alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 777.11 Other considerations. ( a ) The development of measures proposed to mitigate impacts to wetlands or natural habitats shall include consultation with appropriate State and Federal agencies.
( b ) Federal-aid funds shall not participate in the replacement of wetlands or natural habitats absent sufficient assurances, such as, but not limited to, deed restrictions, fee ownership, permanent easement, or performance bond, that the area will be maintained as a wetland or natural habitat.
( c ) The acquisition of proprietary interests in replacement wetlands or natural habitats as a mitigation measure may be in fee simple, by easement, or by other appropriate legally recognized instrument, such as a banking instrument legally approved by the appropriate regulatory agency. The acquisition of mitigation credits in wetland or natural habitat mitigation banks shall be accomplished through a legally recognized instrument, such as permanent easement, deed restriction, or legally approved mitigation banking instrument, which provides for the protection and permanent continuation of the wetland or natural habitat nature of the mitigation.
( d ) A State DOT may acquire privately owned lands in cooperation with another public agency or third party. Such an arrangement may accomplish greater benefits than would otherwise be accomplished by the individual agency acting alone.
( e ) A State DOT may transfer the title to, or enter into an agreement with, an appropriate public natural resource management agency to manage lands acquired outside the right-of-way without requiring a credit to Federal funds. Any such transfer of title or agreement shall require the continued use of the lands for the purpose for which they were acquired. In the event the purpose is no longer served, the lands and interests therein shall immediately revert to the State DOT for proper disposition.
( f ) The reasonable costs of acquiring lands or interests therein to provide replacement lands with equivalent wetlands or natural habitat area or functional capacity associated with these areas are eligible for Federal participation.
( g ) The objective in mitigating impacts to wetlands in the Federal-aid highway program is to implement the policy of a net gain of wetlands on a program wide basis.
( h ) Certain activities to ensure the viability of compensatory mitigation wetlands or natural habitats during the period of establishment are eligible for Federal-aid participation. These include, but are not limited to, such activities as repair or adjustment of water control structures, pest control, irrigation, fencing modifications, replacement of plantings, and mitigation site monitoring. The establishment period should be specifically determined by the mitigation agreement among the mitigation planners prior to beginning any compensatory mitigation activities.
Appendix D 

Listing of Access Roads
Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Luna Gold Corp. (the "Company") on Form 10-QSB for the quarter ended September 30, 2004 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Tim Searcy, Chief Executive 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:

(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 12th day of November, 2004.

 
/s/ Tim Searcy
 
Tim Searcy 
 
Chief Executive Officer
# Official Journal L 61/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 61 |
| | |
| English edition | Legislation | Volume 6228 February 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 61

English edition

Legislation

Volume 6228 February 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2019/319 of 6 February 2019 amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annex XV to Commission Regulation (EU) No 142/2011 as regards health certification at import into the Union concerning transmissible spongiform encephalopathies (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2019/319 of 6 February 2019 amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annex XV to Commission Regulation (EU) No 142/2011 as regards health certification at import into the Union concerning transmissible spongiform encephalopathies (
  1
  )

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
monthIDzoneID hourID temperaturerelHumidity

7450910 1 73.0 81.0 7450910 2 72.0 83.0 7450910 3 71.0 84.0 7450910 4 71.0 86.0 7450910 5 70.0 87.0 7450910 6 70.0 87.0 7450910 7 73.0 83.0 7450910 8 75.0 77.0 7450910 9 79.0 69.0 7450910 10 81.0 64.0 7450910 11 83.0 60.0 7450910 12 85.0 55.0 7450910 13 86.0 52.0 7450910 14 87.0 51.0 7450910 15 87.0 50.0 7450910 16 87.0 51.0 7450910 17 86.0 53.0 7450910 18 84.0 56.0 7450910 19 81.0 62.0 7450910 20 79.0 67.0 7450910 21 77.0 71.0 7450910 22 76.0 74.0 7450910 23 74.0 78.0 7450910 24 74.0 79.0
#### § 94.23 Amount of reimbursement.

Different categories of expenses are capped, as set forth in the chart below. Those caps may be adjusted, from time to time, by rulemaking. The cap in effect within a particular expense category, at the time that the application is received, shall apply to the award.
<PAGE>

                                                                    Exhibit 31.2

                                 CERTIFICATIONS

I, Julie A. McGraw, certify that:

      1.    I have reviewed this Form 10-K/A of HMI Industries Inc.;

      2.    Based on my knowledge, this report does not contain any untrue
            statement of a material fact or omit to state a material fact
            necessary to make the statements made, in light of the circumstances
            under which such statements were made, not misleading with respect
            to the period covered by this report.

                                           /s/ Julie A. McGraw
                                           -------------------------------------
                                           Julie A. McGraw
                                           Chief Financial Officer and Treasurer
                                           January 28, 2005

                                       17
#### § 657.19 Effect of failure to certify or to enforce State laws adequately.

If a State fails to certify as required by this regulation or if the Secretary determines that a State is not adequately enforcing all State laws respecting maximum vehicle sizes and weights on the Interstate System and those routes which, prior to October 1, 1991, were designated as part of the Federal-aid primary, Federal-aid secondary or Federal-aid urban systems, notwithstanding the State's certification, the Federal-aid funds for the National Highway System apportioned to the State for the next fiscal year shall be reduced by an amount equal to 10 percent of the amount which would otherwise be apportioned to the State under 23 U.S.C. 104, and/or by the amount required pursuant to 23 U.S.C. 127.

[72 FR 7747, Feb. 20, 2007]
### §460ww–3. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the purpose of this subchapter.

(Pub. L. 100–534, title II, §204, Oct. 26, 1988, 102 Stat. 2704.)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                             118
<SECURITIES>                                         0
<RECEIVABLES>                                    3,606
<ALLOWANCES>                                       151
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,701
<PP&E>                                             810
<DEPRECIATION>                                     591
<TOTAL-ASSETS>                                   5,951
<CURRENT-LIABILITIES>                            3,714
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           117
<OTHER-SE>                                       1,418
<TOTAL-LIABILITY-AND-EQUITY>                     5,951
<SALES>                                         19,901
<TOTAL-REVENUES>                                19,901
<CGS>                                           16,572
<TOTAL-COSTS>                                   20,322
<OTHER-EXPENSES>                                  (22)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 325
<INCOME-PRETAX>                                  (724)
<INCOME-TAX>                                        21
<INCOME-CONTINUING>                              (745)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (745)
<EPS-BASIC>                                      (.23)
<EPS-DILUTED>                                    (.23)


</TABLE>
### §460w–7. Authorization of appropriations

There are authorized to be appropriated not more than $5,250,000 for the acquisition of lands and interests in lands and not more than $5,000,000 for the development of the Apostle Islands National Lakeshore. Effective October 1, 1986, there are authorized to be appropriated such additional sums as may be necessary for the acquisition of the lands described in section 460w(b) of this title.

(Pub. L. 91–424, §8, Sept. 26, 1970, 84 Stat. 881; Pub. L. 93–477, title I, §101(11), Oct. 26, 1974, 88 Stat. 1445; Pub. L. 99–497, §1(4), Oct. 17, 1986, 100 Stat. 1267.)

#### **Editorial Notes**

#### Amendments

1986—Pub. L. 99–497 inserted provision authorizing additional sums to be appropriated as necessary for acquisition of lands described in section 460w(b) of this title.

1974—Pub. L. 93–477 substituted "$5,250,000" for "$4,250,000".
### §410ccc–25. Duties of other Federal agencies

Any Federal entity conducting or supporting activities directly affecting the heritage area shall—

(1) consult with the Secretary and the Commission with respect to implementation of their proposed actions; and

(2) to the maximum extent practicable, coordinate such activities with the Commission to minimize potential impacts on the resources of the heritage area.

(Pub. L. 103–449, title IV, §405, Nov. 2, 1994, 108 Stat. 4764.)
#### § 230.307 Policy.

Every employee and representative of State highway agencies shall perform all official equal employment opportunity actions in an affirmative manner, and in full accord with applicable statutes, executive orders, regulations, and policies enunciated thereunder, to assure the equality of employment opportunity, without regard to race, color, religion, sex, or national origin both in its own work force and in the work forces of contractors, subcontractors, and material suppliers engaged in the performance of Federal-aid highway construction contracts.
| 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  |

----

----

SIGNATURES
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

ADMINISTRATIVE PROCEEDINGS RULINGS

Release No. 6873/September 23, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-20531

In the Matter of :

:

HORTER INVESTMENT MANAGEMENT, LLC, : ORDER

and DREW K. HORTER :

The Securities and Exchange Commission instituted this proceeding with an Order 

Instituting Proceedings, pursuant to Sections 203(e), 203(f), and 203(k) of the Investment Advisers 

Act of 1940, on September 8, 2021. 

The parties have jointly requested a Stay Pending Commission Consideration of Offer of 

Settlement, stating that they signed an Offer of Settlement, dated September 22, 2022, whereby they 

agreed to continued proceedings to determine what, if any, civil penalties are appropriate and in the 

public interest under Advisers Act Section 203(i); and what, if any other, remedial actions are 

appropriate and in the public interest under Advisers Act Sections 203(e) and 203(f). Accordingly, 

the proceeding, including all procedural dates, will be stayed, contingent upon compliance with 17 

C.F.R. § 201.161(c)(2). 

IT IS SO ORDERED. 

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6329

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DANNY BRUCE GARRETT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. Malcolm J. Howard,

District Judge. (CR-93-17-H, CA-96-49-H)

Submitted: May 29, 1997 Decided: June 10, 1997

Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Danny Bruce Garrett, Appellant Pro Se. Bruce Charles Johnson,

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Garrett, Nos. CR-93-17-H; CA-96-49-H

(E.D.N.C. Jan. 16, 1997). We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
Protect the Circle of Life

Your Flu Vaccine Protects Me

My Flu Vaccine Protects You
Anyone can get the flu. 

Even you.

Native people are at high risk for serious flu 

complications. In fact, pneumonia and flu are

a leading cause of death among Native elders.

But there is something you can do to 

prevent the spread of flu.

Please get a flu vaccine each year. 

• 

• 

• 

Protect yourself

Protect your family and children

Protect your community

The flu vaccine is safe. 

You can’t get the flu from a flu vaccine.

Check with your local Public Health Nurse (PHN), Community Health 

Representative (CHR) or Community Health Aide (CHA) for more information.

Together, let’s protect the circle of life. Call 1-800-CDC-INFO.
#### § 800.2 Mission.

CSOSA's mission is to increase public safety, prevent crime, reduce recidivism, and support the fair administration of justice in close collaboration with the community.
§ 505.11 Project evaluation and rating. ( a ) The Secretary shall evaluate and rate each proposed project as “highly recommended,” “recommended,” or “not recommended” based on the criteria in section 505.9 of this part. Individual ratings of “highly recommended,” “recommended,” or “not recommended” will be conducted for each of the selection criteria.
( b ) In response to a PNRS project solicitation a State may submit a project for a non-binding preliminary rating and evaluation at any point in the project development after the project's concept plan is developed.
( c ) Non-binding preliminary rating and evaluation will be reported in the appendix of the Secretary's Annual Report on PNRS.
( d ) A rating and evaluation will be considered complete and listed in the Secretary's Annual Report on PNRS only after preliminary engineering is completed.
( e ) The rating and evaluation for a proposed project will remain valid until the closing date of the next PNRS solicitation.
### §410ww–24. Staff of Commission

#### (a) Director

The Commission shall have a Director who shall be appointed by the Commission.

#### (b) Additional personnel

The Commission may appoint and fix the pay of such additional personnel as the Commission deems necessary. Such staff may include specialists in areas such as interpretation, historic preservation, black history and literature, aviation history and technology, and urban revitalization.

#### (c) Temporary services

Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates determined by the Commission to be reasonable.

#### (d) Detail

Upon request of the Commission, the head of any Federal agency represented by a member on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter.

#### (e) Administrative support

The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.

#### (f) State and local services

The Commission may accept the services of personnel detailed from the State or any political subdivision of the State and may reimburse the State or such political subdivision for such services.

#### (g) Inapplicability of certain provisions of title 5

The director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS–15 of the General Schedule.

(Pub. L. 102–419, title II, §204, Oct. 16, 1992, 106 Stat. 2147.)

#### **Editorial Notes**

#### References in Text

Grade GS–15 of the General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5, Government Organization and Employees.
<PAGE>   1
                                                                 EXHIBIT 10.16.2

                     WESTCORP EMPLOYEE STOCK OWNERSHIP PLAN
                            AND SALARY SAVINGS PLAN
                               2ND PLAN AMENDMENT

     This Westcorp Employee Stock Ownership Plan and Salary Savings Plan is
hereby amended effective January 1, 1999 unless otherwise provided:

Section 3.1

     Section 3.1 shall be amended effective July 1, 1999 to read as follows:

     (a) Every Employee of the Company shall become eligible to participate in
the Plan as of the Entry Date following the later of

          (i) the attainment of age twenty-one (21) and

          (ii) the completion of 6 consecutive months of employment during which
          the Employee completes at least five hundred (500) Hours of Service.
          Notwithstanding the requirement of five hundred Hours of Service, any
          Employee who completes a Year of Service shall be eligible to
          participate in the Plan.

Section 6.2

     Section 6.2(b) shall be amended to read as follows:

     The amount of Employer matching contribution to be allocated to an
eligible Participant's Employer Matching Contribution Account for a Plan
Year shall be

          (i) 100% of up to the first $500 of Participant Salary Savings
          contributions for a Plan Year and

          (ii) 50% of Participant Salary Savings Contributions for a Plan Year
          in excess of the first $500 and up to a maximum 6% of Compensation.

Section 6.3

     Section 6.3 shall be amended by addition of subsection (d) to read as
follows:

     (d) Notwithstanding the provisions of Section 6.3(b) above, should the
Company elect to make ESOP Contributions other
<PAGE>   2
than at the end of the Plan Year, such ESOP Contribution(s) shall be allocated
to the ESOP Contribution Account of Participants (as defined in Section 2.47)
and who are Employees (as defined in Section 2.22) as of the date of such
Contribution.

Section 8.4

          Section 8.4 is hereby amended by changing the reference to
"thirty-five hundred dollars ($3,500)" to "five thousand dollars ($5,000) ..."

Section 9.4

          Section 9.4 is hereby amended by changing the reference to
"thirty-five hundred dollars ($3,500)" to "five thousand dollars ($5,000) ..."

Section 18.4

          Section 18.4 shall be added as follows effective December 12, 1994:

          18.4 USERRA

          Notwithstanding any provision of this Plan to the contrary,
          contributions, benefits and service credit with respect to qualified
          military service will be provided in accordance with Code Section
          414(u). Loan repayments will be suspended under this Plan as permitted
          under Code Section 414(u)(4).

     IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year above.

Dated: __________                       WESTCORP


                                        By:__________________________



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