alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §5369. Facilitation

#### (a) In general

Except as otherwise provided by law (including section 101(a) of the PROGRESS for Indian Tribes Act), the Secretary shall interpret each Federal law and regulation in a manner that facilitates—

(1) the inclusion of programs in funding agreements; and

(2) the implementation of funding agreements.

#### (b) Regulation waiver

#### (1) Request

An Indian Tribe may submit to the Secretary a written request for a waiver of applicability of a Federal regulation, including—

(A) an identification of the specific text in the regulation sought to be waived; and

(B) the basis for the request.

#### (2) Determination by the secretary

Not later than 120 days after receipt by the Secretary and the designated officials under paragraph (4) of a request under paragraph (1), the Secretary shall approve or deny the requested waiver in writing to the Indian Tribe.

#### (3) Extensions

The deadline described in paragraph (2) may be extended for any length of time, as agreed upon by both the Indian Tribe and the Secretary.

#### (4) Designated officials

The Secretary shall designate one or more appropriate officials in the Department to receive a copy of the waiver request described in paragraph (1).

#### (5) Grounds for denial

The Secretary may deny a request under paragraph (1) upon a specific finding by the Secretary that the identified text in the regulation may not be waived because such a waiver is prohibited by Federal law.

#### (6) Failure to make determination

If the Secretary fails to make a determination with respect to a waiver request within the period specified in paragraph (2) (including any extension agreed to under paragraph (3)), the Secretary shall be deemed to have agreed to the request, except that for a waiver request relating to programs eligible under section 5363(b)(2) or section 5363(c) of this title, the Secretary shall be deemed to have denied the request.

#### (7) Finality

A decision of the Secretary under this section shall be final for the Department.

(Pub. L. 93–638, title IV, §409, as added Pub. L. 116–180, title I, §101(e), Oct. 21, 2020, 134 Stat. 874.)

#### **Editorial Notes**

#### References in Text

Section 101(a) of the PROGRESS for Indian Tribes Act, referred to in subsec. (a), is section 101(a) of Pub. L. 116–180, which is set out as a note under section 5361 of this title.
(No. 886

Claim denied.)

#### Western Newspaper Union, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed March 10, 1927.*

Franchise *tax*— tohen *court without jurisdiction to refund.*This case is controlled by the decision of the court in *Moline Plow Co.*v. *State, supra.*

Tenney, Harding, Sherman & Rogers, for claimant.

Oscar E. Carlstrom, Attorney General ; Edward C. Fitch, Assistant Attorney General, for respondent.

Mr. Chief Justice Clarity

delivered the opinion of the court:

For the reasons set forth in the opinion filed in this court in the case of *Moline Plow Company*v. *State of Illinois,*No. 687a, this claim is disallowed.
[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Rules and Regulations]
[Page 59139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22231]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 111


General Information on Postal Service

AGENCY: Postal Service.

ACTION: Final Rule.

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

SUMMARY: This rule amends the Postal Service regulations to reflect 
current information regarding the publication and availability of the 
Domestic Mail Manual (DMM).

DATES: Effective Date: This final rule is effective on October 4, 2004.

FOR FURTHER INFORMATION CONTACT: Sherry L. Freda, (202) 268-7259.

SUPPLEMENTARY INFORMATION: This rule amends 39 CFR part 111 to conform 
to the yearly publication schedule of the Domestic Mail Manual, and to 
reflect the publication and availability of the DMM to all users on the 
Internet at http://pe.usps.gov. The table of contents of the DMM 
previously set forth in Sec.  111.5 is removed as superfluous.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure.


0
In view of the considerations discussed above, the Postal Service 
hereby amends 39 CFR part 111 as follows:
0
1. The authority citation for part 111 continues to read as follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 414, 416, 
3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.


Sec.  111.1  [Amended]

0
2. Amend Sec.  111.1 by removing the words ``published twice each year 
in January and July, unless otherwise determined by the Postal 
Service'' and adding the words ``published and maintained by the Postal 
Service'' in their place.


Sec.  111.2  [Amended]

0
3. Amend Sec.  111.2--
0
A. In paragraph (a) by adding at the end the following sentence: ``The 
Domestic Mail Manual is available for examination on the Internet at 
http://pe.usps.gov.''; and
0
B. In paragraph (c) by removing the words ``A 1-year subscription to 
the Domestic Mail Manual for two consecutive issues'' and adding the 
words ``Subscriptions to the Domestic Mail Manual'' in their place.


Sec.  111.5  [Removed and reserved]

0
4. Remove and reserve Sec.  111.5.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 04-22231 Filed 10-1-04; 8:45 am]
BILLING CODE 7710-12-P
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                            1496
<SECURITIES>                                         0
<RECEIVABLES>                                        6
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  1684
<PP&E>                                            8830
<DEPRECIATION>                                    3806
<TOTAL-ASSETS>                                    6730
<CURRENT-LIABILITIES>                              173
<BONDS>                                           5076
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        1481
<TOTAL-LIABILITY-AND-EQUITY>                      6730
<SALES>                                              0
<TOTAL-REVENUES>                                   680
<CGS>                                                0
<TOTAL-COSTS>                                      698
<OTHER-EXPENSES>                                   257
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 219
<INCOME-PRETAX>                                  (494)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (494)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (494)
<EPS-PRIMARY>                                   (7.26)
<EPS-DILUTED>                                   (7.26)
        

</TABLE>
NO. 07-06-0349-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL A SEPTEMBER 28, 2006

______________________________ ALEX MARTINEZ FLORES, APPELLANT

V. THE STATE OF TEXAS, A PPELLEE

_________________________________ FROM THE 364 TH DISTRIC T COURT O F LUBBOCK COUNTY; NO. 2005-409,540; HONORABLE BR ADLEY UND ERWOOD, JUDGE

_______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ. ON ABA TEMENT AND REMAND Appellant

Alex Mar

tinez Fl ores appeals hi s convic tion for the offense of

possession of a controlled substance in an am ount more than f our grams but less than 200 grams and his punishment of 30 years co nfinement in the Insti tutional Div ision of the Texa s Department of Cri minal Justice. Appellant

has failed to file an adequate docketing statement as required und er Rule 32.2 of the Texas Rules of Appellate Procedu re. Instead, appellant ha s notified this court of his intenti on to seek a cour t appointed attorney. However, the tria l court clerk’s office2

ha s no r ecor d of a ppel lant ’s r

equ est for acour

t app ointed at

tor ney as of S eptember 15 , 2006. We now abate thi s cause and remand it to the 364 th District Court of Lubbock Coun ty. It is ordere d that t he judge of said court convene a hearing, after due no tice to all parties, to determine: 1) whether appel lant desiresto prosecute t his appeal; 2) whether appellant has retained co unsel; or 3) if appellant is not represented by retained counsel, w hether appellant is indigent and, therefore, is e nti tled to appointed counsel and a record of the trial court pr oceedings free of charge. We further direc

t the trial court to iss ue findings of fact and conc l usions of law addressing the foregoing subjects. S hould the trial court find that appel lant desiresto pursue his appeal, i s not represen ted by counsel and is indig ent, we then fur ther direct the courtto 1) appoint counsel to assi st in the pros ecution of the appeal, and 2) issu e an order requiri ng the preparati on of a clerk'srec ord in ac cordance w ith Rule 34.5 of the Texas Rules of Appellate Procedure. The n ame, address, phone number, fax number, and state bar number of any counsel who is appointed to represent app ellant on appeal must also be included in t he court's findi ngs of fact a nd conclus ions of law. Furthermore , the trial courtshall also cause to be developed 1) a supp lemental clerk's record co n taining the findin gs of fact and conclusi ons of law and al l orders of

the trial court issued as a result of3

its hearing on this matter and 2) a reporter's r ecord t ranscribi ng the evi dence and argumentspresented at the aforementioned he aring . Additionally, the trial court shall cause the supplemental c lerk's record to be filed with the clerk of this court on or be fore November

3, 2006. Should ad ditio nal time be needed toperform these task s, the trial court may r

equest same on or

before November

3, 2006. It is so or

dered.

Per Curiam

Do not publish
.
#### § 3515.10 May I exchange my lease or lease right for another mineral lease or lease right?

Yes. BLM may determine that operations on your lease or lands for which you have a preference right to a lease are not in the public interest. If you or BLM identify other lands for exchange, you may relinquish your current lease or preference right in exchange for a mineral lease of other lands of equal value.
#### § 3714.2 Waiver of rights by mining claimants.

Section 6 of the Act provides as follows:

The owner or owners of any unpatented mining claim heretofore located may waive and relinquish all rights thereunder which are contrary to or in conflict with the limitations or restrictions specified in section 4 of this Act as to hereafter located unpatented mining claims. The execution and acknowledgement of such a waiver and relinquishment by such owner or owners and the recordation thereof in the office where the notice or certificate of location of such mining claim is of record shall render such mining claim thereafter and prior to issuance of patent subject to the limitations and restrictions in section 4 of this Act in all respects as if said mining claim had been located after enactment of this act, but no such waiver or relinquishment shall be deemed in any manner to constitute any concession as to the date of priority of rights under said mining claim or as to the validity thereof.
#### § 3504.15 How does BLM determine my rent?

We set your rent by multiplying the number of acres in your lease or permit by the rental rates shown below. The rates differ for different commodities and some rates increase over time. You must pay rent each year. We round up any fractional acreage to the next highest acre. If you do not know the exact acreage, compute the total acreage by assuming each of the smallest subdivisions is 40 acres. The minimum rental is $20 per permit or lease for all commodities. Pay the minimum rental or the per-acre rental, whichever is greater.

(a) Annual rental rates for prospecting permits for all commodities are $.50 per acre or fraction of an acre.

(b) Annual rental rates for leases for each commodity are shown in the table below. The rate shown is for each acre or fraction of an acre in the lease.

| | Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | Year 6 to end |
| --- | --- | --- | --- | --- | --- | --- |
| (1) Phosphate | $0.25 | $0.50 | $0.50 | $1.00 | $1.00 | $1.00 |
| (2) Sodium | 0.25 | 0.50 | 0.50 | 0.50 | 0.50 | 1.00 |
| (3) Potassium | 0.25 | 0.50 | 0.50 | 0.50 | 0.50 | 1.00 |
| (4) Sulphur | 0.50 | 0.50 | 0.50 | 0.50 | 0.50 | 0.50 |
| (5) Gilsonite | 0.50 | 0.50 | 0.50 | 0.50 | 0.50 | 0.50 |
| (6) Hardrock | 1.00 | 1.00 | 1.00 | 1.00 | 1.00 | 1.00 |
| (7) Asphalt | 0.25 | 0.50 | 0.50 | 0.50 | 0.50 | 1.00 |

[64 FR 53536, Oct. 1, 1999; 65 FR 11476, Mar. 3, 2000]
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28

DAY HIGH

 467

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 410

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 449

 466

 497

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 447

 430

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 383

 428

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 404

 386

 339

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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

FEBRUARY 2006 WATER QUALITY REPORT RUN DATE: March 7, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
II 

117TH CONGRESS 

2D SESSION S. 4745 

To amend the Plant Protection Act to establish a fund for spotted wing 

drosophila research and mitigation. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2022 

Mr. PETERS (for himself, Ms. COLLINS, and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Plant Protection Act to establish a fund 

for spotted wing drosophila research and mitigation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spotted Wing Abate5 ment Trust Act of 2022’’ or the ‘‘SWAT Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the spotted wing drosophila, an invasive 

9 species from East Asia, has caused significant dam10 age to many valuable fruit crops in the United 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4745 IS

1 States, including raspberries, blackberries, blue2 berries, strawberries, peaches, plums, and cherries; 

3 and 

4 (2) the Department of Agriculture estimates 

5 that spotted wing drosophila account for a combined 

6 20 percent revenue loss across strawberry, blueberry, 

7 raspberry, blackberry, and cherry crops, based on re8 ported yield losses due to that species. 

9 SEC. 3. SPOTTED WING DROSOPHILA RESEARCH AND MITI10 GATION. 

11 Subtitle A of the Plant Protection Act (7 U.S.C. 

12 7711 et seq.) is amended by adding at the end the fol13 lowing: 

14 ‘‘SEC. 420A. SPOTTED WING DROSOPHILA RESEARCH AND 

15 MITIGATION. 

16 ‘‘(a) IN GENERAL.—The Administrator of the Ani17 mal and Plant Health Inspection Service (referred to in 

18 this section as the ‘Administrator’) shall establish a fund 

19 within the Department of Agriculture to fund research re20 lating to, and activities to mitigate the negative effects of, 

21 spotted wing drosophila. 

22 ‘‘(b) ADMINISTRATION OF FUND.—The Adminis23 trator shall— 

24 ‘‘(1) determine eligible recipients to enter into 

25 cooperative agreements with, or award grants to, 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 4745 IS

1 using amounts in the fund established under sub2 section (a); and 

3 ‘‘(2) oversee the activities carried out using 

4 amounts in that fund. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated for the fund established 

7 under subsection (a) $6,500,000 for each of fiscal years 

8 2022 through 2028.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
EXHIBIT 99.2


KERR-McGEE CORPORATION
Kerr-McGee Center
Oklahoma City, Oklahoma 73125


                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                      REGARDING PERIODIC REPORT CONTAINING
                              FINANCIAL STATEMENTS


I, Robert M. Wohleber,  the Chief  Financial  Officer of Kerr-McGee  Corporation
(the "Issuer"),  in compliance with 18 U.S.C.  Section 1350, as adopted pursuant
to Section 906 of the  Sarbanes-Oxley  Act of 2002, hereby certify in connection
with the Issuer's  Annual Report on Form 10-K for the period that ended December
31, 2002 as filed with the  Securities  and Exchange  Commission  (the "Report")
that:

     o    the Report fully  complies with the  requirements  of Section 13(a) of
          the Securities Exchange Act of 1934; and

     o    information  contained in the Report fairly presents,  in all material
          respects,  the  financial  condition  and results of operations of the
          Issuer.



/s/ Robert M. Wohleber
______________________

Robert M. Wohleber
Chief Financial Officer
March 26, 2003
### §508. Transferred

#### **Editorial Notes**

#### Codification

Section 508 was editorially reclassified as section 5208 of this title.
#### § 3440.1-6 Cancellation or forfeiture.

Any license to mine may be canceled or forfeited for violation of the Act under which the license to mine was issued, applicable Federal laws and regulations, or the terms and conditions of the license to mine.

[47 FR 33146, July 30, 1982]
§ 36.5 Application review. ( a ) When there is more than one appropriate Federal agency, the Federal agency having management jurisdiction over the longest lineal portion of the right-of-way requested in the TUS application shall be the lead agency for the purpose of coordinating appropriate Federal agency actions in the review and processing of the SF 299, as well as for the purpose of compliance with the provisions of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 *et seq.* ( 1 ) By agreement among the appropriate Federal agencies, a different Federal agency may be designated the lead agency for any or all parts of the review, processing or NEPA compliance.
( 2 ) Upon identification of the lead agency, other involved agencies will provide assistance as requested by the lead agency.
( b ) Upon receipt of an application, the lead agency will review it and determine the filing date pursuant to § 36.4. If it is determined that the applicant has not met the 15 calendar day filing deadline, pursuant to § 36.4(c) of this part, the lead agency shall notify each appropriate Federal agency to return the application to the applicant without further action.
( c ) Within 60 days of the date of filing, each appropriate Federal agency shall inform the applicant and the lead agency, in writing, whether the application on its face: ( 1 ) Contains the required information; or
( 2 ) Is insufficient, together with a specific listing of the additional information the applicant must submit.
( d ) When the application is insufficient, the applicant must furnish the specific information requested within 30 days of receipt of notification of deficiency: ( 1 ) If the applicant needs more time to obtain information, additional time may be granted by the appropriate Federal agency upon request of the applicant, provided the applicant agrees that the application filing date will change to the date of filing of the specific additional information.
( 2 ) Unless extended pursuant to the provisions of paragraph (d)(1) of this section, failure of the applicant to respond within the 30 day period will result in return of the application without further action.
( 3 ) The lead agency shall keep all appropriate Federal agencies informed of actions occurring under paragraphs (d) (1) and (2) of this section, in order that such agencies may note their application records accordingly.
( e ) Within 30 days of the receipt of additional information requested by the appropriate Federal agency, the applicant shall be notified in writing whether the supplemental information is sufficient. ( 1 ) If the applicant fails to provide all the requested information, the application shall be rejected and returned to the applicant along with a list of the specific deficiencies.
( 2 ) When the applicant furnishes the additional information, the application will be reinstated, and it will be considered filed as of the date the final supplemental information is actually received by the appropriate Federal agency.
( 3 ) The lead agency shall notify appropriate Federal agencies of any final rejection under paragraph (e)(1) of this section.
#### The Union Pacific Railway Company v. Charlotte Tucker.

Action brought in the district court of Ottawa county by *Tucker*against the *Union Pacific Railway Company,*to recover damages because of the failure of her title to certain land by the Kansas Pacific railway company conveyed to her late husband. Judgment for plaintiff, September 2, 1882, for $176.30. Defendant brings the case to this court.

*J.*P. *Usher,*for plaintiff in error.

*Per Curiam:*

The judgment in this case will be reversed, and the case remanded for a new trial, upon the authority of *Whipple v. U. P. Railway Co.,*28 Kas. 474.
##### 



Exhibit 99.1

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 SpectraLink Corporation (the
Company) on Form 10-Q for the period ending March 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Bruce
M. Holland, President and Chief Executive Officer of the Company, certify to
the best of my knowledge, 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) of
the Securities Exchange Act of 1934, as amended; and                                                             
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of
the Company for the periods presented therein.

/s/ BRUCE M. HOLLAND




President and Chief Executive Officer
May 14, 2003

A signed original of this written statement required by Section 906 has been
provided to SpectraLink Corporation and will be retained by SpectraLink
Corporation and furnished to the Securities and Exchange Commission or its
staff upon request.
#### Dotoro, Incorporated, Respondent, v. T. N. Benedict Manufacturing Company, Inc., Appellant.

No opinion. Present — Peek, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ.; Cohn, J., dissents and votes to affirm. [See *post,*p. 769.]