alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 601.15 Process for preparing an Environmental Assessment. An EA prepared by NCPC as the Lead Agency for a project requiring Commission approval shall comply with the following requirements: ( a ) The EA shall include, without limitation, a brief discussion of the proposed action; the purpose and need for the proposed action; the environmental impacts of the proposed action; the environmental impacts of the alternatives considered; Mitigation measures, if necessary; and a list of agencies and persons consulted in preparation of the assessment.
( b ) The NCPC shall involve to the extent practicable applicants; Federal and District of Columbia agencies; the public; and stakeholders in the preparation of an EA.
( c ) The NCPC, at the sole discretion of the Executive Director, may undertake Public Scoping for an action requiring an EA. The Public Scoping shall generally commence after issuance of a public notice in a media source with widespread circulation and the NCPC Web site of NCPC's intent to prepare an EA. The notice shall include the date, time and location of the Public Scoping meeting.
( d ) The NCPC may solicit public review and comment of a Draft EA. The public comment period generally shall be thirty (30) calendar days. The public comment period shall begin when the Executive Director announces the availability of the Draft EA on the NCPC Web site (*www.ncpc.gov*). The NCPC, at its sole discretion, may decline to circulate a draft EA for non-controversial projects.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-40251

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VICTOR PRADO-MARTINEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-03-CR-326-2

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

Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges. 

PER CURIAM:*

Victor Prado-Martinez (Prado) appeals from his guilty-plea

conviction for conspiracy to possess with intent to distribute

more than 1,000 kilograms of marijuana. Prado contends for the

first time on appeal that 21 U.S.C. § 841(a) and (b) are facially

unconstitutional in view of Apprendi v. New Jersey, 530 U.S. 466

(2000). Prado acknowledges that his argument is foreclosed by

United States v. Slaughter, 238 F.3d 580 (5th Cir. 2000), but he

seeks to preserve his argument for further review. 

United States Court of Appeals

Fifth Circuit

F I L E D

August 18, 2004

Charles R. Fulbruge III

Clerk
No. 04-40251

-2-

In Apprendi, 530 U.S. at 490, the Supreme Court held that

“[o]ther than the fact of a prior conviction, any fact that

increases the penalty for a crime beyond the prescribed statutory

maximum must be submitted to a jury, and proved beyond a

reasonable doubt.” This court has rejected the argument that

Apprendi rendered the sentencing provisions of 21 U.S.C. § 841

facially unconstitutional. See Slaughter, 238 F.3d at 582. As

Prado concedes, the court’s opinion in Slaughter forecloses his

argument. See id.

The judgment of the district court is AFFIRMED.
#### § 17.5 Criteria for emergency filing for public inspection.

An agency may request emergency filing for public inspection for documents to be published under the regular, emergency or deferred publication schedules. Emergency filing for public inspection provides for the fastest possible public access to a document after it has been received, processed and assigned a publication date. Emergency filing for public inspection is considered a special arrangement under § 17.2 of this part that results in deviation from the regular schedule for filing for public inspection. A document receiving emergency filing for public inspection remains on public inspection until it is published according to the schedule for publication.

[54 FR 9680, Mar. 7, 1989]
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# Eighth Army Participates in Exercise in South Korea

By Walter T. Ham IVEighth Army Public Affairs

                YONGSAN GARRISON, South Korea  –              http://www.army.mil/article/116914/Eighth_Army_participates_in_exercise_in_South_Korea/

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#### In the Matter of the Application of James Bernard O’Keefe for Admission to the Bar.

Application granted and order signed. Present — Woodward, Hooker, Gaynor, Rich and Miller, JJ.
#### § 117.13 Telephone and telegraph messages.

The superintendent may expend the surplus funds of an Indian to make direct payment for telephone and telegraph messages sent by the agency or received at the agency at the instance of the Indian or his guardian or attorney.
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# National Security Advisor Jake Sullivan Meets with Chinese Communist Party Politburo Member and Director of the Office of the Foreign Affairs Commission Wang Yi

By The White House Briefing Room

National Security Advisor Jake Sullivan met from May 10-11 with Chinese Communist Party Politburo Member and Director of the Office of the Foreign Affairs Commission Wang Yi in Vienna.  The two sides had candid, substantive, and constructive discussions on key issues in the U.S.-China bilateral relationship, global and regional security issues, Russia’s war against Ukraine, and cross-Strait issues, among other topics.  This meeting was part of ongoing efforts to maintain open lines of communication and responsibly manage competition.  The two sides agreed to maintain this important strategic channel of communication to advance these objectives, building on the engagement between President Biden and President Xi in Bali, Indonesia, in November 2022.

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### Geology of the Pierre area, South Dakota

By: Dwight R. Crandell

                            https://doi.org/10.3133/pp307

#### Links

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- Plates:                               - **Plate 1**                            (pdf)
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- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
#### § 1000.43 May a Tribe/Consortium use its own resources to meet its self-governance planning and negotiation expenses?

Yes, a Tribe/Consortium may use its own resources to meet these costs. Receiving a grant is not necessary to meet the planning phase requirement of the Act or to negotiate a compact and an AFA.
#### Judith Ann Weishaar Lytle, Plaintiff-Appellee, v. Jewel Tea Company, Inc., Defendant-Appellant.

Gen. No. 49,785.

First District, Second Division.

September 14, 1965.

Rehearing denied October 5, 1965.

Hubbard, Hubbard, O’Brien *&*Hall, of Chicago, for appellant; Sheldon Deutsch and Sidney Sherman, of Chicago (Sheldon Deutseh, of counsel), for appellee.

Opinion by

JUSTICE LYONS.

Not to be published in full.
Exhibit 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We hereby consent to the incorporation by reference in this Registration Statement on Form S-3 of our report dated February 22, 2017 except with respect to our opinion on the consolidated financial statements insofar as it relates to the change in the manner in which the Company accounts for share-based compensation as described in Note 1 to the consolidated financial statements, which  is as of September 18, 2017 relating to the financial statements and the effectiveness of internal control over financial reporting, which appears in HealthSouth Corporation's Current Report on Form 8-K dated September 18, 2017.  We also consent to the reference to us under the heading “Experts”  in such Registration Statement.








/s/ PricewaterhouseCoopers LLP


Birmingham, Alabama


September 18, 2017
### §14314. Army and Air Force commissioned officers: generals ceasing to occupy positions commensurate with grade; State adjutants general

(a) General Officers.—Within 30 days after a reserve officer of the Army or the Air Force on the reserve active-status list in a general officer grade ceases to occupy a position commensurate with that grade (or commensurate with a higher grade), the Secretary concerned shall transfer or discharge the officer in accordance with whichever of the following the officer elects:

(1) Transfer the officer in grade to the Retired Reserve, if the officer is qualified and applies for the transfer.

(2) Transfer the officer in grade to the inactive status list of the Standby Reserve, if the officer is qualified.

(3) Discharge the officer from the officer's reserve appointment and, if the officer is qualified and applies therefor, appoint the officer in the reserve grade held by the officer as a reserve officer before the officer's appointment in a general officer grade.

(4) Discharge the officer from the officer's reserve appointment.

(b) Adjutants General.—If a reserve officer who is federally recognized in the Army National Guard or the Air National Guard solely because of the officer's appointment as adjutant general or assistant adjutant general of a State ceases to occupy that position, the Secretary concerned, not later than 30 days after the date on which the officer ceases to occupy that position, shall—

(1) withdraw that officer's Federal recognition; and

(2) require that the officer—

(A) be transferred in grade to the Retired Reserve, if the officer is qualified and applies for the transfer;

(B) be discharged from the officer's reserve appointment and appointed in the reserve grade held by the officer as a reserve officer immediately before the appointment of that officer as adjutant general or assistant adjutant general, if the officer is qualified and applies for that appointment; or

(C) be discharged from the officer's reserve appointment.

(c) Credit for Service in Grade.—An officer who is appointed under subsection (a)(3) or (b)(2)(B) shall be credited with an amount of service in the grade in which appointed that is equal to the amount of prior service in an active status in that grade and in any higher grade.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 104–201, div. A, title V, §544(c), Sept. 23, 1996, 110 Stat. 2523.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in sections 3375, 8375, and 8381 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (c)(1).

#### Amendments

1996—Subsec. (b)(2)(B). Pub. L. 104–201 struck out "of the Air Force" after "reserve officer".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
§ 102.170 Compliance procedures. ( a ) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the agency.
( b ) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).
( c ) The Director, Facilities Management, Office of Administration, Executive Office of the President, shall be responsible for coordinating implementation of this section. Complaints may be sent to the Director at the following address: Room 486, Old Executive Office Building, 17th and Pennsylvania Ave. NW., Washington, DC 20500.
( d ) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause.
( e ) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity.
( f ) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to and usable by individuals with handicaps.
( g ) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing— ( 1 ) Findings of fact and conclusions of law;
( 2 ) A description of a remedy for each violation found; and
( 3 ) A notice of the right to appeal.
( h ) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by § 102.170(g). The agency may extend this time for good cause.
( i ) Timely appeals shall be accepted and processed by the head of the agency.
( j ) The head of the agency shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal.
( k ) The time limits cited in paragraphs (g) and (j) of this section may be extended with the permission of the Assistant Attorney General.
( l ) The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency.
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# LANPAC: Army Commander Leads USSPACECOM Against Space Domain Threats 

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#### § 1000.463 What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by a Tribe/Consortium?

The Tribe/Consortium would need a tribally-approved mechanism to ensure that no officer, employee, or agent (including a subcontractor) of the Tribe/Consortium reviews a trust transaction in which that person has a financial or employment interest that conflicts with that of the trust beneficiary, whether the tribe/consortium or an allottee. Interests arising from membership in, or employment by, a Tribe/Consortium or rights to share in a tribal claim need not be regulated.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Health Resources and Services Administration

Notice is hereby given that I have delegated to the Administrator, Health Resources and Services Administration (HRSA), the authorities vested in the Secretary under Section 4101(a) of the  Patient Protection and Affordable Care Act (Pub. L. 111-148) (42 U.S.C. 280h-4), as amended hereafter, and Section 4101(b) of the Patient Protection and Affordable Care Act (Pub. L. 111-148) amending Section 399Z-1 of the Public Health Service Act (42 U.S.C. 280h-5), as amended hereafter. These authorities may be redelegated.

This delegation excludes the authority to issue regulations, to establish advisory committees and councils, and appoint their members, and to submit reports to Congress, and shall be exercised in accordance with the Department's applicable policies, procedures, and guidelines.

I herby affirm and ratify any actions taken by the Administrator, HRSA, or other HRSA officials, which involved the exercise of these authorities prior to the effective date of this delegation.

This delegation is effective upon date of signature.

Dated: February 10, 2011.

Kathleen Sebelius,

Secretary.

[FR Doc. 2011-3587 Filed 2-16-11; 8:45 am]

BILLING CODE 4165-15-P
IV

House Calendar No. 40

106TH CONGRESS

1ST SESSION H. RES. 143

[Report No. 106–102]

Waiving points of order against the conference report to accompany the

bill (H.R. 800) to provide for education flexibility partnerships.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1999

Ms. PRYCE of Ohio, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Waiving points of order against the conference report to

accompany the bill (H.R. 800) to provide for education

flexibility partnerhips.

1 Resolved, That upon adoption of this resolution it

2 shall be in order to consider the conference report to ac3 company the bill (H.R. 800) to provide for education flexi4 bility partnerships. All points of order against the con5 ference report and against its consideration are waived.

6 The conference report shall be considered as read.
House Calendar No. 40

106TH CONGRESS

1ST SESSION H. RES. 143

[Report No. 106–102]

RESOLUTION

Waiving points of order against the conference refor education flexibility partnerhips. port to accompany the bill (H.R. 800) to provide

APRIL 20, 1999

Referred to the House Calendar and ordered to be

printed