this subsection shall automatically extend for all owners, regardless of whether such production is from land in which such owners have an interest, for so long as

oil, gas, or other minerals are produced in commercial quantities anywhere within said boundary. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress and egress to and from such lands as may be necessary; and

(2) After the termination of the reserved rights of owners as set forth in subsection (1) of this section, a further reservation of the right to customary royalties, applying at the time of production, in any oil, gas, or other minerals which may be produced from such lands at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns. (Oct. 10, 1949, ch. 659, § 1, 63 Stat. 733.)

§ 410f. Same; limitation of Federal action during reservation period.

Unless consented to by an owner retaining the reservation set forth in subsection (1) of section 410e of this title, no action shall be taken by the Federal Government during the period of such reservation to purchase, acquire, or otherwise terminate or interfere with any lease or leases which may be applicable to said owner's lands. (Oct. 10, 1949, ch. 659, § 2, 63 Stat. 734.)

§ 410g. Same; rules and regulations governing reservation rights.

Any reservations retained under the provisions of subsection (1) of section 410e of this title shall be exercised by the owners subject to reasonable rules and regulations which the Secretary may prescribe for the protection of the park, but which shall permit the reserved rights to be exercised so that the oil, gas, and minerals may be explored for, developed, extracted, and removed from the park area in accordance with sound conservation practices. All operations shall be carried on under such regulations as the Secretary may prescribe to protect the lands and areas for park purposes. (Oct. 10, 1949, ch. 659, § 3, 63 Stat. 734.)

§ 410h. Same; ascertainment of owners' election regarding reservation rights.

In any action caused by the Secretary of the Interior to be commenced for the acquisition of lands under the provisions hereof, reasonable diligence shall be exercised by him to ascertain whether owners elect to retain reservations in accordance with the provisions of sections 410e-410h of this title. If, after the exercise of such reasonable diligence, owners cannot be located, or do not appear in judicial proceedings to acquire the lands, so that it may be ascertained whether they desire to retain reservations in accordance with the provisions hereof, the Secretary may acquire the fee simple title to their lands free and clear of reservations as set forth in subsections (1) and (2) of section 410e of this title. (Oct. 10, 1949, ch. 659, § 4, 63 Stat. 734.)

THE NATIONAL MILITARY PARKS
CROSS REFERENCES

Purchase of real estate for future military parks, see section 455c of this title.

§ 411. National military parks; military maneuvers.

In order to obtain practical benefits of great value to the country from the establishment of national military parks, said parks and their approaches are declared to be national fields for military maneuvers for the Regular Army of the United States and the National Guard or militia of the States. Said parks shall be opened for such purposes only in the discretion of the Secretary of the Army, and under such regulations as he may prescribe. (May 15, 1896, ch. 182, § 1, 29 Stat. 120; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

TRANSFER OF FUNCTIONS

Administrative functions of certain national military parks were transferred to the Department of the Interior by Ex. Ord. No. 6166, § 2, June 10, 1933, and Ex. Ord. No. 6228, § 1, July 28, 1933, set out in notes under section 132 of Title 5, Executive Departments and Government Officers and Employees.

National Park Service was substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.

§ 412. Same; camps for military instruction; regulations for militia.

The Secretary of the Army is authorized, within the limits of appropriations which may from time to time be available for such purpose, to assemble, at his discretion, in camp at such season of the year and for such period as he may designate, at such field of military maneuvers, such portions of the military forces of the United States as he may think best, to receive military instruction there.

The Secretary of the Army is further authorized to make and publish regulations governing the assembling of the National Guard or militia of the several States upon the maneuvering grounds, and he may detail instructors from the Regular Army for such forces during their exercises. (May 15, 1896, ch. 182, § 2, 29 Stat. 121; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

§ 413. Same; offenses relating to structures and vegetation.

Every person who willfully destroys, mutilates, defaces, injures, or removes any monument, statue, marker, guidepost, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national military parks shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $10 nor more than $1,000 for each monument, statue, marker, guidepost, or other structure, tree, shrub, or plant destroyed, defaced, injured, cut, or removed, or by imprisonment for not less than fifteen days and not more than one year, or by both fine and imprisonment. (Mar. 3, 1897, ch. 372, §§ 1, 5, 29 Stat. 621, 622.)

§ 414. Same; trespassing for hunting, or shooting.

Every person who shall trespass upon any national military parks for the purpose of hunting or shooting, or who shall hunt any kind of game thereon with gun or dog, or shall set trap or net or other device whatsoever thereon for the purpose of hunting or catching game of any kind, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment for not less than five days or more than thirty days, or by both fine and imprisonment. (Mar. 3, 1897, ch. 372, §§ 2, 5, 29 Stat. 621, 622.)

§ 415. Same; arrest and prosecution of offenders.

The superintendent or any guardian of such national military park is authorized to arrest forthwith any person engaged or who may have been engaged in committing any misdemeanor named in sections 413 and 414 of this title, and shall bring such person before any United States commissioner or judge of any district court of the United States within either of the districts within which the park is situated, and in the district within which the misdemeanor has been committed, for the purpose of holding him to answer for such misdemeanor, and then and there shall make complaint in due form. (Mar. 3, 1897, ch. 372, §§ 3, 5, 29 Stat. 621, 622; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

§ 416. Same; refusal to surrender leased land in; re

covery.

Any person to whom land lying within any national military parks may have been leased, who refuses to give up possession of the same to the United States after the termination of said lease, and after possession has been demanded for the United States by any park commissioner or the park superintendent, or any person retaining possession of land lying within the boundary of said park which he or she may have sold to the United States for park purposes and have received payment therefor, after possession of the same has been demanded for the United States by any park commissioner or the park superintendent, shall be deemed guilty of trespass, and the United States may maintain an action for the recovery of the possession of the premises so withheld in the courts of the United States, according to the statutes or code of practice of the State in which the park may be situated. 1897, ch. 372, §§ 4, 5, 29 Stat. 622.)

§ 417. Acceptance of donations of land.

CODIFICATION

(Mar. 3,

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§ 419. Rights-of-way for electrical plants. CODIFICATION

Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790, has become section 79 of this title.

§ 420. Rights-of-way for electrical poles and lines.

The head of the department having jurisdiction over the lands is authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein named. Such right of way shall be allowed within or through any military park, only upon the approval of the chief officer of the department under whose supervision or control such park falls, and upon a finding by him that the same is not incompatible with the public interest. All or any part of such right of way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

Any citizen, association, or corporation of the United States to whom there has been issued a permit prior to March 4, 1911, for any of the purposes specified herein under any law existing at that date, may obtain the benefit of this section upon the same terms and conditions as shall be required of citizens, associations, or corporations making application under the provisions of this section subsequent to such date. (Mar. 4, 1911, ch. 238, 36 Stat. 1253.)

CROSS REFERENCES

Issuance of licenses for construction, operation, and maintenance of transmission lines, for development, transmission, and utilization of power, across public lands and reservations, see section 797 (e) of this title.

§ 421. Vacancies occurring in commissions in charge of parks not to be filled.

Vacancies occurring by death or resignation in the membership of the several commissions in charge of national military parks shall not be filled, and the duties of the offices thus vacated shall devolve upon the remaining commissioners or commissioner for each of said parks. As vacancies occur the Secretary of the Army shall become ex officio a member of the commission effected with full authority to act with the remaining commissioners or commissioner, and in case of the vacation of all the offices of commissioner in any one park hereunder the duties of such commission shall thereafter be performed under the direction of the Secretary of the Army. (Aug. 24, 1912, ch. 355, § 1, 37 Stat. 442; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

TRANSFER OF FUNCTIONS

Administrative functions of certain national military parks were transferred to the Department of the Interior by Ex. Ord. No. 6166, § 2, June 10, 1933, and Ex. Ord. No. 6228, § 1, July 28, 1933, set out in notes under section 132 of Title 5, Executive Departments and Government Officers and Employees.

National Park Service was substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.

§ 422. Moores Creek National Military Park; establishment.

In order to preserve for historical and professional military study one of the most memorable battles of the Revolutionary War, the battlefield of Moores Creek, in the State of North Carolina, is declared to be a national military park whenever the title to the same shall have been acquired by the United States; that is to say, the area inclosed by the following lines:

Those tracts or parcels of land in the county of Pender, and State of North Carolina, more particularly described as follows:

First tract: Beginning at a stone at the run of Moores Creek, on the east bank of same, about twenty poles (in a straight line) above the new iron bridge, and running thence parallel to William Walker's line, south sixty-two and one-half degrees west eleven chains to a stake; thence south seven and one-half degrees east three and six-tenths chains to a stone at the south edge of the old stage road; thence along the south edge of said road south forty-six degrees east about five chains and eighty links to a stone; thence south thirty-seven and one-fourth degrees west fourteen chains and twelve links to a stone; thence north sixty-two and one-half degrees west ten chains and seventy-five links to a stone, a corner (4) of an eight-acre tract which the parties of the first part conveyed to Governor D. L. Russell, for the purposes aforesaid, by a deed dated January 1898, and recorded in Pender County; thence with the lines of said tract north thirty-nine and one-half degrees east thirteen chains and twenty-seven links to a stake, the third corner of the said eight-acre tract; thence north fifty-one degrees west four chains to a stake about twenty feet from the old entrenchment (the second corner of the eight-acre tract); thence with the first line reversed north forty-four degrees west two chains to a sweet gum at the run of Moores Creek (the first corner of the eight-acre tract); thence up and with the run of said creek to the first station, containing twenty acres.

Second tract: Beginning at a sweet gum on the eastern edge of Moores Creek, running thence south forty-four degrees east two poles to a stake; thence south fifty-one degrees east four poles five links to a stake; thence south thirty-nine degrees west thirteen poles twenty-seven links to a stake; thence north fifty-one degrees west nine poles thirty-one links to

a stake in the edge of Moores Creek; thence northerly with the creek to the beginning, containing eight acres more or less.

Third tract: Beginning at a cypress on the edge of the run of Moores Creek about twenty feet from the west end of the old entrenchments and running thence in a line parallel to and ten feet distance from the outside or east edge of the old line of entrenchments in all the various courses of the same to a stake ten feet distant on the east side of the north end of said entrenchments; thence a direct line to the run of said Moores Creek; thence down said creek to the beginning, containing two acres, be the same more or less (the intention is to include all lands now known and designated as Moores Creek battlefield and now so recognized as such and owned by the State of North Carolina), together with all the privileges and appurtenances thereunto belonging.

The aforesaid tracts of land containing in the aggregate thirty acres, more or less, and being the property of the State of North Carolina, and the area thus inclosed shall be known as the Moores Creek National Military Park. (June 2, 1926, ch. 448, § 1, 44 Stat. 684.)

§ 422a. Same; acceptance of lands.

The establishment of the Moores Creek National Military Park shall be carried forward under the control and direction of the Secretary of the Interior, who is authorized to receive from the State of North Carolina a deed of conveyance to the United States of all the lands belonging to the said State, embracing thirty acres, more or less, and described more particularly in section 422 of this title. (June 2, 1926, ch. 448, § 2, 44 Stat. 685; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)

TRANSFER OF FUNCTIONS

Administrative functions of Moores Creek National Military Park were transferred to the Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out in notes under section 132 of Title 5, Executive Departments and Government Officers and Employees.

National Park Service was substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.

§ 422a-1. Same; acceptance of property.

The Secretary of the Interior is authorized, in his discretion, to accept in behalf of the United States donations of lands, buildings, structures, and other property, or interests therein, which he may determine to be of historical interest in connection with the Moores Creek National Military Park, the title to such property or interests to be satisfactory to the Secretary of the Interior: Provided, That the area to be accepted pursuant to this section shall not exceed one hundred acres. All such property and interests, upon acquisition by the Federal Government, shall be a part of the Moores Creek National Military Park and shall be subject to all laws and regulations applicable thereto. (Sept. 27, 1944, ch. 417, 58 Stat. 746.)

§ 422b. Same; duties of Secretary of the Interior.

The affairs of the Moores Creek National Military Park shall be subject to the supervision and direction of the Secretary of the Interior, and it shall be the duty of the Interior Department, under the direction of the Secretary of the Interior, to open or repair such roads as may be necessary to the purposes of the park, and to ascertain and mark with historical tablets or otherwise, as the Secretary of the Interior may determine, all lines of battle of the troops engaged in the Battle of Moores Creek, and other historical points of interest pertaining to the battle within the park or its vicinity; and the Secretary of the Interior in establishing this military park is authorized to employ such labor and services and to obtain such supplies and material as may be considered best for the interest of the Government, and the Secretary of the Interior shall make and enforce all needed regulations for the care of the park. (June 2, 1926, ch. 448, § 3, 44 Stat. 685; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.)

CROSS REFERENCES

Transfer of administrative functions of park, see note under section 422a of this title.

§ 422c. Same; ascertaining and marking of lines of battle.

It shall be lawful for any State that had troops engaged in the battle of the Moores Creek National Military Park, to enter upon the same for the purpose of ascertaining and marking the lines of battle of its troops engaged therein: Provided, That before any such lines are permanently designated the position of the lines and the proposed methods of marking them by monuments, tablets, or otherwise, shall be submitted to and approved by the Secretary of the Interior; and all such lines, designs, and inscriptions for the same shall first receive the written approval of the Secretary of the Interior. (June 2, 1926, ch. 448, § 4, 44 Stat. 686; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) CROSS REFERENCES

Transfer of administrative functions of park, see note under section 422a of this title.

§ 422d. Same; monuments, etc., protected.

If any person shall, except by permission of the Secretary of the Interior, destroy, deface, injure, or remove any monument, column, statues, memorial structures, or work of art, which shall be placed upon the grounds of the park by lawful authority, or shall destroy or remove any fence, railing, enclosure, or other mark for the protection or ornamentation of said park, or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, brush, or shrubbery that may be growing upon said park, or shall cut down or remove or fell any timber, battle relic, tree, or tree growing upon said park, or hunt within the limits of the park, any person so offending and found guilty thereof before any justice of the peace of the county of Pender, State of North Carolina, shall, for each and every offense, forfeit and pay a fine, in the discretion of the justice, according to the aggravation of the offense, of

not less than $5 nor more than $50, one-half for the use of the park and the other half to the informer, to be enforced and recovered before such justice in like manner as fines of like nature were, on June 2, 1926, by law recoverable in the said county of Pender, State of North Carolina. (June 2, 1926, ch. 448, § 5, 44 Stat. 686; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933.) CROSS REFERENCES

Transfer of administrative functions of park, see note under section 422a of this title.

§ 423. Petersburg National Military Park; establish

ment.

In order to commemorate the campaign and siege and defense of Petersburg, Virginia, in 1864 and 1865 and to preserve for historical purposes the breastworks, earthworks, walls, or other defenses or shelters used by the armies therein, the battle fields at Petersburg, in the State of Virginia, are declared a national military park whenever the title to the same shall have been acquired by the United States by donation and the usual jurisdiction ove) the lands and roads of the same shall have beer granted to the United States by the State of Vir ginia-that is to say, one hundred and eighty-five acres or so much thereof as the Secretary of the In terior may deem necessary in and about the city o Petersburg, State of Virginia. (July 3, 1926, ch. 74€ § 1, 44 Stat. 822; Ex. Ord. No. 6166, § 2, June 10, 1933 Ex. Ord. No. 6228, § 1, July 28, 1933.)

TRANSFER OF FUNCTIONS

Administrative functions of Petersburg National Mil tary Park were transferred to the Department of the Ir terior by Ex. Ord. Nos. 6166 and 6228, set out in not under section 132 of Title 5, Executive Departments ar Government Officers and Employees.

National Park Service was substituted for Office of N tional Parks, Buildings, and Reservations referred to Ex. Ord. No. 6166, § 2, by act Mar. 2, 1934, ch. 38, § 48 Stat. 389.

TRANSFER OF PORTION OF LANDS TO SECRETARY OF THE ARI Acts June 5, 1942, ch. 345, 56 Stat. 322; July 26, 19. ch. 343, title II, § 205 (a), 61 Stat. 501, provided: "TI the Secretary of the Interior shall transfer to the Secreta of the Army jurisdiction over all lands owned by t United States lying south and east of the Hickory E Road within the Petersburg National Military Park the Commonwealth of Virginia. Upon the date of t transfer, the lands shall cease to be a part of the Pete burg National Military Park and the Secretary of the Ar shali thereafter administer the lands for milit purposes."

§ 423a. Same; acceptance of donations of lands.

The Secretary of the Interior is authorized accept, on behalf of the United States, donations lands, interests therein, or rights pertaining ther required for the Petersburg National Military Pa (July 3, 1926, ch. 746, § 2, 44 Stat. 822; Ex. Ord. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, 28, 1933.)

CROSS REFERENCES Transfer of administrative functions of park, see under section 423 of this title.

§ 423a-1. Same; addition of lands.

The Department of the Army is authorized directed to transfer to the Department of the

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