alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1006b. Territorial application

The provisions of this chapter shall be applicable to Hawaii, Alaska, Puerto Rico, and the Virgin Islands.

(Aug. 4, 1954, ch. 656, §9, as added Aug. 7, 1956, ch. 1027, §1(g), 70 Stat. 1090.)

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

#### Extension of Benefits to Projects Authorized Before Aug. 7, 1956

Section as applicable to all works of improvement and plans for such works under the provisions of this chapter, see Extension of Benefits note set out under section 1001 of this title.

#### **Executive Documents**

#### Admission of Alaska and Hawaii to Statehood

Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding former section 491 of Title 48.
### §1729. Funding

#### (a) Cost sharing

#### (1) Projects by qualified youth or conservation corps

The Secretary is authorized to pay not more than 75 percent of the costs of any appropriate conservation project carried out pursuant to this subchapter on public lands by a qualified youth or conservation corps. The remaining 25 percent of the costs of such a project may be provided from nonfederal sources in the form of funds, services, facilities, materials, equipment, or any combination of the foregoing. No cost sharing shall be required in the case of any appropriate conservation project carried out on Indian lands or Hawaiian home lands under this subchapter.

#### (2) Public Lands Corps projects

The Secretary is authorized to accept donations of funds, services, facilities, materials, or equipment for the purposes of operating the Public Lands Corps and carrying out appropriate conservation projects by the Corps. However, nothing in this subchapter shall be construed to require any cost sharing for any project carried out directly by the Corps.

#### (b) Funds available under National and Community Service Act

In order to carry out the Public Lands Corps or to support resource assistants and qualified youth or conservation corps under this subchapter, the Secretary shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act of 1990 [42 U.S.C. 12571(b)].

#### (c) Other funds

Amounts appropriated pursuant to the authorization of appropriations under section 1730 of this title are in addition to amounts allocated to the Public Lands Corps through other Federal programs or projects.

(Pub. L. 91–378, title II, §212, formerly §210, as added Pub. L. 103–82, title I, §105(6), Sept. 21, 1993, 107 Stat. 853; amended Pub. L. 109–154, §2(f)(1), (g)(4), Dec. 30, 2005, 119 Stat. 2892, 2893; renumbered §212 and amended Pub. L. 116–9, title IX, §9003(f)(1), (3), Mar. 12, 2019, 133 Stat. 835.)

#### **Editorial Notes**

#### Amendments

2019—Subsec. (c). Pub. L. 116–9, §9003(f)(3), made technical amendment to reference in original act which appears in text as reference to section 1730 of this title.

2005—Subsec. (a). Pub. L. 109–154, §2(g)(4)(A), substituted "Secretary is" for "Secretary of the Interior and the Secretary of Agriculture are each" in pars. (1) and (2).

Subsec. (b). Pub. L. 109–154, §2(g)(4)(B), substituted "Secretary" for "Secretary of the Interior and the Secretary of Agriculture".

Subsec. (c). Pub. L. 109–154, §2(f)(1), added subsec. (c).

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

#### Effective Date

Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of this title.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. No. 32,841

5 RAUL PERALES,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY

8 Freddie J. Romero, District Judge

9 Gary K. King, Attorney General 

10 Santa Fe, NM

11 for Appellee

12 Bennett J. Baur, Acting Chief Public Defender

13 Kathleen T. Baldridge, Assistant Appellate Defender

14 Santa Fe, NM

15 for Appellant

16 MEMORANDUM OPINION

17 BUSTAMANTE, Judge.
2

1 {1} Defendant-Appellant Raul Perales appeals his conviction for criminal sexual

2 penetration of a minor (CSPM). We previously issued a notice of proposed summary

3 disposition, proposing to affirm. Defendant has filed a memorandum in opposition,

4 which we have duly considered. Because we remain unpersuaded, we uphold the

5 conviction.

6 {2} Defendant has challenged the sufficiency of the evidence. As we previously

7 described at greater length in the notice of proposed summary disposition, the State

8 presented compelling evidence in support of each of the elements of the offense. We

9 therefore reject Defendant’s sufficiency challenge.

10 {3} In the memorandum in opposition, Defendant makes clear that he does not deny

11 that the sexual encounter occurred. [MIO 3] Instead, he continues to assert that the

12 encounter was consensual. [MIO 3-4] However, in this context, given the age of the

13 victim and the nature of the charge, consent is “legally irrelevant.” State v. Perea,

14 2008-NMCA-147, ¶ 11, 145 N.M. 123, 194 P.3d 738.

15 {4} Accordingly, for the reasons stated above and in the notice of proposed

16 summary disposition, we affirm.

17 {5} IT IS SO ORDERED.

18 

19 MICHAEL D. BUSTAMANTE, Judge

20 WE CONCUR:
3

1 

2 MICHAEL E. VIGIL, Judge

3 

4 LINDA M. VANZI, Judge
### SUBCHAPTER I—AFRICAN ELEPHANT CONSERVATION ASSISTANCE
§ 385.507 Prepared written testimony (Rule 507). ( a ) *Offered as an exhibit.* The prepared written testimony of any witness must be offered as an exhibit. The presiding officer will allow a reasonable period of time for the preparation of such written testimony.
( b ) *Time for filing.* Any prepared written testimony must be filed and served within the time provided by the presiding officer, in no case later than 10 days before the session of the hearing at which such exhibit is offered, unless a shorter period is permitted under paragraph (c) of this section.
( c ) *Late-filed testimony.* ( 1 ) If all participants in attendance at the hearing agree, the 10-day requirement for filing any written testimony under paragraph (b) of this section is waived.
( 2 ) The presiding officer may permit the introduction of any prepared written testimony without compliance with paragraph (b) of this section, if the presiding officer determines that the introduction of the testimony: ( i ) Is necessary for a full disclosure of the facts or is warranted by any other showing of good cause; and
( ii ) Would not be unduly prejudicial to any participant.
( 3 ) If any written testimony is served and filed within the 10 day period provided in paragraph (b) of this section, the presiding officer will provide the participants in attendance with a reasonable opportunity to inspect the testimony.
( d ) *Form; authentication.* Prepared written testimony must have line numbers inserted in the left-hand margin of each page and must be authenticated by an affidavit of the witness.
#### Bond Street Knitters, Inc., Respondent, *v.*Peninsula National Bank, Appellant.

First Department

July 2, 1943.

*504*Edward S. Bentley*of counsel *(Conklin <& Bentley,*attorneys), for appellant.

*Arthur J. W. Hilly*of counsel *{Sydney Basil Levy*and *Harry D. Glichsman*with him on the brief; *Chauncey H. Levy*and *Sydney Basil Levy,*attorneys), for respondent.

*Per Curiam.*

The law is well settled that upon a breach of contract to loan money the recovery is only nqminal unless special damage is shown. “ The prospective borrower, however, may recover the special damage which an inability to obtain the money, under the peculiar circumstance of his case, has actually caused him.” *(Avalon Constr. Corp.*v. *Kirch Holding Co.,*256 N. Y. 137, 141, 142; see, also, 2 Sedgwick on Damages [9th ed.] § 622; 5 Williston on Contracts, rev. ed. § 1411.)

In rendering a verdict of $20,000 for plaintiff, the jury undoubtedly entertained an erroneous view that general damages were recoverable. The maximum amount which plaintiff could properly obtain upon the proof was $6,030.55 as special damages. Of this sum, $2,639.91 was claimed for the cost of converting plaintiff’s plant and $3,390.64 for plaintiff’s alleged loss of profits. The jury’s verdict of $20,000 was not supported by any hypothesis of the evidence and therefore could not be *505sustained. *(Nocero*v. *Denitto,*212 App. Div. 363, 365; *Van Der Harst*v. *Koenig,*249 App. Div. 235, 236.)

However, the trial court had no power of its own accord to reduce the verdict from $20,000 to $6,030.55 upon plaintiff’s consent. Bach item of special damage was seriously disputed by defendant. The issue of damages here should have been left to the jury to reassess upon proper instructions. The defect in its verdict could only have been cured by the jury itself. *(Amory*v. *Washington Steamboat Co., Ltd.,*120 App. Div. 818, 822,823.) In the circumstances neither the jury’s verdict as rendered nor the verdict as reduced by the court may be permitted to stand.

The judgment should accordingly be reversed and a new trial ordered, with costs to the appellant to abide the event.

Martin, P. J,, Townley, Untermyer, Cohn and Callahan, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.
§ 705.6 Compliance information. ( a ) *Cooperation and assistance.* The responsible agency official shall, to the fullest extent practicable, seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.
( b ) *Compliance reports.* Each recipient shall keep such records and submit to the responsible agency official timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the responsible agency official may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient or subcontracts with any other person or group, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to carry out its obligations under this part.
( c ) *Access to sources of information.* Each recipient shall permit access by the responsible agency official during normal business hours to such of its books, records, accounts, and other sources of information, and its facilities, as may be pertinent to ascertain compliance with this part. Whenever any information required of a recipient is in the exclusive possession of any other agency, institution, or person and that agency, institution, or person fails or refuses to furnish that information, the recipient shall so certify in its report and set forth the efforts which it has made to obtain the information.
( d ) *Information to beneficiaries and participants.* Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the program under which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the responsible agency official finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.
STATE OF FLORIDA,

Appellant,

v.

J.V., a minor,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-2837

_____________________________/

Opinion filed February 16, 2016.

An appeal from the Circuit Court for Leon County.

Karen A. Gievers, Judge.

Pamela Jo Bondi, Attorney General, Quentin Humphrey, Assistant Attorney 

General, and Trisha Meggs Pate, Bureau Chief, Criminal Appeals, Tallahassee, for 

Appellant.

Nancy A. Daniels, Public Defender, and Laurel Cornell Niles, Assistant Public 

Defender, Tallahassee, for Appellee.

PER CURIAM.

As the order on appeal had two grounds for releasing J.V. from his 

commitment prior to the Department of Juvenile Justice discharging him, and as 

the State’s initial brief only challenges the first ground — the trial court’s statutory 
2

interpretation, we are compelled to affirm since reversal can only be premised on 

arguments made in the initial brief. St. Regis Paper Co. v. R.D. Hill, 198 So. 2d 

365 (Fla. 1st DCA 1967); Page v. City of Fernandina Beach, 714 So. 2d 1070 (Fla. 

1st DCA 1998)

AFFIRMED.

LEWIS, ROWE, and BILBREY, JJ., CONCUR.
[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Page 14379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6153]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA265


Marine Fisheries Advisory Committee

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of open public meeting.

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

SUMMARY: This notice sets forth the schedule and proposed agenda of a 
forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). 
The members will discuss and provide advice on issues outlined in the 
agenda below.

DATES: The meeting is scheduled for March 30, 2011, 2-3:30 p.m., 
Eastern Daylight Time.

ADDRESSES: Conference call. Public access is available at SSMC3, Room 
14836, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Heidi Lovett, (301) 713-9070 x-118; e-
mail: <a href="/cdn-cgi/l/email-protection#470f222e232e690b2831223333072928262669202831"><span class="__cf_email__" data-cfemail="eda588848984c3a1829b889999ad83828c8cc38a829b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The MAFAC was established by the Secretary 
of Commerce (Secretary), and, since 1971, advises the Secretary on all 
living marine resource matters that are the responsibility of the 
Department of Commerce. The complete charter and other information are 
located online at http://www.nmfs.noaa.gov/ocs/mafac/.

Matters To Be Considered

    This meeting is convening to discuss and consider recommendations 
of the MAFAC Commerce Subcommittee on the Department of Commerce and 
NOAA complementary draft national aquaculture policies that support 
sustainable marine aquaculture in the United States. This agenda is 
subject to change.

    Dated: March 11, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-6153 Filed 3-15-11; 8:45 am]
BILLING CODE 3510-22-P


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§ 385.102 Definitions (Rule 102). For purposes of this part— ( a ) *Decisional authority* means the Commission or Commission employee that, at the time for decision on a question, has authority or responsibility under this chapter to decide that particular question.
( b ) *Participant* means: ( 1 ) Any party; or
( 2 ) Any employee of the Commission assigned to present the position of the Commission staff in a proceeding before the Commission.
( c ) *Party* means, with respect to a proceeding: ( 1 ) A person filing any application, petition, tariff or rate filing, complaint, or any protest under section 19a(i) of the Interstate Commerce Act (49 U.S.C. 19a(i));
( 2 ) Any respondent to a proceeding; or
( 3 ) Any person whose intervention in a proceeding is effective under Rule 214.
( d ) *Person* means an individual, partnership, corporation, association, joint stock company, public trust, an organized group of persons, whether incorporated or not, a receiver or trustee of the foregoing, a municipality, including a city, county, or any other political subdivision of a State, a State, the District of Columbia, any territory of the United States or any agency of any of the foregoing, any agency, authority, or instrumentality of the United States (other than the Commission), or any corporation which is owned directly or indirectly by the United States, or any officer, agent, or employee of any of the foregoing acting as such in the course of his or her official duty. The term also includes a foreign government or any agency, authority, or instrumentality thereof.
( e ) *Presiding officer* means: ( 1 ) With respect to any proceeding set for hearing under subpart E of this part, one or more Members of the Commission, or any administrative law judge, designated to preside at such hearing, or, if no Commissioner or administrative law judge is designated, the Chief Administrative Law Judge; or
( 2 ) With respect to any proceeding not set for hearing under subpart E, any employee designated by rule or order to conduct the proceeding.
( f ) *Respondent* means any person: ( 1 ) To whom an order to show cause or notice of tariff or rate examination is issued by the Commission;
( 2 ) Against whom a complaint is directed; or
( 3 ) Designated as a respondent by the Commission or by the terms of this chapter.
[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 606, 64 FR 44405, Aug. 16, 1999]
----

| Delaware                                                          |   | 000-23143               |   | 13-3379479                       |
|-------------------------------------------------------------------|--------|-------------------------|--------|----------------------------------|
| (State or other jurisdictionof incorporation)                     |   | (CommissionFile Number) |   | (IRS EmployerIdentification No.) |
|                                                              |   |                    |   |                             |
| 777 Old Saw Mill River Road, Tarrytown, New York                  |   | 10591                   |
| (Address of principal executive offices)                          |   | (Zip Code)              |
| Registrant's telephone number, including area code (914) 789-2800 |
| o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
|---|---------------------------------------------------------------------------------------|
| o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
|---|----------------------------------------------------------------------------------------|
| o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
|---|--------------------------------------------------------------------------------------------------------|
| o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
|---|--------------------------------------------------------------------------------------------------------|

----

| Item 8.01 | Other Events. |
|-----------|---------------|

| Item 9.01 | Financial Statements and Exhibits. |
|-----------|------------------------------------|
| (d) | Exhibits. |
|-----|-----------|
| Exhibit No.      | Description |
|-------------------------------------------|-------------|
| 99.1   | Press Release issued February 14, 2013. |
|------------------|-----------------------------------------|

----

|   | PROGENICS PHARMACEUTICALS, INC. |
|--------|---------------------------------|
|   | By:                             | /s/ ANGELO W. LOVALLO, JR. |
|   |                            | Angelo W. Lovallo, Jr. |
|   |                            | Senior Executive Director, |
|   |                            | Financial Reporting and Treasurer |
|   |                            | (Principal Financial and Accounting Officer) |
#### § 34.5 Additional information.

The Commission may, in its discretion, require the filing of additional information which appears necessary to reach a determination on any particular application.
Kaa nyumbani wakati wewe 

ni mgonjwa, isipokuwa ikiwa 

unaendea kwenye matibabu.

Osha mikono yako mara kwa mara 

kwa sabuni na maji kwa angalau 

sekunde 20.

Unapokohoa au kupiga chafya, tumia tishu 

kufunika mdomo, kisha 

utupe tishu hiyo katika 

jaa la takataka.

Sasha na kuua viini kwenye vifaa 

na sakafu zinazoguswa mara kwa mara.

Epuka kushika macho, pua na mdomo.

Epuka kukaribiana sana na watu ambao ni wagonjwa.

Saidia kuzuia kusambaa kwa magonjwa ya mfumo wa upumuaji kama vile COVID-19.

KOMESHA KUENEA KWA VIINI

cdc.gov/COVID19

CS314915-O March 16, 2020 1:02 PM
### §1388. Marine mammal cooperative agreements in Alaska

#### (a) In general

The Secretary may enter into cooperative agreements with Alaska Native organizations to conserve marine mammals and provide co-management of subsistence use by Alaska Natives.

#### (b) Grants

Agreements entered into under this section may include grants to Alaska Native organizations for, among other purposes—

(1) collecting and analyzing data on marine mammal populations;

(2) monitoring the harvest of marine mammals for subsistence use;

(3) participating in marine mammal research conducted by the Federal Government, States, academic institutions, and private organizations; and

(4) developing marine mammal co-management structures with Federal and State agencies.

#### (c) Effect of jurisdiction

Nothing in this section is intended or shall be construed—

(1) as authorizing any expansion or change in the respective jurisdiction of Federal, State, or tribal governments over fish and wildlife resources; or

(2) as altering in any respect the existing political or legal status of Alaska Natives, or the governmental or jurisdictional status of Alaska Native communities or Alaska Native entities.

#### (d) Authorization of appropriations

There are authorized to be appropriated for the purposes of carrying out this section—

(1) $1,500,000 to the Secretary of Commerce for each of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999; and

(2) $1,000,000 to the Secretary of the Interior for each of the fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.

The amounts authorized to be appropriated under this subsection are in addition to the amounts authorized to be appropriated under section 1384 of this title.

(Pub. L. 92–522, title I, §119, as added Pub. L. 103–238, §19, Apr. 30, 1994, 108 Stat. 559.)