alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §904b. Art. 104b. Unlawful enlistment, appointment, or separation

Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

(Aug. 10, 1956, ch. 1041, 70A Stat. 66, §884; renumbered §904b, Pub. L. 114–328, title LX, §5401(1), Dec. 23, 2016, 130 Stat. 2938.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 884 | 50:678. | May 5, 1950, ch. 169, §1 (Art. 84), 64 Stat. 135. |

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–328 renumbered section 884 of this title as this section.

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

#### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
§ 211.43 Royalty rates for minerals other than oil and gas. ( a ) Except as provided in paragraph (b) of this section, the minimum rates for leases of minerals other than oil and gas shall be as follows: ( 1 ) For substances other than coal, the royalty rate shall be 10 percent of the value of production produced and sold from the lease at the nearest shipping point.
( 2 ) For coal to be strip or open pit mined the royalty rate shall be 121 ⁄ 2 percent of the value of production produced and sold from the lease, and for coal removed from an underground mine, the royalty rate shall be 8 percent of the value of production produced and sold from the lease.
( 3 ) For geothermal resources, the royalty rate shall be 10 percent of the amount or value of steam, or any other form of heat or energy derived from production of geothermal resources under the lease and sold or utilized by the lessee. In addition, the royalty rate shall be 5 percent of the value of any byproduct derived from production of geothermal resources under the lease and sold or utilized or reasonably susceptible of sale or utilization by the lessee, except that the royalty for any mineral byproduct shall be governed by the appropriate paragraph of this section.
( b ) A lower royalty rate shall be allowed if it is determined to be in the best interest of the Indian mineral owner. Approval of a lower rate may only be granted by the area director if the approving official is the superintendent or by the Assistant Secretary for Indian Affairs, if the approving official is the area director.
§ 2.102 What may I appeal under this part? ( a ) Subject to the exceptions in this part and other applicable law or regulation, you may appeal: ( 1 ) Any discrete, written decision made by a decision-maker that adversely affects you, including a determination by the decision-maker that she or he lacks either the duty or authority to take the action that you have requested; and
( 2 ) Inaction by Indian Affairs officials by following the procedures in subpart F of this part.
( b ) You may not appeal in the following circumstances. ( 1 ) You may not separately appeal the issuance of component documents of the administrative record, including, but not limited to, appraisals or market studies, reports, studies, investigations, notices of impoundment or public sale, recommendations, or National Environmental Policy Act documents. The adequacy of these types of documents cannot be challenged unless and until an appealable decision is made in reliance upon these documents.
( 2 ) You may not appeal an agency's notification to you that it is pursuing or is considering pursuing action against you in Federal district court, unless separate regulations in this title require you to follow administrative appeal procedures in accordance with this part or other regulations such as those listed in § 2.103 to appeal the notification. Such notifications include, but are not limited to, notices that could lead the agency to pursue actions for money damages against you, such as actions for trespass, ejectment, eviction, nuisance, conversion, or waste to Indian land under the Federal common law or statute.
( 3 ) You may not appeal final agency actions (though you may be able to seek review in Federal district court).
( c ) Any challenge to preliminary, procedural, or intermediate actions by a reviewing official must be submitted to the reviewing official prior to that official's issuing the decision. The reviewing official will address such challenges in the final decision. Such a challenge is not a separate appeal.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-40714

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ANUAR ALEXANDER NUNEZ-MENDOZA, also known as Anuar Nunez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 3:17-CR-4-1

Before DAVIS, HAYNES, and COSTA, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Anuar Alexander 

Nunez-Mendoza has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Nunez-Mendoza has not filed a 

response. We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein. We concur with counsel’s assessment that the appeal 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 17, 2018

Lyle W. Cayce

Clerk

 Case: 17-40714 Document: 00514432883 Page: 1 Date Filed: 04/17/2018
No. 17-40714

2

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from further 

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 17-40714 Document: 00514432883 Page: 2 Date Filed: 04/17/2018
§ 169.1 What is the purpose of this part? ( a ) This part is intended to streamline the procedures and conditions under which BIA will consider a request to approve (*i.e.,* grant) rights-of-way over and across tribal lands, individually owned Indian lands, and BIA lands, by providing for the use of the broad authority under 25 U.S.C. 323-328, rather than the limited authorities under other statutes. This part is also intended to support tribal self-determination and self-governance by acknowledging and incorporating tribal law and policies in processing a request for a right-of-way across tribal lands and defer to the maximum extent possible to Indian landowner decisions regarding their Indian land.
( b ) This part specifies: ( 1 ) Conditions and authorities under which we will consider a request to approve rights-of-way over or across Indian land;
( 2 ) How to obtain a right-of-way;
( 3 ) Terms and conditions required in rights-of-way;
( 4 ) How we administer and enforce rights-of-ways;
( 5 ) How to renew, amend, assign, and mortgage rights-of-way; and
( 6 ) Whether rights-of-way are required for service line agreements.
( c ) This part does not cover rights-of-way over or across tribal lands within a reservation for the purpose of Federal Power Act projects, such as constructing, operating, or maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, or other works which must constitute a part of any project for which a license is required by the Federal Power Act. ( 1 ) The Federal Power Act provides that any license that must be issued to use tribal lands within a reservation must be subject to and contain such conditions as the Secretary deems necessary for the adequate protection and utilization of such lands (16 U.S.C. 797(e)).
( 2 ) In the case of tribal lands belonging to a tribe organized under the Indian Reorganization Act of 1934 (25 U.S.C. 476), the Federal Power Act requires that annual charges for the use of such tribal lands under any license issued by the Federal Energy Regulatory Commission must be subject to the approval of the tribe (16 U.S.C. 803(e)).
( d ) This part does not apply to grants of rights-of-way on tribal land under a special act of Congress specifically authorizing rights-of-way on tribal land without our approval.
H. Res. 448

In the House of Representatives, U.S.,

April 10, 2000.

Whereas on April 19, 1995, as the result of an act of terrorism, a bomb exploded in Oklahoma City, Oklahoma,

collapsing the north face of the 9-story Alfred P. Murrah

Federal Building;

Whereas April 19, 2000, marks the 5th anniversary of this

tragic event;

Whereas the explosion killed more than 168 people, including

19 children, and injured more than 700 others in the Alfred P. Murrah Federal Building and in and around surrounding buildings;

Whereas the explosion destroyed a childcare facility located in

the Alfred P. Murrah Federal Building, killing 15 children;

Whereas 320 surrounding buildings were impacted from the

explosion;

Whereas flying glass and debris from the explosion were a

major cause of injury; and

Whereas greater awareness and sensitivity to the safe design

and operation of buildings could help make the people

who live and work in and around the buildings safer:

Now, therefore, be it
2

•HRES 448 EH

Resolved, That the House of Representatives—

(1) recognizes the countless acts of goodwill by the

thousands of volunteers (including those who donated

goods and services), rescue workers, and Federal, State,

and local officials who assisted in the rescue and recovery efforts following the bombing in Oklahoma City,

Oklahoma, on April 19, 1995;

(2) sends continued condolences to the families,

friends, and loved ones who still suffer from the consequences of the bombing;

(3) pledges to make Federal buildings safer, while

still maintaining a level of openness to the citizens

served by the buildings;

(4) pledges to create an awareness of the dangers

of flying glass and debris resulting from an act of terrorism, an explosion, or a natural disaster; and

(5) pledges to support efforts to make buildings

more secure for people from flying glass and debris and

to promote the use of available technology to protect

people from such glass and debris.

Attest:

Clerk.
Editorial Note on Part 23
Editorial Note: Nomenclature changes to part 23 appear at 79 FR 27190, May 13, 2014.

§ 23.48 Matching shares and agreements. ( a ) Grant funds provided to Indian tribes under subpart C of this part may be used as non-Federal matching shares in connection with funds provided under titles IV-B, IV-E and XX of the Social Security Act or such other Federal programs which contribute to and promote the purposes of the Act as specified in §§ 23.3 and 23.22 (25 U.S.C. 1931).
( b ) Pursuant to 25 U.S.C. 1933, in furtherance of the establishment, operation, and funding of programs funded under subparts C and D of this part, the Secretary may enter into agreements with the Secretary of Health and Human Services. The latter Secretary is authorized by the Act to use funds appropriated for the Department of Health and Human Services for programs similar to those funded under subparts C and D of this part (25 U.S.C. 1931 and 1932), provided that authority to make payment pursuant to such agreements shall be effective only to the extent and in such amounts as may be provided in advance by appropriation Acts.
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Practitioner Engagement will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Wednesday, February 23, 2011.

# FOR FURTHER INFORMATION CONTACT:

Janice Spinks at 1-888-912-1227 or 206-220-6098.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Practitioner Engagement will be held Wednesday, February 23, 2011, at 9:00 a.m. Pacific Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Janice Spinks. For more information                           ( print page 2194)                        please contact Ms. Spinks at 1-888-912-1227 or 206-220-6098, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: January 5, 2011.

Shawn F. Collins,

Director, Taxpayer Advocacy Panel.

[FR Doc. 2011-415 Filed 1-11-11; 8:45 am]

BILLING CODE 4830-01-P
#### § 212.24 Bonds.

The provisions of § 211.24 of this subchapter are applicable to leases under this part.
#### § 2.824 May I appeal the BTFA's ruling?

Yes. The BTFA's ruling may be appealed to the AS-IA. The procedures, requirements, and deadlines set out in §§ 2.816, 2.817, and 2.819 through 2.821 apply to appeals to the AS-IA under this subpart. Submit your Appeal to: U.S. Department of the Interior, Office of the Assistant Secretary—Indian Affairs, MS 4660, 1849 C Street NW, Washington, DC 20240, as provided in § 2.214.
§ 162.302 Is there a model residential lease form? ( a ) We will make available one or more model lease forms that satisfy the formal requirements of this part, including, as appropriate, the model tribal lease form jointly developed by BIA, the Department of Housing and Urban Development, the Department of Veterans' Affairs, and the Department of Agriculture. Use of a model lease form is not mandatory, provided all requirements of this part are met.
( b ) If a model lease form prepared by us is not used by the parties to a residential lease, we will assist the Indian landowners, upon their request, in drafting lease provisions or in using tribal lease forms that conform to the requirements of this part.
§ 175.315 What will happen if I do not pay my bill? ( a ) If you do not pay your bill prior to the close of business on the due date, your bill will be past due.
( b ) If your bill is past due we may: ( 1 ) Disconnect your service; and
( 2 ) Not reconnect your service until your bill, including any applicable fees, is paid in full.
( c ) Specific regulations regarding non-payment can be found in 25 CFR 143.5(c).
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Avalon
Holdings Corporation on Form 10-Q for the period ending March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald E. Klingle, Chief Executive Officer of Avalon Holdings
Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Avalon Holdings Corporation.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Ronald E. Klingle  
|Ronald E. Klingle      
|Chief Executive Officer
|May 11, 2011
§ 103.44 What certain terms mean in this part. *BIA* means the Bureau of Indian Affairs within the United States Department of the Interior.
*Default* means: ( 1 ) The borrower's failure to make a scheduled loan payment when it is due;
( 2 ) The borrower's failure to meet a material condition of the loan agreement;
( 3 ) The borrower's failure to comply with any other condition, covenant or obligation under the terms of the loan agreement within applicable grace or cure periods;
( 4 ) The borrower's failure to remain at least 51 percent Indian owned, as provided in § 103.25(b);
( 5 ) The filing of a voluntary or involuntary petition in bankruptcy listing the borrower as debtor;
( 6 ) The imposition of a Federal, State, local, or tribal government lien on any assets of the borrower or assets otherwise used as collateral for the loan, except real property tax liens imposed by law to secure payments that are not yet due;
( 7 ) Any default defined in the loan agreement, to the extent the definition is not inconsistent with this part.
*Equity* means the value, after deducting all debt, of the borrower's tangible assets in the business being financed, on which a lender can perfect a first lien security interest. It can include cash, securities, or other cash equivalent instruments, but cannot include the value of contractual options, the right to pay below market rental rates, or similar rights if those rights: ( 1 ) Are unassignable; or
( 2 ) Can expire before maturity of the loan.
*Indian* means a person who is a member of a tribe as defined in this part.
*Loan agreement* means the collective terms and conditions under which the lender extends a loan to a borrower, as reflected by the documents that evidence the loan.
*Mortgage* means a consensual lien on real or personal property in favor of the lender, given by the borrower or a co-maker or guarantor of the loan (other than BIA), to secure loan repayment. The term “mortgage” includes “deed of trust.”
*NEPA* means the National Environmental Policy Act of 1969, 42 U.S.C. 4321 *et seq.*
*Person* means any individual or distinct legal entity.
*Program* means the BIA's Loan Guaranty, Insurance, and Interest Subsidy Program, established under 25 U.S.C. 1481 *et seq.,* 25 U.S.C. 1511 *et seq.,* and this part 103.
*Reservation* means any land that is an Indian reservation, California rancheria, public domain Indian allotment, pueblo, Indian colony, former Indian reservation in Oklahoma, or land held by an Alaska Native corporation under the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688), as amended.
*Secretary* means the Secretary of the United States Department of the Interior, or his authorized representative.
*Tribe* means any Indian or Alaska Native tribe, band, nation, pueblo, rancheria, village, community or corporation that the Secretary acknowledges to exist as an Indian tribe, and that is eligible for services from BIA.
###### Editorial Note on Part 224

#### Editorial Note:

Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

#### § 224.57 What must the Secretary do upon receipt of an application?

(a) Upon receiving an application for a TERA, the Secretary must:

(1) Promptly notify the Designated Tribal Official in writing that the Secretary has received the application and the date it was received;

(2) Within 30 days from the date of receiving the application, determine whether the application is complete; and

(3) Take the following actions:

| If the Secretary determines that . . . | Then the Secretary must . . . |
| --- | --- |
| (i) The application is complete | (A) Issue a written notice and a request for an application consultation meeting to the Designated Tribal Official; and
(B) Identify in the written notice any financial assistance available from the Secretary to assist in implementing the TERA, including environmental review of individual projects; and
(C) If appropriate, notify other Departmental bureaus and offices of receiving the application and provide copies. |
| (ii) The application is not complete | (A) Issue a written notice to the Designated Tribal Official that the application is not complete;
(B) Specify the additional information the Tribe is required to submit to make the application complete; and
(C) Start the 270-day review period only when the Secretary receives a complete application. |

(b) Unless the Secretary notifies the Designated Tribal Official during the 30-day review period that the application is not complete, the application is presumed to be complete and the 270-day review period under 25 U.S.C. 3504(e)(2)(A) of the Act will begin as of the date that the application was received.

[73 FR 12821, Mar. 10, 2008, as amended at 84 FR 69611, Dec. 18, 2019]
xml version="1.0" encoding="UTF-8"?


C\_2013264EN.01000901.xml


| | | | |
| --- | --- | --- | --- |
| 13.9.2013 | EN | Official Journal of the European Union | C 264/9 |

---

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)

(Text with EEA relevance)

2013/C 264/06

| | | |
| --- | --- | --- |
| Reference number of the State Aid | SA.36786 (13/X) | |
| Member State | Slovenia | |
| Member State reference number | SI | |
| Name of the Region (NUTS) | Slovenia Article 107(3)(a) | |
| Granting authority | | | | --- | | Ministrstvo za kmetijstvo in okolje | | Dunajska 22 | | SI-1000 Ljubljana | | SLOVENIJA | | http://www.mko.gov.si | | |
| Title of the aid measure | Oprostitev plačila okoljske dajatve za obremenjevanje okolja z emisijo ogljikovega dioksida | |
| National legal basis (Reference to the relevant national official publication) | Uredba o okoljski dajatvi za obremenjevanje okolja z emisijami ogljikovega dioksida (Ur. l. RS, št. 47/2013) | |
| Type of measure | Scheme | |
| Amendment of an existing aid measure | — | |
| Duration | 1.6.2013-31.12.2013 | |
| Economic sector(s) concerned | All economic sectors eligible to receive aid | |
| Type of beneficiary | SME, large enterprise | |
| Annual overall amount of the budget planned under the scheme | EUR 15,7 million | |
| For guarantees | — | |
| Aid Instrument (Article 5) | Other form of tax advantage | |
| Reference to the Commission Decision | — | |
| If co-financed by Community funds | — | |
| Objectives | Maximum aid intensity in % or maximum aid amount in national currency | SME — bonuses in % |
| Aid in the form of reductions in environmental taxes (Article 25) | 100 % | — |

Web link to the full text of the aid measure:

http://www.uradni-list.si/1/content?id=113437

---