II 

111TH CONGRESS 

1ST SESSION S. 1579 

To amend the Wild Free-Roaming Horses and Burros Act to improve the 

management and long-term health of wild free-roaming horses and burros, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2009 

Mr. REID (for Mr. BYRD) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Wild Free-Roaming Horses and Burros Act 

to improve the management and long-term health of 

wild free-roaming horses and burros, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restore Our American 

5 Mustangs Act’’. 

6 SEC. 2. REFERENCE. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of the Act of December 15, 1971 

4 (commonly known as the ‘‘Wild Free-Roaming Horses and 

5 Burros Act’’; 16 U.S.C. 1331 et seq.). 

6 SEC. 3. POLICY. 

7 The first section is amended by striking ‘‘in the area 

8 where presently found, as’’. 

9 SEC. 4. DEFINITIONS. 

10 Section 2 (16 U.S.C. 1332) is amended— 

11 (1) in paragraph (b), by inserting ‘‘born or 

12 present’’ after ‘‘unclaimed horses and burros’’; 

13 (2) in paragraph (c), by striking ‘‘which does 

14 not exceed their known territorial limits,’’; 

15 (3) in paragraph (d)— 

16 (A) by inserting ‘‘and any associated foals’’ 

17 after ‘‘his mares’’; and 

18 (B) by striking ‘‘and’’ after the semicolon; 

19 (4) in paragraph (e), by striking the period and 

20 inserting a semicolon; 

21 (5) in paragraph (f)— 

22 (A) by striking ‘‘(1) which’’ and all that 

23 follows through ‘‘(2)’’; 

24 (B) by inserting ‘‘, in accordance with sec25 tion 3(d),’’ after ‘‘from an area’’; and 


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1 (C) by striking the period at the end and 

2 inserting a semicolon; and 

3 (6) by adding at the end the following: 

4 ‘‘(g) ‘thriving natural ecological balance’ means 

5 a condition that protects ecosystem health, the eco6 logical processes that sustain ecosystem function and 

7 a diversity of life forms, including those species list8 ed under the Endangered Species Act of 1973, and 

9 further ensures that wild horses and burros, live10 stock and wildlife species are given fair consideration 

11 in the allocation of resources on those lands where 

12 said species are authorized or managed consistent 

13 with the requirements of the Federal Land Policy 

14 and Management Act of 1976 (Public Law 94–579) 

15 and other applicable law; and 

16 ‘‘(h) ‘fatally injured or terminally ill’ means an 

17 animal exhibiting one or more of the following: 

18 ‘‘(1) A hopeless prognosis for life. 

19 ‘‘(2) A chronic or incurable disease, injury, 

20 lameness, or serious physical defect (including 

21 severe tooth loss or wear, club foot, and other 

22 severe congenital abnormalities). 

23 ‘‘(3) A condition requiring continuous 

24 treatment for the relief of pain and suffering in 

25 a domestic setting. 


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1 ‘‘(4) An acute or chronic illness, injury, 

2 physical condition or lameness that would pre3 clude an acceptable quality of life for the fore4 seeable future.’’. 

5 SEC. 5. INVENTORY AND DETERMINATIONS. 

6 (a) Section 3(a) (16 U.S.C. 1333(a)) is amended as 

7 follows: 

8 (1) By striking ‘‘is authorized and directed to’’ 

9 and inserting ‘‘shall— 

10 ‘‘(1)’’. 

11 (2) By striking ‘‘, and he may’’ and inserting 

12 a semicolon. 

13 (3) By inserting before ‘‘designate’’ the fol14 lowing: 

15 ‘‘(2)’’. 

16 (4) In paragraph (2) (as so designated)— 

17 (A) by striking ‘‘their’’ and inserting 

18 ‘‘the’’; 

19 (B) by inserting ‘‘of wild free-roaming 

20 horses and burros’’ after ‘‘preservation’’; 

21 (C) by striking ‘‘wherein’’ and inserting 

22 ‘‘where’’; 

23 (D) by striking ‘‘deems’’ and inserting ‘‘, 

24 considers’’; and 


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1 (E) by striking ‘‘desirable. The Secretary 

2 shall’’ and inserting ‘‘desirable; 

3 ‘‘(3)’’. 

4 (5) In paragraph (3) (as so designated), by 

5 striking the period after ‘‘public lands’’ and insert6 ing a semicolon. 

7 (6) By striking ‘‘He shall’’ and inserting the 

8 following: 

9 ‘‘(4)’’. 

10 (7) In paragraph (4) (as so designated), by 

11 striking ‘‘of this Act.’’ and inserting ‘‘of this Act;’’. 

12 (8) By striking ‘‘All’’ and inserting the fol13 lowing: 

14 ‘‘(5) ensure that’’. 

15 (9) In paragraph (5) (as so designated)— 

16 (A) by inserting ‘‘related to wild free-roam17 ing horses and burros are’’ after ‘‘activities’’; 

18 (B) by striking ‘‘shall be’’ both places it 

19 appears; 

20 (C) by inserting ‘‘relevant State’’ after ‘‘in 

21 consultation with the’’; 

22 (D) by striking ‘‘of the State wherein such 

23 lands are located’’; 

24 (E) by striking ‘‘which inhabit such 

25 lands’’; and 


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1 (F) by striking the period after ‘‘endan2 gered wildlife species’’ and inserting a semi3 colon. 

4 (10) By striking ‘‘Any’’ and inserting the fol5 lowing: 

6 ‘‘(6) ensure that any’’. 

7 (11) In paragraph (6) (as so designated)— 

8 (A) by striking ‘‘on any such lands shall 

9 take’’ and inserting ‘‘are made after taking’’; 

10 and 

11 (B) by striking ‘‘which inhabit such 

12 lands.’’ and inserting ‘‘; and’’. 

13 (12) At the end of such subsection, add the fol14 lowing: 

15 ‘‘(7) ensure that, to the extent practicable, the 

16 acreage available for wild and free-roaming horses 

17 and burros shall never be less than the acreage 

18 where wild and free-roaming horses and burros were 

19 found in 1971.’’. 

20 (b) Subsection (b)(1) of section 3 is amended as fol21 lows: 

22 (1) By striking ‘‘(b)(1) The Secretary shall’’ 

23 and inserting the following: 


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1 ‘‘(b) In order to determine if a thriving natural eco2 logical balance exists with regards to wild free-roaming 

3 horses and burros, the Secretary shall— 

4 ‘‘(1)’’. 

5 (2) In paragraph (1) (as so designated)— 

6 (A) by striking ‘‘a current’’ and inserting 

7 ‘‘an’’; and 

8 (B) by striking the period after ‘‘public 

9 lands’’ and inserting a semicolon and the fol10 lowing: 

11 ‘‘(2) update the inventory every two years; and 

12 ‘‘(3) make the inventory available to the public 

13 on the Website of the Bureau of Land Manage14 ment.’’. 

15 (3) By striking ‘‘The purpose’’ and all that fol16 lows through ‘‘the Secretary’’ and inserting the fol17 lowing: 

18 ‘‘(c) In order to better manage and protect wild free19 roaming horses and burros, and to achieve and maintain 

20 a thriving natural ecological balance, the Secretary, not 

21 later than one year after the date of the enactment of this 

22 section, shall take the following actions: 

23 ‘‘(1) Adopt and employ the best scientific, peer24 reviewed methods to accurately estimate wild free25 roaming horse and burro populations on public lands 


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1 for purposes of the inventory required in subsection 

2 (b). 

3 ‘‘(2) Develop a policy and standards, with pub4 lic involvement, for setting consistent, appropriate 

5 management levels on public lands, based on sci6 entifically sound methodologies. 

7 ‘‘(3) Provide a public process, including a pe8 riod for notice and comment, for finalizing appro9 priate management level standards. 

10 ‘‘(4) Publish and distribute these standards to 

11 each field office so that the methodology for esti12 mating population and determining appropriate 

13 management levels is consistent across public lands. 

14 ‘‘(5) Train Federal personnel on the use of 

15 these standard techniques to estimate population 

16 and determine appropriate management levels.’’. 

17 (4) By striking ‘‘shall consult with’’ and insert18 ing the following: 

19 ‘‘(6) Develop and finalize the standards in con20 sultation with—’’. 

21 (5)(A) By inserting ‘‘(A)’’ before ‘‘the United 

22 States Fish’’. 

23 (B) By inserting ‘‘(B)’’ before ‘‘wildlife agen24 cies’’. 


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1 (C) By striking ‘‘wherein’’ and inserting 

2 ‘‘where’’. 

3 (D) By striking ‘‘such individuals’’ and insert4 ing ‘‘(C) individuals’’. 

5 (E) By striking ‘‘such other individuals’’ and 

6 inserting ‘‘(D) individuals’’. 

7 (F) By striking ‘‘he’’ and inserting ‘‘the Sec8 retary’’. 

9 (G) By inserting ‘‘to’’ after ‘‘determines’’. 

10 (6) In subparagraphs (A) through (C) of para11 graph (6) (as so designated), by striking each 

12 comma and inserting a semicolon. 

13 (7) In subparagraphs (A) through (D) of para14 graph (6) (as so designated), by moving the margins 

15 of such subparagraphs 4 ems to the right. 

16 (8) After paragraph (6) (as so designated), by 

17 inserting the following: 

18 ‘‘(7) Identify new, appropriate rangeland for 

19 wild free-roaming horses and burros, including use 

20 of land acquisitions, exchanges, conservation ease21 ments, voluntary grazing buyouts, and agreements 

22 with private landowners to allow for the federally su23 pervised protection of wild horses and burros on pri24 vate lands, except that the Secretary shall assess the 

25 effects of new range for wild free-roaming horses 


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1 and burros on rangeland health, riparian zones, 

2 water quality, soil compaction, seed bed disturbance, 

3 native wildlife, and endangered or threatened species 

4 and transmit the results of the assessment to the 

5 Committee on Natural Resources of the House of 

6 Representatives and the Committee on Energy and 

7 Natural Resources of the Senate. 

8 ‘‘(8) Establish sanctuaries or exclusive use 

9 areas, except that the Secretary shall assess the ef10 fects of sanctuaries or exclusive use areas for wild 

11 free-roaming horses and burros on rangeland health, 

12 riparian zones, water quality, soil compaction, seed 

13 bed disturbance, native wildlife and endangered or 

14 threatened species and transmit the results of the 

15 assessment to the Committee on Natural Resources 

16 of the House of Representatives and the Committee 

17 on Energy and Natural Resources of the Senate. 

18 ‘‘(9) In identifying or designating any new 

19 rangeland, or establishing any sanctuary or exclusive 

20 use area for wild free-roaming horses and burros, 

21 the Secretary of the Interior and the Secretary of 

22 Agriculture shall take into account and avoid any 

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1 sources potential of the lands affected by the identi2 fication, designation, or establishment. 

3 ‘‘(10) Research, develop, and implement en4 hanced fertility control for mares, stallions, or both, 

5 such as surgical or immunocontraception steriliza6 tion or other safe, humane, and effective methods of 

7 fertility control.’’. 

8 (c) In subsection (b) of section 3, by striking ‘‘(2) 

9 Where’’ and inserting ‘‘(d) If’’. 

10 (d) In subsection (d) (as so designated) of section 3— 

11 (1) by striking ‘‘determines’’ and all that fol12 lows through ‘‘horses and burros to be’’ in subpara13 graph (B) and inserting ‘‘has exhausted all prac14 ticable options for maintaining a thriving natural ec15 ological balance on the range, the Secretary may 

16 provide that wild free-roaming horses and burros 

17 are’’; 

18 (2) by striking ‘‘for which he determines’’ the 

19 first place it appears and inserting ‘‘so long as the 

20 Secretary has determined’’; 

21 (3) by striking ‘‘and for which he determines he 

22 can assure’’ and inserting ‘‘and the Secretary can 

23 ensure’’; 


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1 (4) by striking ‘‘(including’’ and all that follows 

2 through ‘‘That, not’’ and inserting the following: ‘‘by 

3 requiring that— 

4 ‘‘(1) no’’; 

5 (5) in paragraph (1) (as so designated)— 

6 (A) by striking ‘‘animals’’ the first two 

7 places it appears and inserting ‘‘wild free-roam8 ing horses and burros’’; 

9 (B) by striking ‘‘such’’ the first place it 

10 appears and inserting ‘‘the’’; and 

11 (C) by striking ‘‘and’’ after the semicolon 

12 and adding the following: 

13 ‘‘(2) each individual adopter shall execute an 

14 appropriate attestation, pursuant to section 1001 of 

15 title 18, United States Code, affirming that adopted 

16 animals or their remains shall not be sold or trans17 ferred for consideration for processing into commer18 cial products; and 

19 ‘‘(3) wild free-roaming horses and burros may 

20 not be contained in corrals or short-term holding fa21 cilities for more than 6 months while awaiting dis22 position.’’; and 

23 (6) by striking subparagraph (C) and para24 graph (3). 


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1 (e) Redesignate subsection (c) of section 3 as sub2 section (e) and in such subsection— 

3 (1) by striking ‘‘Where excess animals have’’ 

4 and inserting ‘‘When a wild free-roaming horse or 

5 burro has’’; 

6 (2) by striking ‘‘a period of’’; 

7 (3) by striking ‘‘is authorized’’ and inserting 

8 ‘‘shall,’’; 

9 (4) by inserting a comma after ‘‘transferee’’; 

10 (5) by striking ‘‘to’’ before ‘‘grant’’; 

11 (6) by striking ‘‘title to not more than four ani12 mals to’’; and 

13 (7) by striking ‘‘at the end of the one-year pe14 riod’’ and inserting ‘‘title to that animal’’. 

15 (f) Redesignate subsection (d) of section 3 as sub16 section (f) and in such subsection— 

17 (1) by striking ‘‘Wild’’ and inserting ‘‘(1) Ex18 cept as provided for in paragraph (2), wild’’; 

19 (2) by redesignating paragraphs (1) through 

20 (4) as subparagraphs (A) through (D), respectively; 

21 (3) in subparagraph (A) (as so redesignated), 

22 by striking ‘‘(c) except for the limitation of sub23 section (c)(1)’’ and inserting ‘‘(e)’’; 

24 (4) in subparagraph (C) (as so redesignated), 

25 by striking ‘‘(b)’’and inserting ‘‘(h)’’; 


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1 (5) in subparagraph (D) (as so redesignated), 

2 by striking ‘‘; or’’ and inserting a period; and 

3 (6) in paragraph (5), by striking ‘‘(5)’’ and all 

4 that follows through ‘‘burro’’ and inserting the fol5 lowing: 

6 ‘‘(2) No animal ever covered under this Act’’. 

7 (g) By inserting after section 3(f) (as so redesig8 nated) the following: 

9 ‘‘(g) Not later than one year after the date of enact10 ment of this subsection, for the purposes of carrying out 

11 a successful wild free-roaming horse and burro adoption 

12 program the Secretary shall— 

13 ‘‘(1) implement creative and more aggressive 

14 marketing strategies for the adoption program, in15 cluding the use of the internet or other media to 

16 showcase horses and the adoption program; 

17 ‘‘(2) explore public outreach opportunities, in18 cluding agreements with local and State organiza19 tions that are using horses for rehabilitation, ther20 apy, or prisoner programs; 

21 ‘‘(3) provide resources to properly screen and 

22 train potential adopters; 

23 ‘‘(4) conduct tours of Bureau of Land Manage24 ment facilities for interested parties; 


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1 ‘‘(5) develop volunteer mentor and compliance 

2 check programs for assisting the agency in facili3 tating successful adoptions; 

4 ‘‘(6) develop a program through which potential 

5 adopters may be offered an economic incentive for 

6 successful completion of the adoption process; and 

7 ‘‘(7) take any and all other actions that the 

8 Secretary determines to be necessary and useful to9 wards expanding the wild horse and burro adoption 

10 program. 

11 ‘‘(h) The Secretary may not destroy or authorize the 

12 destruction of wild free-roaming horses or burros unless 

13 the Secretary— 

14 ‘‘(1) determines that the wild free-roaming 

15 horse or burro is terminally ill or fatally injured; and 

16 ‘‘(2) ensures that the terminally ill or fatally in17 jured wild free-roaming horse or burro will be de18 stroyed in the most humane manner. 

19 ‘‘(i) If the immediate health or safety of wild free20 roaming horses or burros is threatened, such as in severe 

21 drought conditions, the Secretary may temporarily remove 

22 animals from the range. 

23 ‘‘(j) The Secretary may remove from the range wild 

24 free-roaming horses and burros determined to be a threat 


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1 to the health and well being of native plant or wildlife spe2 cies. 

3 ‘‘(k) Except in cases of removal under subsection (d), 

4 (i), or (j), if the Secretary removes wild free-roaming 

5 horses or burros from an area, the Secretary shall provide 

6 a public notice on the Website of the Bureau of Land 

7 Management 30 days prior to the planned removal. 

8 ‘‘(l) The Secretary shall— 

9 ‘‘(1) track the number of wild free-roaming 

10 horses and burros injured or killed during gathering 

11 or holding in a centralized database system; 

12 ‘‘(2) determine what information on the treat13 ment of gathered wild free-roaming horses and bur14 ros in holding and adopted wild free-roaming horses 

15 and burros could be provided to the public to help 

16 inform the public about the treatment of wild free17 roaming horses and burros; and 

18 ‘‘(3) ensure that such information is easily ac19 cessible on the Website of the Bureau of Land Man20 agement.’’. 

21 (h) By striking subsection (e) (relating to sale of ex22 cess animals). 

23 SEC. 6. PRIVATE MAINTENANCE. 

24 Section 4 (16 U.S.C. 1334) is amended— 


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1 (1) by striking ‘‘animals removed’’ and insert2 ing ‘‘animals returned to public land’’; and 

3 (2) by inserting ‘‘pursuant to section 3(h)’’ 

4 after ‘‘agents of the Secretary’’. 

5 SEC. 7. COOPERATIVE AGREEMENTS. 

6 Section 6 (16 U.S.C. 1336) is amended by inserting 

7 ‘‘and other private entities’’ after ‘‘landowners’’. 

8 SEC. 8. JOINT ADVISORY BOARD. 

9 Section 7 (16 U.S.C. 1337) is amended— 

10 (1) by striking ‘‘nine’’ and inserting ‘‘12’’; 

11 (2) by striking ‘‘Governments’’ and all that fol12 lows ‘‘management.’’ and inserting ‘‘Governments 

13 and shall include three representatives of the live14 stock industry; three representatives of the environ15 mental community; three representatives of the ani16 mal protection community; and three scientists with 

17 expertise in wildlife management, animal husbandry, 

18 or natural resource management.’’; and 

19 (3) by adding at the end the following new sen20 tence: ‘‘Nomination of members of the board shall be 

21 conducted by public notice and comment in accord22 ance with the Federal Advisory Committee Act (5 

23 U.S.C. appendix) and shall be for a term of four 

24 years. No individual shall serve more then two con25 secutive terms.’’. 


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1 SEC. 9. CRIMINAL PROVISIONS. 

2 Section 8 (16 U.S.C. 1338) is amended— 

3 (1) by striking ‘‘Any person who’’ and inserting 

4 ‘‘(a) Any person who’’; and 

5 (2) in paragraph (4) of subsection (a) (as so 

6 designated)— 

7 (A) by striking ‘‘except as provided in sec8 tion 3(e),’’; 

9 (B) by inserting ‘‘, transports for proc10 essing,’’ after ‘‘processes’’; 

11 (C) by striking ‘‘the remains of a’’ and in12 serting ‘‘a live or deceased’’; and 

13 (D) by inserting ‘‘for consideration’’ after 

14 ‘‘burro’’. 

15 SEC. 10. LIMITATION OF AUTHORITY. 

16 Strike section 10 (16 U.S.C. 1339) and redesignate 

17 section 11 as section 10. 

18 SEC. 11. REPORTS. 

19 Section 10 (as so redesignated by section 10 of this 

20 Act) is amended as follows: 

21 (1) By striking ‘‘After the expiration’’ and all 

22 that follows through ‘‘thereafter’’ and inserting 

23 ‘‘(a)(1) Not later than one year after the date of en24 actment of this subsection and annually thereafter’’. 

25 (2) By striking ‘‘will submit to Congress a joint 

26 report’’ and inserting ‘‘shall submit to the ComVerDate Nov 24 2008 02:18 Aug 06, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1579.IS S1579

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1 mittee on Natural Resources of the House of Rep2 resentatives and the Committee on Energy and Nat3 ural Resources of the Senate a joint report’’. 

4 (3) By striking ‘‘he’’ and inserting ‘‘the Secre5 taries’’. 

6 (4) By inserting after subsection (a)(1) (as so 

7 designated) the following: 

8 ‘‘(2) The report shall also contain the following— 

9 ‘‘(A) the number of acres managed by the Bu10 reau of Land Management and the USDA Forest 

11 Service for wild free-roaming horses and burros; 

12 ‘‘(B) the appropriate management levels on 

13 public rangelands; 

14 ‘‘(C) a description of the methods used to deter15 mine the appropriate management levels and wheth16 er it was applied consistently across the agency; 

17 ‘‘(D) the number of wild free-roaming horses 

18 and burros on public lands; 

19 ‘‘(E) a description of the methods used to de20 termine the wild free-roaming horse and burro popu21 lation; 

22 ‘‘(F) any land acquisitions, exchanges, con23 servation easements, and voluntary grazing buyouts 

24 that the Secretary has acquired or pursued for wild 

25 free-roaming horses and burros; 


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1 ‘‘(G) any sanctuaries or exclusive use areas es2 tablished for wild free-roaming horses and burros; 

3 ‘‘(H) programs established for fertility control 

4 research, development, and management level imple5 mentation; 

6 ‘‘(I) the extent to which fertility control is being 

7 used by the Secretary to control the population of 

8 wild free-roaming horses and burros; 

9 ‘‘(J) the percentage of the Bureau of Land 

10 Management budget devoted to contraception annu11 ally; 

12 ‘‘(K) the ratio of animals the agency has 

13 contracepted and put back on the range; and 

14 ‘‘(L) which herds have been administered con15 traception and with what results. 

16 ‘‘(3) Each report submitted under paragraph (2) 

17 shall be made available to the public on the Website of 

18 the Bureau of Land Management.’’. 

19 (5) By inserting ‘‘(b)’’ before ‘‘The Secretary of 

20 the Interior’’. 

Æ 


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