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EarthWINS Daily #3.13
3/14/98

Date: Fri, 13 Mar 1998 22:23:26 -0800 (PST)
From: Alice McCombs <amccombs@igc.apc.org>

Contents

1. Seabed Mining Code to be Finalized
2. US-ENVIRONMENT: Mining a Threat to Revered Landmark
3. New Web Site: Ecology Resources
4. RealVideo: stop "open-cast" mining
5. Excerpt SC-ACTION #28: OPIC Responds to Sierra Club Efforts by Turning Green
6. Top Corporate Lobbyists (FWD)
7. Would you like to be on one of our lists?
8. Info Request re mining company in Nicaragua
9. LOUISIANA: Yosefa et al v. Freeport McMoran Copper and Gold
  a. Appeal Court reinstates case Against Freeport
  b. Freeport suit to continue in N.O.

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1. Seabed Mining Code to be Finalized

Date: Fri, 13 Mar 1998 18:52:08 -0700
Sender: owner-environews@envirolink.org
From: "EnviroLink News Service:" <newsdesk@envirolink.org>

SEABED MINING CODE SOON FINALIZED

KINGSTON, Jamaica, March 13, 1998 (ENS) - A set of rules to govern
exploration for mineral resources in areas of the deep seabed beyond the
jurisdiction of individual countries will be the priority item as the
International Seabed Authority meets in Kingston on March 16 for the first
portion of its two-part annual session.

The International Seabed Authority is responsible for regulating all
resource-related conduct in the international seabed area by States and
other entities, including international consortia and private national
companies.

Both of the Authority's decision-making groups - the Assembly, composed of
all 136 member States and one entity (the European Community), and the
36-member Council - will convene for two weeks at the organization's
headquarters in Kingston. The final part of the session is scheduled for
August.

The mining code rules under review are limited to prospecting and
exploration for polymetallic nodules rich in manganese, nickel, cobalt and
copper. It represents the first instalment of a broader code that is to
encompass rules, regulations and procedures for the conduct of activities
in the international seabed area, as well as standards for the protection
and preservation of the marine environment in relation to resource
development.

The draft text mandates joint reviews of exploration activities and
environmental monitoring, and provides for contingency plans and measures
to be taken in the event of emergencies likely to cause serious harm to the
marine environment.

The rights and interests of coastal States would be recognized, and the
Council would be authorized to issue emergency protection orders.

Environmental protection and preservation was one of three areas of special
concern to the Commission in drawing up this text, according to its
Chairman, Jean-Pierre Lenoble of France, who
presented the draft last August. The other two were annual reporting and
the transfer of data by contractors to the International Seabed Authority,
and confidentiality of the information submitted.

The Law of the Sea Convention gives the Authority, through its Council,
broad discretionary powers to assess the potential environmental impact of
a given deep seabed mining operation, recommend changes, formulate rules
and regulations, establish a monitoring programme and issue emergency
orders to prevent serious environmental damage. States are to be held
liable for any damage caused by either their own enterprise or contractors
under their jurisdiction.

Last August, the Council approved plans of work submitted by all seven of
the pioneer investors registered for deep seabed activities.

The mining code now being drafted will incorporate a model contract and
standard terms for exploration contracts between the Authority and the
entities exploring the ocean floor. Last August the Council authorized the
first contracts under that regime to the seven investor groups from 11
States.

The seven pioneer registered investors are: the Governments of India and
the Republic of Korea; organizations sponsored respectively by China,
France, Japan and the Russian Federation, and an organization formed by
five Eastern European States and Cuba. The Council authorized the
Secretary-General of the International SeabedAuthority, Satya N. Nandan, to
issue contracts to the seven investors, a step which awaits approval of the
mining regulations.

The International Seabed Authority began work on the seabed mining code in
March 1997, as its first substantive business. The text now before it, a
third draft that is not yet complete, was drawn up last August by the Legal
and Technical Commission, a 22-member expert body elected by the Council.
The Commission hopes to complete its text during the first week of the
coming session, and submit the results for approval by the Council and
Assembly.

The Seabed Authority was established by Part XI (seabed provisions) of the
1982 United Nations Convention on the Law of the Sea, which entered into
force in 1994. Its operations are also governed by the 1994 Agreement
relating to Implementation of Part XI, in effect since 1996.

                                       --- 30 ---

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2. US-ENVIRONMENT: Mining a Threat to Revered Landmark

newsdesk              The Inter Press Service in English   3:11 PM  Mar 13, 1998

       Copyright 1998 InterPress Service, all rights reserved.
          Worldwide distribution via the APC networks.

                      *** 10-Mar-98 ***

Title: US-ENVIRONMENT: Mining a Threat to Revered Landmark

By Danielle Knight

WASHINGTON, Mar 10 (IPS) - For hundreds of years, legends and
myths have swirled around ''Kneeling Nun'' mountain in the south-
west area of the state of New mexico.

Local Native Americans, Anglos and the descendents of Aztec and
Mayan groups who fled the Spanish Conquistadors have a fierce
pride in the mountain that resembles a nun kneeling in prayer -
New Mexico's oldest identifiable landmark.

Today , however, local residents and environmentalists are
fearful that plans to expand one of the world's largest copper
mines threatens the survival of the revered mountain. They say
that the multi-billion dollar Chino Mine, owned by the Arizona-
based multinational mining giant Phelps Dodge and Heisei Minerals
(a subsidiary of the Tokyo-based Mitsubishi), is rapidly
encroaching upon Kneeling Nun Mountain.

''We support the mining industry, in fact many of those
speaking out in support of Kneeling Nun Mountain are miners,'' Vic
Topmiller, spokesman for a local environmental and labour
coalition against the mine told IPS. ''Though the Chino Mine has
brought jobs to the surrounding communities, it's huge waste dumps
also have caused environmental destruction in the area.''

Until now, federal and state authorities have kept a 300 metre
buffer zone been the mountain and the operations of the company -
which also operates mines in South America, West Africa and
Indonesia.

But now the company wants to be allowed to blast 180 meters from
the Nun monolith, which many locals say is too close.

Environmentalists, including the Washington-based National
Wildlife Federation, say that persistent blasting and other mining
operations close to the mountain may weaken its slopes  and
increase the risk of a collapse. They also are concerned that
ground water will be contaminated by toxic waste from the mine,
and that the view of the mountain will be blocked as rocks from
the mine are heaped higher and higher.

Arizona-based Phelps Dodge, which owns two-thirds of the mine,
is trying to expand the mining operation by exchanging about 200
hectares of wilderness land owned by the company for 2100 hectares
of mineral-rich federally owned land next to the mountain.

If the multinational company succeeds in this land swap, it could
avoid otherwise applicable environmental regulations governing
mining on public land and be able to blast much closer to the
mountain, say environmentalists. But, the company insists that
expansion of the mine will not harm the geological wonder.

''We are taking every available measure to not harm the Kneeling
Nun,'' Thomas Foster, vice president and treasurer of Phelps Dodge
told IPS. ''We understand the concern over the mountain and are
keeping our expansion plans very open to the public through public
hearings and environmental impact statements.''

Still, local activists are bent on halting any expansion of the
mine that would harm the mountain. ''The best way to prevent the
destruction of the Kneeling Nun is to stop the land swap,'' says
Don Manning, president of the local United Steelworkers of America
union. ''If the land swap goes through, subsequent mining damage
will destroy this natural rock formation.''

''Nothing is sacred to Phelps Dodge, but profits,'' he added.

According to local legend, a nun who was native to the region
nursed a wounded Spanish soldier back to health. Despite good
intentions, she fell in love with him, forsaking her religious
vows. She was cast out from her convent and turned to stone,
destined to spend eternity kneeling atop the mountain in prayer.

Many locals believe the Nun is a guardian of the miners working
below. In fact, in the past some workers, fearing for their well-
being, have refused to work in the mining pit close to the
mountain unless they did so within her comforting view.

''I remember seeing miners look up at her, cross themselves and
say a prayer, thanking her for another safe shift,'' remembers
Ramon Carillo, a retired mining foreman from the site.

Miners have joined with the National Congress of American
Indians, the Santa Fe-based New Mexico Environmental Law Center,
and the Mexicano-Chicano Chamber of Commerce in forming a
coalition against the mine expansion and are demanding that the
mining company not harm the mountainside or obstruct the view of
Kneeling Nun.

The coalition is calling on U.S. President Bill Clinton and
federal government agencies to declare the site a national
monument so that the corporation is forced to stay much farther
away from the mountain.

The groups say that expansion of the mine could further
contaminate groundwater. The site has had numerous toxic spills
and releases of acidic wastewater containing toxic metals
including lead, arsenic and cadmium. The largest known spill at
Chino occurred in 1988 when Phelps Dodge dumped 185 million
gallons (740 million litres) of wastewater, says the coalition.

The waste and leaching piles, through which acids are  trickled
to capture metals, already are contaminating groundwater below,
says the coalition.

Given the company's past environmental record at Chino and
elsewhere, opponents to the mine say that Phelps Dodge should
hardly be allowed to expand. The federal government holds the
company responsible for about 50 toxic waste sites across the
country. This reputation caused the Washington-based Mineral
Policy Center, an environmental group, to say the company was an
''environmental laggard'' that often used its considerable
political influence to pressure local regulatory agencies.

In Arizona, for example, a 47 hectare pile of four million tons
of toxic mine waste, including mercury, lead and cadmium, from
another one of the company's copper mines, contaminated
groundwater and the nearby river. When the U.S. Environmental
Protection Agency ordered Phelps Dodge to clean up the mess, the
corporation - trying to avoid a 30 million dollar clean-up fee -
suggested building a golf course and housing development over the
pile of mine waste without a thought to possible adverse human
health affects.

The company's gold mining activities in Montana turned the
Blackfoot River, once renowned for its trout fishing, into a muddy
concoction of heavy metals and silt. The river is now so polluted
that when Hollywood's Robert Redford came to Montana to produce a
movie based on a historic novel about the river, he chose to use a
river elsewhere in the state. (END/IPS/dk/mk/98)

Origin: ROMAWAS/US-ENVIRONMENT/
                              ----

       [c] 1998, InterPress Third World News Agency (IPS)
                     All rights reserved

  May not be reproduced, reprinted or posted to any system or
  service outside  of  the  APC  networks,  without  specific
  permission from IPS.  This limitation includes distribution
  via  Usenet News,  bulletin board  systems, mailing  lists,
  print media  and broadcast.   For information about  cross-
  posting,  send   a   message  to   <online@ips.org>.    For
  information  about  print or  broadcast reproduction please
  contact the IPS coordinator at <online@ips.org>.

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3. New Web Site: Ecology Resources

ecology.guide                  sci.environment             5:20 AM  Feb 23, 1998
(at miningco.com)                                         (From News system)

Ecology Resources
http://ecology.miningco.com

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4. RealVideo: stop "open-cast" mining

redoak                         talk.environment            5:09 PM  Mar 10, 1998
(at forestmeister.com)                                    (From News system)

Content-type: text/plain; charset=us-ascii
Content-Transfer-Encoding: 7bit

nonlinear@hotmail.com wrote:
>
> Celtic Enemy
> from Undercurrents
>
> Confronting corporate strip-miners on the land they want to destroy--and
> when that doesn't work, confronting them in their offices!
>
> RealVideo, RealAudio, and discussion area
> http://www.freespeech.org/boards/celticenemy.html
>
> Free Speech Internet Television is a noncommercial website dedicated to
> providing the best alternative media online.
>
> http://www.freespeech.org/
>
> -----== Posted via Deja News, The Leader in Internet Discussion ==-----
> http://www.dejanews.com/   Now offering spam-free web-based newsreading

Cool web pages! Spread the word.

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5. Excerpt SC-ACTION #28: OPIC Responds to Sierra Club Efforts by Turning Green

Date:         Wed, 25 Feb 1998 11:04:58 -0800
Sender: Sierra Club Action <SIERRACLUB-ACTION@LISTS.SIERRACLUB.ORG>
From: sf.moderator@SFSIERRA.SIERRACLUB.ORG
Subject:      #28 February 24, 1998 Save Our National Forests
To: SIERRACLUB-ACTION@LISTS.SIERRACLUB.ORG

SC-ACTION #28, VOL. III
DEFENDING THE ENVIRONMENTAL AGENDA
February 24, 1998

OPIC RESPONDS TO SIERRA CLUB EFFORTS BY TURNING GREEN

After two years of engagement by the Sierra Club, and other
environmental organizations, the U.S. Overseas Private Investment
Corporation (OPIC), which provides risk insurance and financing for
U.S. corporations operating in developing countries, is about to
become the first bilateral finance/insurance agency in the world to
require advance public disclosure of environmental impact assessments
(EIAs).  OPIC was highly criticized two years ago for supporting the
Freeport-McMoran Copper Mine in Indonesia -- considered to be one of
the most polluting mining operations in the world.  (When OPIC began
to respond to pressure from the Sierra Club and question Freeport's
operation, the company canceled their risk insurance.)

The procedures contained in OPIC's new draft Environmental Handbook
are intended to insure that the environmental aspects of prospective
project are no longer ignored.  The procedures are a reflection of
President Clinton's June 1997 U.N. Earth Summit Pledge for the agency,
which in turn  was based on the demands of the environmental groups.

The  major new features of OPIC's draft environmental policy include:

* Mandatory disclosure of EIAs and a 60 day public comment business
  documents.
* Independent third-party compliance audits. OPIC is the first
  bilateral finance/insurance agency to require third party
  environmental audits.
* Forest Stewardship Council-type forest certification (where logging
  is  allowed).  OPIC is the first US government agency to explicitly
  support Forest Stewardship Council (or equivalent) certification
  standards.
* Expanded prohibitions areas where it will not to fund projects.
  They include:
   -- International Union for the Conservation of Nature (IUCN)
      protected areas and RAMSAR; Convention (designated wetlands) in
      environmental screening of projects;
   -- large dams; logging and infrastructure projects in primary
      tropical  forests;
   -- projects in or impacting World Heritage Sites;
   -- projects in or impacting UN's list of National Parks and
      Protected Areas;
   -- projects that require resettlement of 5,000 or more people;
   -- projects that commercially produce ozone depleting chemicals or
      persistent organic chlorines;
   -- extractive or infrastructure projects in strict nature reserves,
      wilderness areas, natural parks, natural monuments,
      habitat/species  management areas as defined by IUCN.

OPIC also adopted modest policies intended to promote the Clinton
Administration's efforts on climate change; customized pricing for
small business projects intended to reduce greenhouse gas emissions
(low cost loans and insurance), including, but not limited to, any
project that eventually gains certification under any potential Joint
Implementation "pollution trading" scheme; and committed to track and
report the greenhouse gas emissions of its projects.

The Environmental Handbook will be posted in the Federal Register
for 120 days.  We expect strong opposition from industry and their
friends on Capitol Hill.  For the Handbook to get adopted by the OPIC
board strong public support will be critical. To get a copy of the
Draft Environmental Handbook, call Harvey Himberg (202) 336-8614 at
OPIC.  For a more complete briefing paper on the Handbook contact
Larry Williams at larry.williams@sierraclub.org.

---------------------------------------------------------------------
Sierra Club Legislative Hotline - 202-675-2394
Sierra Club National Headquarters - 415-977-5500
Sierra Club World Wide Web - http://www.sierraclub.org

White House Comment Line - 202-456-1111
White House Fax Line - 202-456-2461
Clinton's e-mail - president@whitehouse.gov
Gore's e-mail - vice-president@whitehouse.gov
White House Address - 1600 Pennsylvania Ave, Washington, DC 20500

US Capitol Switchboard - 202-224-3121
----------------------------------------------------------------------

----------------------------------------------------------------------
To get off the SIERRACLUB-ACTION list, send email to
LISTSERV@LISTS.SIERRACLUB.ORG

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6. Top Corporate Lobbyists

Date: Mon, 9 Mar 1998 11:23:20 -0500
Sender: owner-corporations@envirolink.org
From: Rich Cowan <rcowan@lesley.edu>

>>From prosocs@phoenix.net  Mon Mar  9 08:55:56 1998
>Date: Mon, 09 Mar 1998 08:51:13 -0600
>From: prosocs <prosocs@phoenix.net>
>Subject: This in from Jody Ripper
>
>Top Washington Lobbying Spenders
>
>.c The Associated Press
>
> Thirty of the top lobbying spenders for the first half of 1997, from an
>Associated Press database of federal disclosure reports for the period:
>
>American Medical Association, $8,560,000
>
>Chamber of Commerce of the United States, $7,000,000
>
>Philip Morris, $5,900,000
>
>General Motors, $5,200,000
>
>Edison Electric Institute, $5,000,000
>
>Pfizer, $4,600,000
>
>United Technologies, $4,160,000
>
>General Electric, $4,120,000
>
>AT&T, $4,120,000
>
>Citicorp, $4,100,000
>
>Christian Coalition, $4,040,000
>
>National Committee to Preserve Social Security and Medicare, $4,020,000
>
>Bell Atlantic, $3,960,000
>
>American Association of Retired Persons, $3,680,000
>
>Northrop Grumman, $3,594,197
>
>Ford Motor Co., $3,478,000
>
>American Hospital Association, $3,390,000
>
>Texaco, $3,219,473
>
>Ameritech, $3,200,000
>
>IBM, $3,180,000
>
>National Association of Realtors, $3,080,000
>
>Pharmaceutical Research and Manufacturers Association, $3,060,000
>
>Association of American Railroads, $3,050,000
>
>Sprint, $3,040,000
>
>Motorola, $3,008,000
>
>GTE, $2,900,000
>
>Boeing, $2,900,000
>
>Seniors Coalition, $2,889,958
>
>SBC, $2,840,000
>
>Exxon, $2,720,000
>
>AP-NY-03-06-98 1410EST
>
> Copyright 1997 The Associated Press.  The information  contained in the AP
>news report may not be published,  broadcast, rewritten or otherwise
>distributed without  prior written authority of The Associated Press.
>E-mail: prosocs@phoenix.net
>See Pro-S.O.C.S. (separation of church & state)
>Web Page http://www.phoenix.net/~prosocs
>Information Forwarded Non-profit FYI
>UNSUBSCRIBE AT ANY TIME, JUST LET US KNOW

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7. Would you like to be on one of our lists?

Date: Fri, 13 Mar 1998 14:18:35 -0800
To: (Recipient list suppressed)
From: Debby  Ortman <lakes@cp.duluth.mn.us>

Hi, we maintain several different lists. One is for our Great Lakes Women's
Leadership Network, one is for people living in the Great Lakes watershed
or who are working on GL water quality issues, and one is for "MN only"
action alerts. We usually send out no more than 2 action alerts every
week. Check out our websites listed below.

Only respond if you would like to be on one of our lists.

EAGLE
Environmental Assoc. for Great Lakes Education
394 Lake Ave. South, #308
Duluth, MN 55802
(218) 726-1828
email: lakes@cp.duluth.mn.us
Debbie Ortman and Jan Conley
Check out our new web sites:
EAGLE: http://www.cp.duluth.mn.us/~lakes/eagle.html
Great Lakes Women's Leadership Network Project:
http://www.cp.duluth.mn.us/~lakes/
Green Thumb Project (pesticide-free lawns):
http://www.cp.duluth.mn.us/~lakes/grthumb.html

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8. Info Request re mining company in Nicaragua

To: "A. I. McCombs" <amccombs@igc.apc.org>
CC: "Recipients of 'mining-exchange' Mailinglist" <mining-exchange@econet.org>
Subject: Re: EarthWINS Daily #3.10
References: <v02110104b12ddb2664bd@[198.150.184.41]>
Content-Type: text/plain; charset=us-ascii
Content-Transfer-Encoding: 7bit

Dear mining-exchange members:
    I do not know if this is the appropriate forum for this, but am at my
wits end trying to find some information. Does anyone have any clue about
how I can find out about a british mining co. 'babilonia Gold Mines' or
'babilonia gold mining co.' , that operated in Nicaragua at the turn of the
century up to the 1920s?

best regards

Ananth Aiyer

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9. LOUISIANA: Yosefa et al v. Freeport McMoran Copper and Gold

a. Appeal Court reinstates case Against Freeport

gn:tapol                        reg.westpapua              5:31 PM  Mar  6, 1998

From: tapol@gn.apc.org (Tapol)
Subject: Louisiana Appeal Court reinstates case Against Freeport

Press Release
Martin E Regan, Attorney-at-Law
6 March 1998

The state of Louisiana Court of Appeals, Fourth Circuit handed down its
opinion in the case of Yosefa et al v. Freeport McMoran Copper and Gold on 5
March 1998. The unanimous opinion REINSTATED the claims of the Indonesian
tribe, which has faced monumental destruction of their native land by the
mining operations of Freeport in Irian Jaya, including Tom Beanal, one of
the tribe's most outspoken leaders.

The Fourth Circuit specifically found that the Orleans Civil District Court
has jurisdiction over PERSONAL INJURY and ENVIRONMENTAL DAMAGE CLAIMS of the
Amungme and personal jurisdiction over Freeport.

The Courts of Appeals =E1lso distinguished subject matter jurisdiction from=
a conflict of laws question and ruled that: 'the applicability of Indonesian
law to the resolution of this case does not deprive the Louisiana court of
subject matter jurisdiction.'

Plaintiffs' counsel Martin E Regan said: 'The Fourth Circuit's ruling is a
gratifying vindication of the efforts of the Amungme to seek justice against
Freeport here in New Orleans'.

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-------------------------------------------------

b. Freeport suit to continue in N.O.

gn:tapol                        reg.westpapua              9:53 PM  Mar  6, 1998

From: tapol@gn.apc.org (Tapol)

The Times Picayune, 6 March 1998

Though federal courts threw out an Indonesian tribe's lawsuit against
Freeport- McMoran, in a similar case filed in Orleans Parish will go
forward, a state appeals court decided Thursday.

The three-judge panel of the 4th Curcuit Court of Appeals reversed last
year's decision to dismiss the suit filed on behalf of plaintiff Yosefa Alomang.

Alomang's suit drew the attention of international human rights and
environmental activists seeking ways to put pressure on the overseas
operations of US multinational corporations.

Last year, an Orleans Parish civil district court ruled that Alomang's suit
alleging international human rights violations and environmental damage in
Indonesia had jurisdictional issues.

In the suit, Alomang alleges that the violations were committed by Freeport.
On Thursday, Judge William H Byrnes III, speaking for the panel, wrote: At
this staghe of the proceedings, the record does not contain sufficient
information to permit us to conclude otherwise,' setting the case back on track.

Because the defendants are based in New Orleans, Byrnes wrote, the case's
trial in Louisiana is proper.

Alomang, a member of the Amungme tribe, was taken from her home by soldiers
one night in October 1994 and locked up in a police station closet for three
weeks, she said. She filed the suit in 1996, claiming that Freeport's
operations were linked to the strife in Indonesia.

'This is a major, major decision,' the plaintiff's attorney Martin Regan
said. 'Freeport had their federal lawsuit dismissed but the state said the
opposite.'

Regan said the lawsuit will stay in Orleans parish because 'Freeport made
decisions, made policies and implemented policies from here.'

The class-action lawsuit will represent between 3,000 and 10,000
Indonesians, he said.

Freepost will seek a rehearsing of the decision, Freeport spokeman Garland
Robinette said.

'We are confident that we will prevail because the allegations in this
lawsuit have no basis in law or in fact,' Robinette said.

He said the corporation is confident Alomang's suit will follow the same
path that Tom Beanal's did earlier this week. On Tuesday, a federal judge
dismissed a lawsuit brought by Tom Beanal, an Indonesian tribal leaser,
against Freeport.

UN district Judge Stanwood Duval Jr wrote that Beanal had failed to provide
specific information conderning allegations that Freeport had committed
human rights abuses against him.

Duval called dismissing the suit a 'draconian remedy' but said the action
was appropriate, given what the judge described as Beanal's repeated failure
to provide information the court has requested.

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