alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 1000.90 What happens if an AFA expires before the effective date of the successor AFA?

If the effective date of the successor AFA is not on or before the expiration of the current AFA, subject to terms mutually agreed upon by the Tribe/Consortium and the Department at the time the current AFA was negotiated or in a subsequent amendment, the Tribe/Consortium may continue to carry out the program authorized under the AFA to the extent adequate resources are available. During this extension period, the current AFA shall remain in effect, including coverage of the Tribe/Consortium under the Federal Tort Claims Act (FTCA) 28 U.S.C. 2671-2680 (1994), and the Tribe/Consortium may use any funds remaining under the AFA, savings from other programs or Tribal funds to carry out the program. Nothing in this section authorizes an AFA to be continued beyond the completion of the program authorized under the AFA or the amended AFA. This section also does not entitle a Tribe/Consortium to receive, nor does it prevent a Tribe from receiving, additional funding under any successor AFA. The successor AFA must provide funding to the Tribe/Consortium at a level necessary for the Tribe/Consortium to perform the programs, functions, services, and activities or portions thereof (PFSAs) for the full period it was or will be performed.
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-60300 Summary Calendar

LARRY R. KEGLEY, City of Grenada Manager, Plaintiff-Appellant,

versus

J.W. ABEL, Councilman, Individually and in His Official Capacity as Grenada City Council Member; CALVIN NEELY, Councilman, Individually and in His Official Capacity as GrenadaCity Council Member; LEWIS JOHNSON, Councilman, Individually and in His Official Capacity as Grenada City Council Member; WILLIAM O. WILLIAMS, JR., Councilman, Individually and in His Official Capacity as Grenada City Council Member; J.B FLOWERS, JR., Councilman, Individually and in His Official Capacity as Grenada City Council Member; BILLY COLLINS, Councilman, Individually and in His Official Capacity as Grenada City Council Member; GEORGE THORNTON, Councilman, Individually and in His Official Capacity as Grenada City Council
Member; CITY OF GRENADA, Defendants-Appellees.

Appeal from the United States District Court For the Northern District of Mississippi

(3:96-CV-221-B)

November 19, 1998

Before POLITZ, Chief Judge, EMILIO M. GARZA and DeMOSS, Circuit Judges.

PER CURIAM: *

L arry R. Kegley appeals an adverse summary judgment on his claims of2

wrongful termination, breach of contract, and denial of due process, contending that the

district court erred in its ruling that he lacked a property interest in his continued

employment by the City of Grenada, Mississippi. Having considered the briefs and

record, and on the basis of the facts as detailed, authorities cited, and analysis made by

the district court in its Memorandum Opinion signed, dated, and entered on April 17,

1 998, we conclude that the judgment appealed should be and the same is hereby

AFFIRMED.
#### § 150.105 Are certain LTRO offices responsible for certain geographic areas?

Staff at each LTRO office will have primary responsibility to maintain the record of title for Indian land under that LTRO office's assigned geographic area, based on BIA Region, Tribal reservation, or otherwise, as prescribed by BIA through internal procedures. BIA will keep an updated list of each LTRO office's assigned geographic area of responsibility on *www.bia.gov/bia/ots/dltr.* LTRO offices operated by BIA (as opposed to a Tribe acting on behalf of the Secretary) may assist in maintaining the record of title for Indian land not under their assigned geographic area as needed.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 2 Agreed to House (ATH)]

106th CONGRESS
  1st Session
H. RES. 2

 To inform the Senate that a quorum of the House has assembled and of 
               the election of the Speaker and the Clerk.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

Mr. Armey submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
 To inform the Senate that a quorum of the House has assembled and of 
               the election of the Speaker and the Clerk.

    Resolved, That the Senate be informed that a quorum of the House of 
Representatives has assembled; that J. Dennis Hastert, a Representative 
from the State of Illinois, has been elected Speaker; and Jeffrey J. 
Trandahl, a citizen of the Commonwealth of Virginia, has been elected 
Clerk of the House of Representatives of the One Hundred Sixth 
Congress.
                                 <all>
```
§ 163.19 Contracts for the sale of forest products. ( a ) In sales of forest products with an appraised stumpage value exceeding $15,000, the contract forms approved by the Secretary must be used unless a special form for a particular sale or class of sales is approved by the Secretary.
( b ) Unless otherwise directed, the contracts for forest products from individually-owned Indian land will be paid by remittance drawn to the Bureau of Indian Affairs and transmitted to the Superintendent. Upon the request of the tribe, the contracts for tribal forest products may require that the proceeds be paid promptly and directly into a bank depository account designated by such tribe, or by remittance drawn to the Bureau of Indian Affairs and transmitted to the Superintendent.
( c ) By mutual agreement of the parties to a contract, contracts may be extended, modified, or assigned subject to approval by the approving officer, and may be terminated by the approving officer upon completion or by mutual agreement.
#### George H. Neidlinger, Respondent, v. William E. D. Stokes, Appellant.

Order affirmed, with costs, on the authority of *Neidlinger*v. *Onward Construction Co.,*decided herewith *(ante,*p. 26). Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.
r) 

‘• ""■■ 

Parraguirre 

Hardesty 

would permit withdrawal of a plea after sentencing."); see also NRS 

176.165 (a district court may grant a post-conviction motion to withdraw a 

plea in order to "correct manifest injustice"), he is not entitled to relief 

because "Padilla does not have retroactive effect." Chaidez v. United 

States, 568 U.S. „ 133 S. Ct. 1103, 1105 (2013). Therefore, we 

conclude that the district court did not err by denying Zamora-Del 

Castillo's motion, and we 

ORDER the judgment of the district court AFFIRMED. 2 

cc: Hon. Jerome T. Tao, District Judge 

Mayfield, Gruber & Sheets 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

2Although we filed the fast track statement submitted by ZamoraDel Castillo, it fails to comply with the Nevada Rules of Appellate 

Procedure because it refers to matters in the record without specific 

citation to the appendix. See NRAP 3C(e)(1)(C); NRAP 28(e)(1). Counsel 

for Zamora-Del Castillo is cautioned that the failure to comply with the 

briefing and appendix requirements in the future may result in the 

imposition of sanctions. See NRAP 3C(n). 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2
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Home : Media : News : News Article View

# NAVFAC Pacific Awards $74 Million Contract for Child Development Center on Guam

NAVFAC Pacific Public Affairs Office

                JOINT BASE PEARL HARBOR-HICKAM  –              
Naval Facilities Engineering Systems Command (NAVFAC) Pacific awarded a $74,409,403 firm-fixed price task order on May 21 to Black Construction – Tutor Perini JV of Harmon, Guam for the construction of a child development facility at Andersen Air Force Base (AAFB), Guam.

“This task order reflects our ongoing efforts on improving base infrastructure, ensuring the children of our dedicated service members receive the highest quality care and educational opportunities,” said NAVFAC Pacific Planning, Design and Construction Project Manager Nicole Kimoto.

In addition to the child development facility, a privately owned vehicle parking will also be constructed. The facility will feature a single story reinforced concrete building consisting of child development spaces, core administration, staff support, facility support spaces, outdoor storage, activity spaces and other incidental related work.

Work will be performed in Harmon, Guam with an expected completion date of July 2026.

**                    SHARE                

**                    PRINT
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 330 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      October 14, 1999.
    Resolved, That upon the adoption of this resolution it shall be in order 
without intervention of any point of order to consider in the House the bill 
(H.R. 3064) making appropriations for the government of the District of Columbia 
and other activities chargeable in whole or in part against revenues of said 
District for the fiscal year ending September 30, 2000, and for other purposes. 
The bill shall be considered as read for amendment. The previous question shall 
be considered as ordered on the bill to final passage without intervening motion 
except: (1) one hour of debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Appropriations; and (2) one 
motion to recommit.
            Attest:

                                                                          Clerk.
```
#### The People of the State of New York v. Gaetano Tringali.

—Motion granted.
### §8028. Director of Small Business Programs

(a) Director.—There is a Director of Small Business Programs in the Department of the Navy. The Director is appointed by the Secretary of the Navy.

(b) Office of Small Business Programs.—The Office of Small Business Programs of the Department of the Navy is the office that is established within the Department of the Navy under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.

(c) Duties and Powers.—(1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Navy, and shall exercise such powers regarding those programs, as the Secretary of the Navy may prescribe.

(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.

(Added Pub. L. 109–163, div. A, title IX, §904(d)(1), Jan. 6, 2006, 119 Stat. 3401, §5028; renumbered §8028, Pub. L. 115–232, div. A, title VIII, §807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–232 renumbered section 5028 of this title as this section.

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

#### Change of Name

The Director of Small and Disadvantaged Business Utilization of the Department of the Navy and the Office of Small and Disadvantaged Business Utilization of the Department of the Navy were redesignated the Director of Small Business Programs of the Department of the Navy and the Office of Small Business Programs of the Department of the Navy, respectively, by Pub. L. 109–163 which also provided that references to the former were deemed to refer to the latter. See section 904(a) of Pub. L. 109–163, set out as a note under section 144 of this title.

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
IV

House Calendar No. 103

106TH CONGRESS

1ST SESSION H. RES. 276

[Report No. 106–293]

Providing for consideration of the bill (S. 1467) to extend the funding levels

for aviation programs for 60 days.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5 (legislative day, AUGUST 4), 1999

Mr. REYNOLDS, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of the bill (S. 1467) to extend

the funding levels for aviation programs for 60 days.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order without intervention of any point of

3 order to take from the Speaker’s table the bill (S. 1467)

4 to extend the funding levels for aviation programs for 60

5 days, and to consider the Senate bill in the House. It shall

6 be in order to move to strike all after the enacting clause

7 of the Senate bill and to insert in lieu thereof the provi8 sions of H.R. 1000 as passed by the House. All points
2

HRES 276 RH

1 of order against that motion are waived. If the motion is

2 adopted and the Senate bill, as amended, is passed, then

3 it shall be in order to move that the House insist on its

4 amendment to S. 1467 and request a conference with the

5 Senate thereon.

House Calendar No. 103

106TH CONGRESS

1ST SESSION H. RES. 276

[Report No. 106–293]

RESOLUTION

Providing for consideration of the bill (S. 1467) to

for 60 days.extend the funding levels for aviation programs

AUGUST 5 (legislative day, AUGUST 4), 1999

Referred to the House Calendar and ordered to be

printed
### §649b. Selection for promotion

(a) In General.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.

(b) No Recommendation for Promotion of Officers Below Promotion Zone.—Section 616(b) of this title shall not apply to the selection for promotion of officers described in subsection (a).

(c) Recommendation for Officers To Be Excluded From Future Consideration for Promotion.—In making recommendations pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.

(Added Pub. L. 115–232, div. A, title V, §507(a)(1), Aug. 13, 2018, 132 Stat. 1744.)
### §7072. Judge Advocate General's Corps

There is a Judge Advocate General's Corps in the Army. The Judge Advocate General's Corps consists of—

(1) the Judge Advocate General;

(2) the Assistant Judge Advocate General;

(3) commissioned officers of the Regular Army appointed therein; and

(4) other members of the Army assigned thereto by the Secretary of the Army.

(Aug. 10, 1956, ch. 1041, 70A Stat. 169, §3072; Pub. L. 114–328, div. A, title V, §502(q), Dec. 23, 2016, 130 Stat. 2104; renumbered §7072, Pub. L. 115–232, div. A, title VIII, §808(a), Aug. 13, 2018, 132 Stat. 1838.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3072 | 10:61–1 (1st sentence, less applicability to strength). | June 28, 1950, ch. 383, §308 (1st sentence, less applicability to strength), 64 Stat. 270. |

The words "authorized by sections 21f and 21h, respectively, of this title" are omitted as surplusage. The word "grade" is substituted for the word "rank". The words "but the Secretary shall not assign to the Judge Advocate General's Corps any officer who has been appointed and commissioned in some other special branch or in the Regular Army without specification of branch" are omitted as covered by section 3064 of this title.

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–232 renumbered section 3072 of this title as this section.

2016—Pars. (3) to (5). Pub. L. 114–328 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: "three officers in the grade of brigadier general;".

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

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
* The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-3133

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Southern * District of Iowa. Octavio Monzalvez-Salinas, also * known as Fredy Herrera, also known * [UNPUBLISHED] as Juan Cogles-Pagan, * * Appellant. *

___________ Submitted: March 13, 2006 Filed: March 20, 2006

___________ Before WOLLMAN, FAGG, and RILEY, Circuit Judges.

___________ PER CURIAM. Octavio Monzalvez-Salinas pleaded guilty to conspiracy to distribute five hundred grams or more of actual methamphe tamine, and to illegally reentering the United States after deportation. The district court * sentenced Monzalvez-Salinas post-Bookerto 151 months in prison and five years of supervised release.-2- On appeal, Monzalvez-Salinas contends the district court committed error in enhancing his offense level under U.S.S.G. § 3B1.4 for using a minor to commit the offense and under § 3B1.1(c) for being an or ganizer, leader, manager or supervisor in his offense. According to Monzalvez-Sa linas, there is no factual basis for the enhancements because he did not admit th e underlying facts and a jury did not make the necessary findings. Because the district court applied the guidelines in an advisory manner, however, the court could prope rly find sentence-enhancing facts by a preponderance of the evidence. United States v. Garcia-Gonon , 433 F.3d 587, 593 (8 th Cir. 2006). The district court did not co mmit clear error in making its findings. The evidence supports the court’s conclusion th at Monzalvez-Salinas recruited and then directed another person in the conspi racy to distribute methamphetamine, see United States v. Bahena , 223 F.3d 797, 804 (8 thCir. 2000), and that the person recruited and directed was a minor, see United States v. Paine , 407 F.3d 958, 964-65 (8 thCir. 2005).
Monzalvez-Salinas also argues the district court committed error in denying him relief under the safety valve provi sions of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2(a). To qualify for safety valve re lief, Monzalvez-Salinas must show, among other things, that he does nothave more than one criminal history point, and that he did not organize, lead, manage, or supervise others in the offense. United States v. Marshall , 411 F.3d 891, 895 (8 thCir. 2005). We have already rejected MonzalvezSalinas's contention that the district c ourt improperly found he was the organizer, leader, manager, or supervisor of anothe r in the offense. Monzalvez-Salinas also argues his criminal history category of II overstates the seriousness of his past criminal history. Even if the seriousne ss of a defendant’s past criminal conduct is overstated, criminal history points cannot be deleted for the purposes of the safety valve. United States v. Langmade , 236 F.3d 931, 932 (8 th Cir. 2001) (per curiam). Thus, Monzalvez-Salinas is not elig ible for safety valve relief.

We affirm the district court.

______________________________
H. Res. 313

In the House of Representatives, U.S.,

September 30, 1999.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule

XVIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 2436) to amend title 18, United States Code,

and the Uniform Code of Military Justice to protect unborn

children from assault and murder, and for other purposes.

The first reading of the bill shall be dispensed with. Points

of order against consideration of the bill for failure to comply

with clause 3(b) of the rule XIII are waived. General debate

shall be confined to the bill and shall not exceed two hours

equally divided and controlled by the chairman and ranking

minority member of the Committee on the Judiciary. After

general debate the bill shall be considered for amendment

under the five-minute rule. It shall be in order to consider as

an original bill for the purpose of amendment under the fiveminute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in
2

•HRES 313 EH

the bill. The committee amendment in the nature of a substitute shall be considered as read. No amendment to the

committee amendment in the nature of a substitute shall be

in order except those printed in the report of the Committee

on Rules accompanying this resolution. Each amendment

may be offered only in the order printed in the report, may

be offered only by a Member designated in the report, shall

be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment,

and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. The

Chairman of the Committee of the Whole may: (1) postpone

until a time during further consideration in the Committee of

the Whole a request for a recorded vote on any amendment;

and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another

electronic vote without intervening business, provided that the

minimum time for electronic voting on the first in any series

of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise

and report the bill to the House with such amendments as

may have been adopted. Any Member may demand a separate

vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amend-
3

•HRES 313 EH

ment in the nature of a substitute. The previous question

shall be considered as ordered on the bill and amendments

thereto to final passage without intervening motion except

one motion to recommit with or without instructions.

Attest:

Clerk.
#### § 212.47 Diligence, drainage and prevention of waste.

The provisions of § 211.47 of this subchapter are applicable to leases under this part.