alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ABS-1 

Final Supplement to the Montana Statewide Oil and Gas 

Environmental Impact Statement and Proposed 

Amendment of the Powder River and Billings Resource 

Management Plans 

Lead Agency: U.S. Department of the Interior, Bureau of Land Management (BLM) 

Type of Action: Administrative 

Jurisdiction (Planning Area): the planning area is BLM-administered lands and minerals in the Powder River 

Resource Management Plan (RMP) (Powder River, Carter, and Treasure counties and portions of Big Horn, Custer 

and Rosebud counties) and the Billings RMP (Carbon, Golden Valley, Musselshell, Stillwater, Sweet Grass, 

Wheatland, and Yellowstone counties and the remaining portion of Big Horn County). The planning area contains 

about 1,506,011 acres of federally managed surface, and 5,009,784 acres of federal mineral estate. 

Abstract: As a result of lawsuits filed against the BLM’s Record of Decision (ROD), the U.S. District Court issued 

orders, dated February 25, 2005, and April 5, 2005, that required the BLM to prepare a Supplemental Environmental 

Impact Statement (SEIS) to evaluate a phased development alternative for coal bed natural gas (CBNG) production. 

The U.S. District Court also issued an order, dated February 25, 2005, advising the BLM to include the proposed 

Tongue River Railroad in the cumulative impact analysis and analyze the effectiveness of water well mitigation 

agreements. 

The Final SEIS (FSEIS) is a reissue of the original EIS/Amendment: Montana Statewide Oil and Gas 

Environmental Impact Statement and Amendment of the Powder River and Billings Resource Management Plans 

(Statewide Document). This SEIS provides additional information and analyses regarding the topics identified by 

the U.S. District Court. It is intended to expand on the information presented in the Statewide Document. 

The FSEIS analyzes three phased development alternatives (F, G, and H) for managing oil and gas resources in the 

planning area. As a result, the BLM selected a new preferred alternative (H). This alternative would amend the 

Resource Management Plans and allow coal bed natural gas (CBNG) exploration and development while 

minimizing impacts on environmental resources.
<PAGE>

                                   Exhibit 10.57

                                  FIRST AMENDMENT TO
                                 AMENDED AND RESTATED
                                 EMPLOYMENT AGREEMENT


THIS FIRST AMENDMENT ("Amendment") to that Amended and Restated Employment
Agreement dated August 28, 1998 ("Agreement") is entered into between SierraWest
Bank, a California banking corporation ("SierraWest") and William T. Fike
("Fike") as of January 8, 1999.

NOW THEREFORE, the parties hereto agree as follows:

       1.     The Agreement is hereby amended to add a new Section 2.6 as
              follows:

2.6    SECTION 280G CUTBACK PROVISION.    Notwithstanding any other provision of
this Agreement, if any payment to be made or benefit to be provided to Fike
pursuant to this Agreement, after taking into account all other payments or
benefits provided by SierraWest to Fike, would constitute a "parachute payment"
as defined in Section 280G of the Internal Revenue Code of 1986, as amended (the
"Code"), then the payments to be made or benefits to be provided to Fike shall
be reduced so that the Aggregate present value of all parachute payments does
not exceed 299% of Fike's "annualized includible compensation for the base
period" (as such term is defined in Section 280G(d)(1) of the Code).  The
determination of any reduction in the payments or benefits to be provided to
Fike shall be made by SierraWest and any dispute with respect thereto shall be
resolved in accordance with Section 4.7 of this Agreement.

       2.     All other terms and conditions of the Agreement shall remain in
              full force and effect.

       3.     This Amendment may be executed in one or more counterparts, each
              of which shall be deemed to be an original but all of which
              together will constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as
of October 1, 1994.

SIERRAWEST BANK, a California banking corporation

By:    /s/ Jerrold T. Henley       Date:  1/8/99
       ---------------------
       Jerrold T. Henley                         
       Chairman of the Board

       /s/ William T. Fike         Date:  1/8/99
       -------------------
       William T. Fike


                                      3
§ 642.30 What are allowable costs? Allowable project costs may include the following costs reasonably related to carrying out a Training Program project: ( a ) Rental of space, if space is not available at a sponsoring institution and if the space is not owned by a sponsoring institution.
( b ) Printing.
( c ) Postage.
( d ) Purchase or rental of equipment.
( e ) Consumable supplies.
( f ) Transportation costs for participants and training staff.
( g ) Lodging and subsistence costs for participants and training staff.
( h ) Transportation costs, lodging and subsistence costs and fees for consultants, if any.
( i ) Honorariums for speakers who are not members of the staff or consultants to the project.
( j ) Other costs that are specifically approved in advance and in writing by the Secretary.
(Authority: 20 U.S.C. 1070a-11 and 1070a-17)
[47 FR 17788, Apr. 23, 1982. Redesignated and amended at 75 FR 65774, Oct. 26, 2010]
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to

18 U.S.C. Section 1350,

As
Adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

I, Brent M. Cook, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
my knowledge, the Quarterly Report of Raser Technologies, Inc. on Form 10-Q for the quarterly period ended March 31, 2009 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Raser Technologies, Inc.



|                   |  |  |  |                              
|------------------ |  |  |  | -----------------------------
|Date: May 11, 2009 |  |  |  | /s/ BRENT M. COOK            
|                   |  |  |  | Brent M. Cook                
|                   |  |  |  | Chief Executive Officer      
|                   |  |  |  | (Principal Executive Officer)

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to

18 U.S.C.
Section 1350,

As Adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

I, Martin F. Petersen, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Quarterly Report of Raser Technologies, Inc. on Form 10-Q for the quarterly period ended March 31, 2009 (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of Raser Technologies, Inc.



|                   |  |  |  |                                             
|------------------ |  |  |  | --------------------------------------------
|Date: May 11, 2009 |  |  |  | /s/ MARTIN F. PETERSEN                      
|                   |  |  |  | Martin F. Petersen                          
|                   |  |  |  | Chief Financial Officer                     
|                   |  |  |  | (Principal Financial and Accounting Officer)

A signed original of each of the written statements above required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Raser Technologies, Inc. and will be retained by Raser Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

The forgoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Form 10-Q and shall not be considered filed
as part of the Form 10-Q.
Electrical Conductivity, UMHOS

Day High Low Mean 14 DAY ACCUM MEAN 14 DAY AVG MEAN

1 6,456 884 3,405 37,485 2,678

2 6,912 723 3,484 38,560 2,754

3 6,405 735 3,548 40,032 2,859

4 5,944 507 2,975 40,659 2,904

5 5,842 481 2,958 41,511 2,965

6 4,700 500 2,593 42,291 3,021

7 4,356 642 2,179 42,695 3,050

8 4,741 695 2,017 42,679 3,049

9 4,823 685 1,927 41,559 2,969

10 4,799 568 1,903 40,131 2,867

11 5,774 592 2,372 39,285 2,806

12 7,200 761 3,105 39,023 2,787

13 7,769 661 3,327 39,032 2,788

14 7,392 588 3,149 38,942 2,782

15 7,726 706 3,471 39,008 2,786

16 6,748 807 3,729 39,253 2,804

17 7,514 888 4,107 39,812 2,844

18 5,795 644 3,051 39,888 2,849

19 5,019 553 2,472 39,402 2,814

20 4,090 527 2,006 38,815 2,773

21 4,251 636 2,000 38,636 2,760

22 4,439 833 2,367 38,986 2,785

23 5,986 889 3,035 40,094 2,864

24 7,264 822 3,465 41,656 2,975

25 7,800 644 3,814 43,098 3,078

26 8,313 896 3,789 43,782 3,127

27 7,723 739 3,549 44,004 3,143

28 7,384 516 3,224 44,079 3,149

29 6,893 551 3,040 43,648 3,118

30 6,996 623 2,938 42,857 3,061

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Emmaton Bottom On The Sacramento River

Period: June 2022 Run Date: 11/22/2022
#### § 21.11 Effect of judicial review of adversary adjudication.

If a court reviews the underlying decision of an adversary adjudication covered under this part, an award of fees and other expenses may be made only under 28 U.S.C. 2412 (awards in certain judicial proceedings).

(Authority: 5 U.S.C. 504(c)(1); 28 U.S.C. 2412(d)(3))
#### § 19.184 Scale tank minimum graduations.

(a) The beams or dials on scale tanks used for tax determination must have minimum graduations not greater than the following:

| Quantity to be weighed | Minimum graduation |
| --- | --- |
| Not exceeding 2,000 pounds | 1/2 pound |
| Between 2,000 and 6,000 pounds | 1 pound |
| Between 6,000 and 20,000 pounds | 2 pounds |
| Between 20,000 and 50,000 pounds | 5 pounds |
| Over 50,000 pounds | 10 pounds |

(b) For scales having a capacity greater than 2,000 pounds, the minimum quantity which may be entered onto the weighing tank scale for gauging for tax determination will be the greater of:

(1) 1,000 times the minimum graduation of the scale, or

(2) 5 percent of the total capacity of the weighing tank scale.

(c) The weighing of lesser quantities for determination of tax may be authorized by the appropriate TTB officer where the beam of the scale is calibrated in 1⁄2 pound or 1 pound graduations and it is found by actual test that the scales are accurate at each graduation.

(d) Lots of spirits weighing 1,000 pounds or less shall be weighed on scales having 1⁄2 pound graduations.

(26 U.S.C. 5006, 5204, 5505)
#### Ernest D. Anderson, Appellant, v. Richard Weber and Another, Respondents.

Order affirmed, with costs. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.
(No. 73-CC-362

#### Brigance Chevrolet Sales, Inc., Claimant, *vs.*State of Illinois, Department of Business and Economic Development, Respondent.

*Opinions filed August 6, 1973.*

Brigance Chevrolet Sales, Inc., Claimant, pro se.

William J. Scott, Attorney General; Saul R. Wexler, Assistant Attorney General, for Respondent.

Per Curiam.
(No. 74-CC-261

#### Kankakee Industrial Supply Co., Inc., Claimant, *vs.*State of Illinois, Environmental Protection Agency, Respondent.

*Opinion filed February 14, 1974.*

Kankakee Industrial Supply Co., Inc., Claimant, pro se.

William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.

Per Curiam.
#### EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant, v. DARR, et al, Respondents.

(266 N. W. 721.)

(File No. 7847.

Opinion filed April 16, 1936.)

*356
      *Boyce, Warren & Baifbank,*of Sioux Falls, for Appellant.

*Claude A. Hamilton,*of Sioux Falls, for Respondents.

PER 'CURIAM.

This action was brought for the purpose of reforming a life insurance .policy; the plaintiff contending that the policy involved is not the kind of a policy defendant applied for or that plaintiff intended to sell. The policy was issued' in 1925, and the annual premiums were paid by the policyholder up to the commencement of this action in 1933. The trial court entered judgment for the defendant.

We have examined the record carefully, and, after such examination, are of the opinion that the trial court reached the correct result.

The judgment and order appealed from are affirmed.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 2,911

 3,088

 2,438

 2,347

 1,816

 1,341

 1,082

 1,033

 904

 785

 716

 720

 1,004

 1,062

 959

 1,041

 1,038

 1,096

 1,100

 691

 508

 540

 493

 393

 805

 571

 1,345

 1,837

 2,450

 2,084

 1,848

 239

 220

 265

 275

 216

 256

 213

 201

 193

 165

 177

 188

 189

 188

 163

 207

 226

 210

 203

 187

 187

 192

 177

 165

 160

 175

 179

 215

 234

 205

 260

 877

 796

 767

 722

 638

 524

 465

 346

 277

 245

 239

 280

 317

 319

 324

 367

 386

 380

 356

 306

 271

 277

 231

 212

 213

 224

 323

 484

 594

 601

 615

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2004 WATER QUALITY REPORT RUN DATE: August 12, 2004

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 10,460

 9,953

 9,507

 9,142

 8,875

 8,670

 8,553

 8,444

 8,346

 8,189

 8,043

 7,893

 7,401

 6,812

 6,259

 5,830

 5,449

 5,107

 4,825

 4,607

 4,413

 4,344

 4,298

 4,265

 4,239

 4,183

 4,189

 4,354

 4,624

 4,858

 5,087

 747

 711

 679

 653

 634

 619

 611

 603

 596

 585

 575

 564

 529

 487

 447

 416

 389

 365

 345

 329

 315

 310

 307

 305

 303

 299

 299

 311

 330

 347

 363

Comments:

0 reading indicates that the station was out of service.

EMMATON TOP ON THE SACRAMENTO RIVER
#### Henry P. Hatch and Arthur M. Hatch, Respondents, v. Otto C. Heinze and Others, Appellants.

Judgment and order affirmed, with costs. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Hotchkiss, JJ.
§ 694.12 Under what conditions do State and Partnership GEAR UP grantees make section 404E scholarship awards? ( a ) ( 1 ) *State Grantees.* All State grantees must establish or maintain a financial assistance program that awards section 404E scholarships to students in accordance with the requirements of § 694.13 or § 694.14, as applicable.
( 2 ) *Partnership Grantees.* Partnerships may, but are not required, to award scholarships to eligible students. If a Partnership awards scholarships to eligible students pursuant to section 404E of the HEA, it must comply with the requirements of § 694.13 or § 694.14, as applicable.
( b ) ( 1 ) *Section 404E scholarship awards for grantees whose initial GEAR UP grant awards were made prior to August 14, 2008.* A State or Partnership grantee making section 404E scholarship awards using funds from GEAR UP grant awards that were made prior to August 14, 2008, must provide such scholarship awards in accordance with the requirements of § 694.13 unless it elects to provide the scholarships in accordance with the requirements of § 694.14 pursuant to paragraph (b)(2) of this section.
( 2 ) *Election to use § 694.14 requirements.* A State or Partnership grantee making section 404E scholarship awards using funds from GEAR UP grant awards that were made prior to August 14, 2008, may provide such scholarship awards in accordance with the requirements of § 694.14 (rather than the requirements of § 694.13) provided that the grantee— ( i ) Informs the Secretary, in writing, of its election to make the section 404E scholarship awards in accordance with the requirements of § 694.14; and
( ii ) Such election does not decrease the amount of the scholarship promised to any individual student under the grant.
( c ) *Section 404E scholarship awards for grantees whose initial GEAR UP grant awards were made on or after August 14, 2008.* A State or Partnership grantee making section 404E scholarship awards using funds from GEAR UP grant awards that were made on or after August 14, 2008, must provide such scholarship awards in accordance with the requirements of § 694.14.
(Authority: 20 U.S.C. 1070a-25)
[75 FR 65799, Oct. 26, 2010]
#### § 5.30 Fees generally.

The Department assesses fees for processing FOIA requests in accordance with § 5.32(a), except where fees are limited under § 5.32(b) or where a waiver or reduction of fees is granted under § 5.33. Requesters must pay fees by check or money order made payable to the U.S. Department of Education, and must include the FOIA request number on the check or money order. The Department retains full discretion to limit or adjust fees.

(Authority: 5 U.S.C. 552(a), 5 U.S.C. 552(a)(4)(A), 20 U.S.C. 3474)
#### § 75.231 Additional information.

After selecting an application for funding, the Secretary may require the applicant to submit additional information.

(Authority: 20 U.S.C. 1221e-3 and 3474)
Note: Shaded area not verified with CDFW data

Delta Smelt Splittail Longfin Pumping

Daily Total Daily Total

Daily Combined Daily Combined Daily In CFS In Acre Feet

Total Daily 14-Day Total Daily 14-Day Total

SWP Larval 

Yor N CVP Larval Yor N Total Average SWP CVP Total Average SWP Larval Yor N CVP Larval Yor N

1-Dec-19 0 0 0 0 0 0 0 0 0 0 5,550 1,826 7,376 11,009 3,621 14,630 0.0 0.0

2-Dec-19 0 0 0 0 0 0 0 0 0 0 5,461 3,423 8,884 10,832 6,789 17,621 0.0 0.0

3-Dec-19 0 0 0 0 0 8 8 1 0 0 5,913 3,416 9,328 11,728 6,775 18,503 0.0 0.0

4-Dec-19 0 0 0 0 0 0 0 1 0 0 6,217 3,466 9,683 12,332 6,875 19,207 0.0 0.0

5-Dec-19 0 0 0 0 0 0 0 1 0 0 7,228 3,461 10,689 14,336 6,865 21,201 0.0 0.0

6-Dec-19 0 0 0 0 0 0 0 1 0 0 6,478 3,474 9,952 12,849 6,890 19,739 0.0 0.0

7-Dec-19 0 0 0 0 0 0 0 1 0 0 6,445 3,499 9,944 12,784 6,940 19,724 0.0 0.0

8-Dec-19 0 0 0 0 0 0 0 1 0 0 7,118 3,504 10,622 14,119 6,950 21,069 0.0 0.0

9-Dec-19 0 0 0 0 0 0 0 1 0 0 6,674 3,490 10,164 13,238 6,922 20,160 0.0 0.0

10-Dec-19 0 0 0 0 0 0 0 1 0 0 6,357 3,490 9,847 12,609 6,923 19,532 0.0 0.0

11-Dec-19 0 0 0 0 0 0 0 1 0 0 5,953 3,500 9,453 11,808 6,942 18,750 0.0 0.0

12-Dec-19 0 0 0 0 0 0 0 1 0 0 5,984 3,486 9,470 11,869 6,915 18,784 0.0 0.0

13-Dec-19 0 0 0 0 0 0 0 1 0 0 6,637 3,740 10,378 13,165 7,419 20,584 0.0 0.0

14-Dec-19 0 0 0 0 0 0 0 1 0 0 7,680 4,065 11,745 15,234 8,062 23,296 0.0 0.0

15-Dec-19 0 0 0 0 0 4 4 1 0 0 7,670 4,097 11,768 15,214 8,127 23,341 0.0 0.0

16-Dec-19 0 0 0 0 0 0 0 1 0 0 6,919 4,101 11,020 13,724 8,134 21,858 0.0 0.0

17-Dec-19 0 0 0 0 0 0 0 0 0 0 7,077 4,027 11,104 14,037 7,988 22,025 0.0 0.0

18-Dec-19 0 0 0 0 0 0 0 0 0 0 6,921 3,993 10,914 13,727 7,921 21,648 0.0 0.0

19-Dec-19 0 0 0 0 0 0 0 0 0 0 7,680 3,380 11,061 15,234 6,705 21,939 0.0 0.0

20-Dec-19 0 0 0 0 0 0 0 0 0 0 7,066 4,026 11,093 14,016 7,986 22,002 0.0 0.0

21-Dec-19 0 0 0 0 0 0 0 0 0 0 7,634 3,330 10,964 15,142 6,605 21,747 0.0 0.0

22-Dec-19 0 0 0 0 0 0 0 0 0 0 6,930 3,796 10,726 13,746 7,529 21,275 0.0 0.0

23-Dec-19 0 0 0 0 0 0 0 0 0 0 6,671 3,670 10,341 13,232 7,279 20,511 0.0 0.0

24-Dec-19 0 0 0 0 0 0 0 0 0 0 7,088 4,156 11,244 14,059 8,244 22,303 0.0 0.0

25-Dec-19 0 0 0 0 12 0 12 1 0 0 7,580 3,156 10,735 15,034 6,259 21,293 0.0 0.0

26-Dec-19 0 0 0 0 0 0 0 1 0 0 7,095 3,439 10,534 14,072 6,822 20,894 0.0 0.0

27-Dec-19 0 0 0 0 0 0 0 1 0 0 7,099 3,481 10,580 14,081 6,904 20,985 0.0 0.0

28-Dec-19 0 0 0 0 0 0 0 1 0 0 7,698 3,478 11,175 15,268 6,898 22,166 0.0 0.0

29-Dec-19 0 0 0 0 0 0 0 1 0 0 7,353 3,476 10,829 14,585 6,894 21,479 0.0 0.0

30-Dec-19 0 0 0 0 0 0 0 1 0 0 6,757 3,471 10,228 13,403 6,884 20,287 0.0 0.0

31-Dec-19 0 0 0 0 0 0 0 1 0 0 7,325 3,738 11,063 14,529 7,414 21,943 0.0 0.0

Total 0 0 0 XXXX 12 12 24 XXXX 0 0 212,259 110,653 322,912 421,015 219,481 640,496 XXXX XXXX

Official data is posted on CDFW's webpage.

Banks Tracy Combined Banks SWP CVP

CENTRAL VALLEY OPERATIONS OFFICE

DELTA SMELT, SPLITTAIL and LONGFIN REPORT

DECEMBER 2019

DATE

Delta Smelt Daily 

Density

Tracy Combined
EXHIBIT 32.1

                           SECTION 1350 CERTIFICATION

         In connection with the quarterly report of Spare Backup, Inc., (the
"Company") on Form 10-Q for the period ended June 30, 2009 as filed with the
Securities and Exchange Commission (the "Report"), I, Cery B. Perle, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. SS. 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 result of operations of the
Company.


August 19, 2009                     /s/ Cery B. Perle
                                    -----------------
                                    Cery B. Perle
                                    Chief Executive Officer
                                    (Principal financial and accounting officer)


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.
§ 82.200 Agency and legislative liaison. ( a ) The prohibition on the use of appropriated funds, in § 82.100(a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
( b ) For purposes of paragraph (a) of this section, providing any information specifically requested by an agency or Congress is allowable at any time.
( c ) For purposes of paragraph (a) of this section, the following agency and legislative liaison activities are allowable at any time only where they are not related to a specific solicitation for any covered Federal action: ( 1 ) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and,
( 2 ) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
( d ) For purposes of paragraph (a) of this section, the following agencies and legislative liaison activities are allowable only where they are prior to formal solicitation of any covered Federal action: ( 1 ) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
( 2 ) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and,
( 3 ) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507 and other subsequent amendments.
( e ) Only those activities expressly authorized by this section are allowable under this section.
#### Cooper Company, Respondent, v. Bernard Naumburg, Appellant, Impleaded with Another, Defendant.

Order of the County Court of Bangs county reversed, with ten dollars costs and disbursements, solely upon the ground that defendant was entitled to be heard upon the application. *(Cooper Co.*v. *Naumburg,*154 App. Div. 225.) Jenks, P. J., Burr, Thomas, Rich and Stapleton, JJ,, concurred.