Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

HOUSE BILL NO. 5049

Introduced by REP. FREDERICK W. SIAO

EXPLANATORY NOTE

The Philippines is a sprawling archipelago in Southeast Asia, one of the
longest coastlines in the world, hundreds of rivers, dozens of lakes and waterfalls,
and is bordered by the biodiversity-rich South China Sea, West Philippine Sea,
and Western Pacific Ocean.

Our country has been having recurring water shortages and droughts
brought about by demand and supply factors and exacerbated by natural
calamities, extreme weather events, global warming, and climate change.
Population growth, migration, urbanization, and technological advances weigh in
as demand drivers, while environmental factors influence supply.

There have also been seasonal, occasional, and sometimes artificial supply
Shortages of fish and other seafood, affected by the same demand and supply
factors that affect water resources, and result in compromising food security and
raising prices of water and food sourced from the inland waters, the seas, and the
Pacific Ocean.

The country has excess rainwater in the rainy months and acute water needs
in the dry months.

Meanwhile, the national government has many different agencies attending
to compartmentalized although related water and fisheries concerns, but lacks a

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coherent water and fisheries policy framework. These agencies were created one
by one to address issues and problems as they arose over the many past decades.
Neglected was the rationalization of the alphabet soup of agencies.

Current government officials responsible for water management have
admitted the country has no master plan for water.

This bill proposes a holistic and sustainable Integrated Water and Fisheries
Continuum Management Approach as the bedrock of a Unified Water and
Fisheries Policy Framework.

Within this Integrated Approach and Unified Policy Framework, this bill
establishes the Department of Water and Fisheries that shall be the lead agency
on the regulation, conservation, protection, development, and management of the
country’s water supply, fisheries, aquatic resources, inland waters, and ocean
marine life and minerals.

This bill also establishes the following agencies to be attached to the
Department:

1. National Water Utilities Commission;

2. Watershed, Coastal, and Inland Water Resources Management Board;
3. Philippine Rise and West Philippine Sea Authority; and

4. Inter-Agency Water Policy and Operations Coordination Council

This bill also creates line bureaus, staff bureaus, and an inter-agency
council to enable the Department to work effectively and efficiently.

These government agencies shall be consolidated, merged, and abolished
to create the Department of Water and Fisheries:

- National Water Resources Board;

. Local Water ities Administration;

. National Irrigation Authority;

Dam Management Unit of the National Power Corporation;
. Bureau of Fisheries and Aquatic Resources

. Philippine Fisheries Development Authority;

Aawewne

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7. Laguna Lake Development Authority;

8. Metropolitan Waterworks and Sewerage System;

9. Pasig River Rehabilitation Commission; and

10. River Basin Control Office of the Department of Environment and
‘Natural Resources

The bills also gives the Water Commission the authority to impose
administrative fines and other penalties for:

1. violation of concession commitments;

2. disservice to concession service customers in the form of prolonged
water service interruption;

3. for prolonged low water pressure levels below the minimum agreed
upon in concession agreements; and

4. violations of regulations issued pursuant to the provisions of this Act.

This bill was first filed as HB 9179 and my co-author then was Rep. Harlin
Neil Abayon III of AANGAT TAYO Party-List. I refile it in this 18 Congress.

Considering the foregoing bases, swift passage of this
sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5049

Introduced by REP. FREDERICK W. SIAO

AN ACT
ESTABLISHING THE DEPARTMENT OF WATER AND FISHERIES AND ITS

ATTACHED AGENCIES, PROVIDING FOR THEIR POWERS AND
COMPOSITION, AND SETTING THEIR MANDATE TO FORMULATE AND
IMPLEMENT A NATIONAL COMPREHENSIVE STRATEGIC WATER AND
FISHERIES PROGRAM USING AN INTEGRATED WATER AND FISHERIES

CONTINUUM MANAGEMENT APPROACH AND UNIFIED WATER AND
FISHERIES POLICY FRAMEWORK, APPROPRIATIONS,
AND FOR OTHER PURPOSES,

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section |. Short Title. - This Act shall be known as the “Unified Water and Fisheries
Management Act ”.

Section 2. Declaration of Policy. - It is the declared policy of the State to protect,

conserve, and development the country’s water and fisheries resources through holistic and

integrated continuum management from source to consumption and renewal throughout the
continuum.

Chapter 1 — The Department of Water and Fisheries

Section 3. Creation of the Department of Water and Fisheries. The Department of
Water and Fisheries, hereinafter referred to as the Department, is hereby created,

Page 4 001s


‘The Department shall be the lead agency, guided by a holistic and integrated continuum
water management approach, on the regulation, conservation, protection, development, and
management of the country’s water supply, fisheries, aquatic resources, inland waters, and
ocean marine life and minerals.

The Department shall develop, for approval of the President of the Philippines through
executive order, a National Comprehensive Strategic Water and Fisheries Program using the
Integrated Water and Fisheries Continuum Management Approach and Unified Water and
Fisheries Policy Framework. The Department shall implement the executive order and issue
rules and regulations consistent with its mandates in this Act and in the executive order,

Section 4. The Department Secretary. The Department shall have a Department
Secretary as head of agency. The Secretary shall also concurrently serve as Chairman of the
National Water Utilities Commission, the Watershed, Coastal, and Inland Water Resources
Management Board, the Philippine Rise and West Philippine Sea Authority, and Inter-Agency
Policy and Operations Coordination Council.

The President of the Philippines shall appoint the Department Secretary, who upon his
appointment must not be more than sixty (60) years old, a practicing attorney-at-law with
specialization in maritime law, environmental law, international law, and commercial law, at
least seven (7) years of management experience in water resources, maritime operations, and
the fishing industry.

Section 5. Undersecretaries. The Department shall have the following
undersecretaries:

1. Undersecretary for Water Resources serving concurrently as Chief Operations Officer
and Chief Regulator of the National Water Utilities Commission;

2. Undersecretary for Fisheries serving concurrently as Chief Operations Officer of the
Watershed, Coastal, and Inland Water Resources Management Board;

3. Undersecretary for Ocean and EEZ (Exclusive Economic Zone) Resources serving
concurrently as Chief Operations Officer of the Philippine Rise and West Philippine
Sea Authority; and

4. Undersecretary for Operations, Administration and Inter-Agency Coordination to
supervise the line bureaus and staff bureaus, ensure administrative and budget
Provisions for the attached agencies, and serve concurrently as Chief Operations
Officer, and Vice Chairperson and Alternate Chairperson on the Inter-Agency Policy
and Operations Coordination Council.

Section 6. Attached Agencies, Line Bureaus and Staff Bureaus. The Department
shall have the following attached agencies:

1. National Water Utilities Commission;

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2. Watershed, Coastal, and Inland Water Resources Management Board;
3. Philippine Rise and West Philippine Sea Authority; and
4. Inter-Agency Water Policy and Operations Coordination Council

The Department shall have the following line bureaus.

Irrigation, Dams, and Flood Management Bureau;

Hydrological and Marine Sciences Research and Exploration Bureau;
Freshwater, Saltwater, and Mariculture Industries Development Bureau;
Manila Bay and Tributaries Rehabilitation Bureau;

Laguna Lake Development. Bureau;

River Transport and Safety Bureau; and

Watershed Protection and Security Bureau.

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The Department shall have the following staff bureaus::

Stakeholder Relations and Integrated Communications;
Planning, Research, and Budgeting;

Administration and Finance;

Internal Audit;

Legal Service;

Standards Development; and

International Affairs and Special Programs.

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The functions, responsibilities, and accountabilities of the line and staff bureaus shall
be defined in the presidential executive order that shall constitute the initial implementing
guidelines, rules, and regulations of this Act, in accordance with other pertinent laws,
including, but not limited to:

the Administrative Code of the 1987 (Executive Order 232);

the Philippine Fisheries Code (Republic Act 8550);

the Water Code of the Philippines (Presidential Decree 1067);

the Philippine Clean Water Act (Republic Act 9275);

the Expanded National Integrated Protected Areas Act (Republic Act 11038);
the Ecological Solid Waste Management Act (Republic Act 9003); and
Civil Service Laws.

2 AYe Y=

Chapter 2 — The National Water Utilities Commission

Section 7. The National Water Utilities Commission. The National Water Utilities
Commission, hereinafter referred to as the Commission, is hereby created by merger of the
Local Water Utilities Administration and the Metropolitan Waterworks and Sewerage System.

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Section 8. Composition, Qualifications, Rank and Term of Office. The Commission
shall be a collegial body, with the Department Secretary serving as its Chairman, The
Commission shall have six (6) Commissioners. The Commission shall convene en banc at
least once every two (2) weeks for regular meetings.

One of the six Commissioners must be a practicing lawyer with specialization in
environment law. One Commissioner must be a practicing licensed civil engineer, One
Commissioner shall represent the fisherfolk sector and chosen from a shortlist of six (6)
nominees jointly endorsed by the NGOs for Fisheries Reform, Philippine Council on NGO
Certification, and Cooperatives Development Authority. One Commissioner must be a licensed
practicing sanitary engineer. One Commissioner must be a marine biologist, One
Commissioner must be a licensed master plumber with at least seven years of continuous
practice and management of waterworks operations.

For compensation and civil service purposes, each Commissioner shall have the rank,
compensation and emoluments of an assistant secretary.

The President shall appoint the full-time Commissioners for a full term of four (4) years,
without prejudice to one reappointment. The Commissioners shall hold office until their
successors shalll have been appointed and qualified. Should any Commissioner resign or fail to
serve the entire term, the successor shall be appointed by the President of the Philippines to a
full term.

The President of the Philippines shall simultaneously appoint the first full set of the
Commissioners, and the Operations Director within sixty (60) days from the issuance of the
executive order provided in Section 21 of this Act.

To ensure the continued operation of the Commission and its public services in case of
temporary vacancy in the event of the resignation, suspension, removal, permanent or
prolonged incapacity, or death of the Department Secretary-Chairperson, the Commission
shall, in a special emergency meeting with the entire Commission en banc physically present
or via video conference, temporarily designate the Acting Chairperson chosen from among the
Commissioners.

In case of temporary vacancy in the event of the resignation, suspension, removal,
Permanent or prolonged incapacity, or death of the Undersecretary-Chief Operating Officer,
the Commission shall, in a meeting with the entire Commission en banc physically present ot
via video conference, temporarily designate Operations Director as Acting COO.

Section 9. Special Powers of the Chairman of the Commission. The Chairman,
without the need for concurrence or consent of the whole Commission, to:

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1. appoint, subject to civil service laws and regulations, and upon recommendation of
the Undersecretary and concurrent Chief Operations Officer, all Secretariat
personnel, including the Operations Director; and

2. approve the budget, administrative, and operational plans, programs, and projects
of the Commission.

Section 10. The Commission Secretariat. The Commission shall have a Secretariat
headed by an Operation Director, who shall be the head of the Secretariat. The Operations
Director shall have the rank and emoluments of a Director V bureau director...

The Secretariat shall have divisions for the following concerns:

Legal Affairs;

Research

Administration and Budgeting;
Finance; and

Public Information

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Section 11. Powers and Authority of the Commission. The Commission shall
regulate the commercial and industrial provision of water supply and services, including
desalination, filtration, sewerage, sanitation, water connection repair services, water testing,
water quality assurance, and water refilling stations in metropolitan areas and water districts
nationwide by private water supply and services concessionaires and establishments,

‘The Commission shall have the authority to impose administrative fines and other
penalties for:

violation of concession commitments;

2. disservice to concession service customers in the form of prolonged water service
interruption;

3. for prolonged low water pressure levels below the minimum agreed upon in
‘concession agreements; and

4. violations of regulations issued pursuant to the provisions of this Act.

The Commission shall have visitorial Powers to inspect, investigate, and order the
temporary or permanent closure of any commercial and industrial operations, including
unauthorized water supply and service concessionaires and water refilling stations.

The Commission shall also have the following powers:

1. Establish as many field offices as the Commission may deem necessary for
sufficient coverage of the country;

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2. Set timetables and deadlines for the investigation, hearing, adjudication, and
resolution of all complaints and cases submitted to the Water Commission;

3. Promulgate rules and regulations, and exercise such other powers and functions as
may be necessary to carry out effectively the purpose and objectives of this Act;
and

4. Perform such other functions as may be necessary for its effective operations and
for the continued enhancement, growth or development of water resources, except
those powers or authority expressly provided in this Act

Chapter 3 ~The National Watershed, Coastal
and Inland Water Resources Management Board

Section 12. The National Watershed, Coastal, and Inland Water Resources
Management Board. The Watershed, Coastal, and Inland Water Resources Management
Board, hereinafter referred to as the Board, is hereby created for the equitable and sustainable
management, use, and regulation of watershed, coastal, and inland water resources, particularly
those which are in overlapping local government jurisdictions.

n 13. Composition, Qualifications, Rank and Term of Office. The Board shall
ial body, with the Department Secretary serving as its Chairman. The Board shall
have six (6) Board Members. The Commission shall convene en banc at least once every two
(2) weeks for regular meetings.

One Board Member must be a practicing lawyer with specialization in environment
law. One Board Member must be a practicing licensed marine engineer. One Board Member
shall represent the fisherfolk sector and chosen from a shortlist of six (6) nominees jointly
endorsed by the NGOs for Fisheries Reform, Philippine Council on NGO Certification, and
Cooperatives Development Authority. One Board Member must be a licensed practicing
sanitary engineer. One Board Member must be a marine biologist. One Board Member shall
represent the fisheries industry sector and nominated by the Philippine Chamber of Commerce
and Industry.

For compensation and civil service purposes, each Board Member shall have the rank,
compensation and emoluments of an assistant secretary.

The President shall appoint the full-time Board Members for a full term of four (4)
years and may be reappointed only once. The Board Member shall hold office until their
successors shall have been appointed and qualified. Should any Board Member resign or fail
to serve the entire term, the successor shall be appointed by the President of the Philippines to
a full term.


The President of the Philippines shall simultaneously appoint the first full set of Board
Members, and the Operations Director within sixty (60) days from the issuance of the executive
order provided in Section 21 of this Act.

To ensure the continued operation of the Board and its public services in case of
temporary vacancy in the event of the resignation, suspension, removal, permanent or
prolonged incapacity, or death of the Department Secretary-Chairperson, the Board shall, in a
special emergency meeting with the entire Board physically present or via video conference,
temporarily designate the Acting Chairperson chosen from among the Board Members.

In case of temporary vacancy in the event of the resignation, suspension, removal,
permanent or prolonged incapacity, or death of the Undersecretary-Chief Operating Officer,
the Board shall, in a meeting with the entire Board physically present or via video conference,
temporarily designate Operations Director as Acting COO.

Section 14. Special Powers of the Chairman of the Board. The Chairman, without
the need for concurrence or consent of the whole Board, to:

1, appoint, subject to civil service laws and regulations, and upon recommendation of
the Undersecretary and concurrent Chief Operations Officer, all Secretariat
personnel, including the Operations Director; and

2. approve the budget, administrative, and operational plans, programs, and projects
of the Board.

Section 15. The Board Secretariat. The Board shall have a Secretariat headed by an
Operations Director, who shall be the head of the Secretariat. The Operations
have the rank and emoluments of a Director V bureau director.

‘The Secretariat shall have divisions for the following concerns:

Legal Affairs;

Research;

Administration and Budgeting;
Finance; and

Public Information

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The Board shall have Permanent Committees with specific authority and responsibility
over overlapping local government jurisdictions. The Board shall have appellate quasi-judicial
powers to resolve issues emanating from the Permanent Committees.


The Board shall constitute these Permanent Committees in consultation with the
Department of Interior and Local Government and with the Regional Development Councils.

The Board shall have the authority to issue such permits and clearances necessary for
the regulation of water resources utilization involving all watersheds, coastal waters, and inland
water sources.

‘The Board shall have visitorial powers to inspect,
or permanent closure of any commercial and indust
and inland water resources.

, investigate, and order the temporary
operations involving watershed, coastal,

The Board shalll have the authority to recommend courses of action and provide inputs
to the issuance of environmental clearance certificates of the Depart of Environment and
Natural Resources.

Chapter 4 ~The Philippine Rise and West Philippine Sea Authority

Section 16. The Philippine Rise and West Philippine Sea Authority. The Philippine
Rise and West Philippine Sea Authority is hereby created to ensure the protection,
conservation, and management of all resources, including those on and under the seabed of
the Philippine Rise (formerly known as the Benham Rise) and the West Philippine Sea.

The Authority shall have a governing board. The Board shall be a collegial body, with
the Department Secretary serving as its Chairman. The Board shall have six (6) Board
Members. The Board shall convene en banc at least once every two (2) weeks for regular
meetings.

One Board Member must be a practicing lawyer with specialization in environment
law. One Board Member must be a practicing licensed master mariner. One Board Member
shall represent the fisherfolk sector and chosen from a shortlist of six (6) nominees jointly
endorsed by the NGOs for Fisheries Reform, Philippine Council on NGO Certification, and
Cooperatives Development Authority. One Board Member must be a licensed practicing
marine engineer. One Board Member must be a marine biologist. One Board Member shall
Tepresent the fisheries industry sector and nominated by nominated by the Philippine Chamber
of Commerce and Industry.

For compensation and civil service purposes, each Board Member shall have the rank,
compensation and emoluments of an assistant secretary.

‘The President shall appoint the full-time Board Members for a full term of four (4)
years and may be reappointed only once. The Board Member shall hold office until their
successors shall have been appointed and qualified. Should any Board Member resign or fail



to serve the entire term, the successor shall be appointed by the President of the Philippines to
a full term.

The President of the Philippines shall simultaneously appoint the first full set of Board
Members, and the Operations Director within sixty (60) days from the issuance of the executive
order provided in Section 21 of this Act.

To ensure the continued operation of the Board and its public services in case of
temporary vacancy in the event of the resignation, suspension, removal, permanent or
prolonged incapacity, or death of the Department Secretary-Chairperson, the Board shall, in a
special emergency meeting with the entire Board physically present or via video conference,
temporarily designate the Acting Chairperson chosen from among the Board Members.

In case of temporary vacancy in the event of the resignation, suspension, removal,
permanent or prolonged incapacity, or death of the Undersecretary-Chief Operating Officer,
the Board shall, in a meeting with the entire Board physically present or via video conference,
temporarily designate Operations Director as Acting COO.

Section 17. The Chairman of the Board. The Chairman, without the need for
concurrence or consent of the whole Board, to:

1. appoint, subject to civil service laws and regulations, and upon recommendation of
the Undersecretary and concurrent Chief Operations Officer, all Secretariat
personnel, including the Operations Director; and

2. approve the budget, administrative, and operational plans, programs, and projects
of the Board.

Section 18. The Board Secretariat. The Board shall have a Secretariat headed by an
Operations Director, who shall be the head of the Secretariat. The Operations Director shall
have the rank and emoluments of a Director V bureau director.

‘The Secretariat shall have divisions for the following concerns:

Legal Affairs;

Research;

Administration and Budgeting;
Finance; and

Public Information

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Chapter 5—'The Inter-Agency Water Policy and Operations Coordination Council

Page 12.015


Section 19. The Inter-Agency Policy and Operations Coordination Council. The
Inter-Agency Water Policy and Operations Coordination Council is hereby created to ensure
streamlined and seamless coordination of policies and operations of the Department which
involve other departments, other national agencies and local governments. The Council shall
convene en banc at least once a month for regular meetings.

The Council shall issue joint orders, issuances, and such other directives as are
necessary to implement their coordination mandate.

Department of Environment and Natural Resources;
Department of Agriculture;

Department of Tourism;

Department of Transportation;

Department of Human Settlements and Urban Development;
Department of Interior and Local Government;

Department of Science and Technology; and

Metro Manila Development Authority.

PNAYEYND

The Council shall have a Secretariat headed by an Operations Director, who shall be
the head of the Secretariat. The Operations Director shall have the rank and emoluments of a
Director V bureau director.

In case of temporary vacancy in the event of the resignation, suspension, removal,
permanent or prolonged incapacity, or death of the Operations Director, the Board shall
designate the deputy director as Acting Operations Director.

The Secretariat shall have divisions for the following concerns:

Legal Affairs;

Research;

Administration and Budgeting;
Finance; and

Public Information

AF SS

‘The President of the Philippines shall appoint the Operations Director within sixty (60)
days from the issuance of the executive order provided in Section 21 of this Act.

Chapter 6 ~ Transitory Provisions and Implementing Executive Order

Section 20. Transitory Provisions. The Water and Fisheries Transitory Coordinating
Council, hereinafter referred to as the Transitory Council, is hereby created to consolidate and

merge the following government agencies with different mandates on water resources and
fisheries:


‘National Water Resources Board;
Local Water
National Irrigation Authority;

Dam Management Unit of the National Power Corporation;

Bureau of Fisheries and Aquatic Resources;

Philippine Fisheries Development Authority;

Laguna Lake Development Authority;

Metropolitan Waterworks and Sewerage System;

Pasig River Rehabilitation Commission; and

10. River Basin Control Office of the Department of Environment and Natural
Resources

CEI AVeYNe

The Department Secretary, undersecretaries, assistant secretaries, and the heads of the
aforementioned agencies provided in this Act shall comprise the Transitory Council.

The Transitory Council, in coordination with the Department of Budget and
Management, Presidential Management Staff and Governance Commission on GOCCSs and in
consultation with the Civil Service Commission, shall complete the full operationalization of
the Department not later than one hundred eighty (180) days from the effectivity of this Act.
The Transitory Council shall cease to exist at the end of those 180 days.

‘The Transitory Council shall formulate and implement a Transition Governance and
Operations Policy and Guidelines that shall govern the Council and agencies being
consolidated into the Department.

The Department Secretary shall approve and issue the Transition Governance and
Operations Policy and Guidelines, within thirty (30 days after his or her appointment by the
President of the Philippines.

Section 21. Implementing Executive Order. The President of the Philippines shall,
upon recommendation of the Transitory Council, issue an executive order consistent with this
Act, not later than one hundred eighty (180) days from the effectivity of this Act, that shall:

1, permanently govern the operations of the Department;

2. adopt and approve the Integrated Water and Fish
Management Guiding Principles and Strategy;

3. approve the Department staffing and compensation program;

4. define the functions, roles, responsibilities and accountabilities of the line bureaus,
staff bureaus, and secretariats of the attached agencies; and

5. approve the initial operating budget of the Department.

s Resources Continuum


Section 22. Appropriations. The annual budget of the Department shall be included in
the regular or special appropriations. During the transition and in the initial year of operations,
the current budgets of the agencies for consolidated into the Department shall be the budget of
the Department.

The President is hereby authorized to source the operating budget of the Transitory
Council and the augment the budget of the Department from savings and other available funds
Certified by the Secretary of Budget and Management. These funds shall be directly released
to the Transitory Council within fifteen (15) days from the appointment of the Department
Secretary and to the Department within fifteen (15) days from the issuance of the executive
order provided in Section 21 of this Act.

Chapter 7 — Final Provisions

Section 23. Separability. - If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall continue to be in full force
and effect.

Section 24, Repealing Clause. - All laws, executive orders, and administrative orders
or parts thereof inconsistent with any provision of this Act are hereby repealed or amended
accordingly.

Section 25. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
Publication in the online version of the Official Gazette or in two (2) newspapers of general

circulation or with established internet website presence.

Approved.

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