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        - Tribal Consultations

#  Tribal Consultations 

**Collected by:** Federal Depository Library Program Web Archive 

**Archived since:**May, 2015

**Description:**
Tribal Consultations is an outgrowth of President Obama’s Nov. 5, 2009 Presidential Memorandum and Executive Order 13175, which directs agencies to develop a plan of action for providing regular and meaningful consultation and strengthening of government-to-government relationships with Indian tribes.

**Subject:**    	    Government - US Federal,     	    Native Americans

**Creator:**    	    U.S. Department of Education

**Language:**    	    English

**Collector:**    	    U.S. Government Publishing Office

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### URL:     http://www.edtribalconsultations.org/

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### URL:     https://oese.ed.gov/tribal-consultations-and-listening-sessions/

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### [§490a. Renumbered §492]
IN THE SUPREME COURT OF PENNSYLVANIA 

In the Matter of 

CARL OXHOLM, III 

PETITION FOR REINSTATEMENT 

FROM RETIRED STATUS 

: 

: 

: 

: 

: 

: 

: 

No. 182 DB 2015 (No. 93 RST 2015) 

Attorney Registration No. 30137 

(Philadelphia) 

O R D E R 

PER CURIAM 

AND NOW, this 6th day of January, 2016, the Report and Recommendation of 

Disciplinary Board Member dated December 24, 2015, is approved and it is ORDERED 

that Carl Oxholm, III, who has been on Retired Status, has never been suspended or 

disbarred, and has demonstrated that he has the moral qualifications, competency and 

learning in law required for admission to practice in the Commonwealth, shall be and is, 

hereby reinstated to active status as a member of the Bar of this Commonwealth. The 

expenses incurred by the Board in the investigation and processing of this matter shall 

be paid by the Petitioner.
§ 39.115 How are eligible gifted and talented students identified and nominated? ( a ) Screening can be completed annually to identify potentially eligible students. A student may be nominated for gifted and talented designation using the criteria in § 39.114 by any of the following: ( 1 ) A teacher or other school staff;
( 2 ) Another student;
( 3 ) A community member;
( 4 ) A parent or legal guardian; or
( 5 ) The student himself or herself.
( b ) Students can be nominated based on information regarding the student's abilities from any of the following sources: ( 1 ) Collections of work;
( 2 ) Audio/visual tapes;
( 3 ) School grades;
( 4 ) Judgment of work by qualified individuals knowledgeable about the student's performances (*e.g.*, artists, musicians, poets, historians, etc.);
( 5 ) Interviews or observations; or
( 6 ) Information from other sources.
( c ) The school must have written parental consent to collect documentation of gifts and talents under paragraph (b) of this section.
### [§673b. Renumbered §12304]
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 418 Agreed to House (ATH)]

106th CONGRESS
  2d Session
H. RES. 418

 Expressing the condolences of the House on the death of the Honorable 
    Carl B. Albert, former Speaker of the House of Representatives.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2000

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

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the condolences of the House on the death of the Honorable 
    Carl B. Albert, former Speaker of the House of Representatives.

    Resolved, That the House has learned with profound sorrow of the 
death of the Honorable Carl B. Albert, former Member of the House for 
15 terms, and Speaker of the House of Representatives for the Ninety-
second, Ninety-third, and Ninety-fourth Congresses.
    Resolved, That in the death of the Honorable Carl B. Albert the 
United States and the State of Oklahoma have lost a valued and eminent 
public servant and citizen.
    Resolved, That the Clerk communicate these resolutions to the 
Senate and transmit a copy thereof to the family of the deceased.
    Resolved, That when the House adjourns today, it adjourn as a 
further mark of respect to the memory of the deceased.
                                 <all>
```
#### § 290.1 Purpose.

This part contains procedures for submitting, reviewing, and approving tribal revenue allocation plans for distributing net gaming revenues from tribal gaming activities. It applies to review of tribal revenue allocation plans adopted under IGRA.
* 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

Fifth Circuit 

## FILED February 21, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41283 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee

v. JOSE ROBERTO MEJIA-MEDINA Defendant - Appellant

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-357-1

-------------------- Before KING, WIENER and DeMOSS, Circuit Judges. PER CURIAM: * Jose Roberto Mejia-Medina (Mejia) appeals his sentence following his guilty plea conviction for illegal reentry. Mejia argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Mejia’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Mejia contends that Almendarez-Torres was incorrectly decided and that aNo. 04-41283 -2- majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Mejia properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. Mejia also argues that the district court reversibly erred under United States v. Booker , 543 U.S. 220 (2005), by sentencing him pursuant to a mandatory application of the federal Sentencing Guidelines. The Government concedes that Mejia has preserved this issue for appeal. The Government, however, has not shown beyond a reasonable doubt that the error was harmless. See United States v. Walters , 418 F.3d 461, 463-64 (5th Cir. 2005). Accordingly, Mejia’s sentence is VACATED, and this case is REMANDED for resentencing. CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.
Exhibit 32.2

SECTION 906 CERTIFICATION

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 amended quarterly report of Consolidated Energy, Inc.
(the "Company") on Form 10-QSB for the period ending June 30, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Robert E. Chmiel, Principal Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

 (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 result of operations of the Company.


/s/ Robert E. Chmiel
Robert E. Chmiel, Principal Financial Officer

Date: February 13, 2006


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement has been provided to the Company and will be retained by the Company
and furnished to the Securities and Exchange Commission or its staff upon
request.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 653 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      October 26, 2000.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider the conference report to accompany the bill (H.R. 4942) making 
appropriations for the government of the District of Columbia and other 
activities chargeable in whole or in part against the revenues of said District 
for the fiscal year ending September 30, 2001, and for other purposes. All 
points of order against the conference report and against its consideration are 
waived. The conference report shall be considered as read.
            Attest:

                                                                          Clerk.
```
# C_2006224EN.01001902.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/19 |
| --- | --- | --- | --- |

16.9.2006

EN

Official Journal of the European Union

C 224/19

---

Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 8 June 2006 — Theodor Jäger v Finanzamt Kusel-Landstuhl

(Case C-256/06)

(2006/C 224/35)

Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings

Applicant: Theodor Jäger

Applicant:

Defendant: Finanzamt Kusel-Landstuhl

Defendant:

Questions referred

Is it compatible with Article 73b(1) of the Treaty establishing the European Community (now Article 56(1) EC) that for inheritance tax purposes:

| a) | assets (held abroad) consisting of agricultural land and forestry situated in another Member State are valued in accordance with their fair market value (current market value), whereas a special valuation procedure exists for domestic assets consisting of agricultural land and forestry, the results of which amount on average to only 10 % of their fair market value, and |
| --- | --- |

a)

assets (held abroad) consisting of agricultural land and forestry situated in another Member State are valued in accordance with their fair market value (current market value), whereas a special valuation procedure exists for domestic assets consisting of agricultural land and forestry, the results of which amount on average to only 10 % of their fair market value, and

| b) | assessment of the acquisition of domestic assets consisting of agricultural land and forestry is excluded up to a special tax-free amount and the remaining value is assessed merely at 60 %, |
| --- | --- |

b)

assessment of the acquisition of domestic assets consisting of agricultural land and forestry is excluded up to a special tax-free amount and the remaining value is assessed merely at 60 %,

if, in the case on an heir inheriting an estate made up of both domestic assets and foreign assets consisting of agricultural land and forestry, this results in a situation whereby, as a result of the fact that the assets consisting of agricultural land and forestry are situated abroad, the acquisition of the domestic assets is subject to higher inheritance tax than would be applicable if the assets consisting of agricultural land and forestry were also domestic assets?

---
Pension Benefit Guaranty Corporation 

76-41 

March 22, 1976 

REFERENCE: 

 [*1] 4043(b)(3) Reportable Events. Decrease in Participants 

OPINION: 

 This is in response to your inquiry of March 4, 1976. You ask whether certain plan events constitute a reportable

event or termination under Title IV of the Employee Retirement Income Security Act of 1974 (the "Act"). 

Based upon our telephone conversation and the contents of your letter, I understand the facts to be the following:

An employer whose operations encompass several plants is closing one of the plants with a consequent reduction

of six percent of the participants in a plan maintained by the employer. If the plan covers the aggregate of the plants to

the effect that benefits are payable under the plan without regard to a cessation of contributions on behalf of participants

of a particular plant, the subject reduction of participants is not a reportable event or termination under Title IV. 

However, you should be aware that a failure of the plan to pay benefits when due to particpants is a reportable event

under Section 4043(b)(6) of the Act. It is assumed that any benefit entitlements of the affected participants under the

plan will be satisfied. 

I hope this is of assistance.

* * *

Staff Attorney
#### § 26.36 What follow-up service is available after I complete training?

Job Placement assistance may follow training.
#### § 39.146 Is there an adjustment for small residential programs?

In order to compensate for the additional costs of operating a small residential program, OIEP will add to the total WSUs of each qualifying school as shown in the following table:

| Type of residential program | Number of WSUs added |
| --- | --- |
| Residential student count of 50 or fewer ISEP-eligible students | 12.5. |
| Residential student count of between 51 and 99 ISEP-eligible students | Determined by the formula ((100-X)/200))X, where X equals the residential student count. |
Pension Benefit Guaranty Corporation 

75-36 

September 26, 1975 

REFERENCE: 

 [*1] 4082(b). Effective Date; Special Rules. Applicability of Title IV to Plan Terminations Occurring Between July

1, 1974 and September 2, 1974 

OPINION: 

 I have been asked to respond to your letter of July 28, 1975 to * * *, a case officer with the Pension Benefit

Guaranty Corporation. As you know, on June 20, 1975, * * * sent a letter to * * *, Vice President of * * * informing him

that on the basis on information submitted to this Corporation reasonable cause for filing a notice pursuant to § 4082(b)

of the Employee Retirement Income Security Act of 1974 (the "Act") after September 12, 1974 had not been

demonstrated and therefore benefits under the * * * Pension Plan could not be guaranteed. The letter also afforded *

* * an opportunity to submit additional information within 30 days of receipt of the letter, after which time, our file on

the matter would be closed. 

* * * letter was received by * * * on June 23, 1975. We received your letter dated July 28, 1975 on July 30, 1975,

after the end of the 30-day period in which additional information could have been submitted. In your letter, you state

that since the Act was signed by the President on a holiday, a delay of one day in furnishing [*2] the notice was de

minimis and should not deprive persons of benefits which could be guaranteed by this Corporation. While we are

sympathetic to your argument, it must be presumed that in providing the 10-day period, Congress was aware that such

a short period in which to file the notice would result in some benefits not being guaranteed because of the deadline.

Presumably this is the reason Congress provided that notices received after September 12, 1974 but before October 31,

1974 could be entertained if the delay was for reasonable cause. Since reasonable cause for not timely filing the requisite

notice has not been shown, we must affirm the decision not to guarantee benefits under the * * * Pension Plan on that

ground, in addition to the ground, related above, that your reply to letter dated June 20, 1975 was not timely. 

Henry Rose 

General Counsel
Form of Limited Power of Attorney



 Exhibit 10.24.1 
 Each of the non-employee directors who are signatories to the Post-Effective Amendment No. 2 to the Registration Statement on Form S-8 have executed a limited power of attorney in the form set forth below:

 FORM OF LIMITED POWER OF ATTORNEY 
 KNOW ALL PERSONS BY THESE PRESENTS, that I, the undersigned, a member of the Board of Directors of Callaway Golf Company, a Delaware corporation (the “Company”), with its principal executive offices in
Carlsbad, California, do hereby constitute, designate and appoint each of Steven C. McCracken and Bradley J. Holiday, each of whom are executive officers of the Company, as my true and lawful attorneys-in-fact, each with power of substitution, with
full power to act without the other and on behalf of and as attorney for me, for the purpose of executing and filing with the Securities and Exchange Commission Post Effective Amendments to Registration Statements filed under the Securities Act of
1933 that will have the sole effect of deregistering shares of Company capital stock registered under such Registration Statements as are set forth on Exhibit A attached hereto, and to do all such other acts and execute all such other
instruments which said attorney may deem necessary or desirable in connection therewith. 
 I have executed this Limited Power of Attorney
effective as of May 20, 2008. 
  

	
	  
	  
	 [Name of Director]



  







 EXHIBIT A 
 Registration Statements to be De-Registered 
  

	 	1.	33-98750 


	 	2.	33-92302 


	 	3.	333-27091 


	 	4.	333-05721
SERVED FEBRUARY 24, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SKYWEST AIRLINES, INC. 

FAA DOCKET NO. CP09NM0012 

(Civil Penalty Action) 

DMS No. FAA-2009-0979 

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE 

On February 3, 2010, the Federal Aviation Administration ("Complainant") filed a 

Motion to Take Judicial Notice ("Motion"). The Motion encompasses certain sections of 

the Administrator's civil penalty guidelines ("guidelines"). The guidelines, FAA Order No. 

2150.3B, are published at rgl.faa.gov. The Motion also asks that Judicial Notice be taken 

of 49 U.S.C. §46301(a)(2), a Federal statute. Respondent SkyWest Airlines, Inc. has not 

filed a response to the Motion. 

The court may take Judicial Notice of a fact which is not subject to reasonable 

dispute in that it is either (1) generally known within the territorial jurisdiction of the trial 

court or (2) capable of accurate and ready determination by resort to sources whose 

accuracy cannot reasonably be questioned.^ 

The matters for which Complainant seeks Judicial Notice are federal laws and 

published guidelines of a federal agency. These matters are capable of accurate and 

ready determination by resort to sources whose accuracy cannot reasonably be 

questioned. They also are matters within the public domain. 

WHEREFORE, Complainant's Motion having been read and considered, it is 

hereby ORDERED that Judicial Notice be and is hereby taken of the following: 

' Federal Rules of Evidence, Rule 201 (28 U.S.C). 
1. The Administrator's published civil penalty guidelines contained in FAA 

Order No. 2150.3B; and 

2. 49 U.S.C. §46301(a)(2). 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP09NM0012 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Todd C. Emerson, Respondent's Counsel 

Director, Government and Legal Affairs 

SkyWest Airlines 

444 South River Road 

St. George, UT 84790 

TEL: 435-634-3530 

FAX: 435-634-3505 

Scott R. Morris, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, 'Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.