alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §701h–1. Contributions by States and political subdivisions for immediate use on authorized flood-control work; repayment

Whenever any State or political subdivision thereof shall offer to advance funds for a federally authorized water resources development project, the Secretary of the Army may in his discretion, receive such funds and expend the same in the immediate prosecution of such project. The Secretary of the Army is authorized and directed to repay without interest, if appropriations are provided by Congress for such purpose, the moneys so contributed and expended: Provided, however, That no repayment of funds which may be contributed for the purpose of meeting any conditions of local cooperation imposed by Congress, or under the authority of section 701h of this title, shall be made. For purposes of this section, the term "State" means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in section 5304(e) of title 25).

(Oct. 15, 1940, ch. 884, 54 Stat. 1176; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 115–270, title I, §1166(a), Oct. 23, 2018, 132 Stat. 3797.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–270 substituted "a federally authorized water resources development project," for "a flood-control project duly adopted and authorized by law", "such project" for "such work", and "if appropriations are provided by Congress for such purpose" for "from appropriations which may be provided by Congress for flood-control work" and inserted at end "For purposes of this Act, the term 'State' means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Indian tribes (as defined in section 5304(e) of title 25)."

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

#### Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
|                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Exhibit 32.2
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 Easy Gardener Products, Ltd., (the Company)
on Form 10-Q for the period ended December 31, 2005 (the Report), I, Richard
M. Kurz, as Manager and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
|                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

| | (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 results of operations of the Company.

| |                     | 
| | ------------------- | 
| |                     | 
| | /s/ Richard M. Kurz | 
| |                     | 
| | Richard M. Kurz     | 
| | Manager and CFO     | 

|                        
|------------------------
|Dated: February 14, 2006

|
|
#### MANILA SCHOOL DISTRICT NO. 15 *v.*Charolette WAGNER, Jimmy White, Harold Lee Evans, and E.A. Shaneyfelt

03-755

157 S.W.3d 529

Supreme Court of Arkansas

Opinion delivered March 29, 2004

*506
      *Mike Gibson;*and *W.Paul Blume,*for petitioners.

*W. Hunter Williams, Jr.,*for respondents.

*Bearden Law Firm,*by: *Mike Bearden,*for intervenors.

Per Curiam.

This case arose from the Mississippi County Circuit Court’s grant of an *ex parte*injunction prohibiting Petitioner Manila School District No. 15 from hiring a superintendent to replace Respondent Charolette Wagner. The injunction was granted on behalf of three Respondents, Jimmy White, Harold Lee Evans, and E.A. Shaneyfelt, who were permitted by the trial court to intervene in the suit between the District and Wagner. We recently issued a *per curiam*opinion granting Petitioner’s motion to expedite and instructing all parties to this case to file simultaneous briefs on three particular issues: (1) whether Respondents-Intervenors had standing to seek an injunction; (2) whether the irreparable harm relied on to grant the injunction is the same as that relied upon to grant a previous injunction to Respondent Wagner; and (3) whether this court may, at this stage of the proceedings, act on the District’s motion to remove the trial judge, the Honorable Victor Hill, from the case. *See Manila Sch. Dist. No. 15 v. Wagner,*356 Ark. 421, 155 S.W.3d 1 (2004) *(per curiam).*

The District and Wagner both filed their briefs on March 18, 2004. The Intervenors, however, elected not to file a brief. Instead, their attorney, Mike Bearden, sent a letter to our court clerk, stating that his clients have chosen not to pursue the injunction any further and that the issue should now be moot. This letter is unacceptable, as it does not comply with our previous order in this matter.

We hereby order and direct Intervenors to file a brief in this matter, addressing the three issues set out in our March 11, 2004, *per curiam.*Intervenors have until Monday April 5, 2004, to file their brief. We further order the attorneys for all parties to appear before this court at 9:00 a.m. on April 8, 2004, for oral argument in this matter.

It is so ordered.
§ 591.104 Higher initial maximum uniform allowance rate. ( a ) The head of an agency may establish one or more initial maximum uniform allowance rates greater than the Governmentwide maximum uniform allowance rate established under § 591.103.
( b ) A higher initial maximum uniform allowance rate established under this section may not exceed the average total uniform cost for the minimum basic uniform for the affected employees and, except as provided in paragraph (c) of this section, applies only to the year in which the employee becomes subject to a requirement to wear the uniform.
( c ) An agency that establishes one or more higher initial maximum uniform allowance rates under this section may divide the cost of the minimum basic uniform and continue a higher initial maximum uniform allowance for the year following the year the employee first becomes subject to the requirement to wear the uniform, provided the agency publishes a notice of its intention to continue such payments in the Federal Register for notice and comment.
( d ) Before establishing a higher initial maximum uniform allowance rate under this section, an agency shall publish in the Federal Register for notice and comment— ( 1 ) A description and justification of the circumstances requiring a higher initial maximum uniform allowance rate;
( 2 ) An estimate of the number of employees affected;
( 3 ) The specific items required for the basic uniform and the average total uniform cost for the affected employees;
( 4 ) The amount of the proposed higher initial maximum uniform allowance rate to be paid during the year the employee first becomes subject to the uniform requirement;
( 5 ) The proposed effective date of the higher initial maximum uniform allowance rate; and,
( 6 ) The intent of the agency (if any) to divide the cost of a minimum basic uniform and continue to make higher initial maximum basic uniform allowance payments in the year following the year the employee first becomes subject to the uniform requirement.
( e ) So that OPM can evaluate agencies' use of this authority and provide the Congress and others with information regarding the use of a higher initial maximum uniform allowance rate, each agency concerned shall maintain such other records and submit to OPM such other reports and data as OPM shall require.
( f ) When OPM determines that an agency is using this authority inappropriately, OPM may require its prior approval before that agency establishes any future higher initial maximum uniform allowance rate.
( g ) An agency may increase a higher initial maximum uniform allowance rate only as a result of an increase in the average total uniform cost for the affected employees. Before effecting an increase under this paragraph, an agency shall follow the notice and comment procedures required by paragraph (d) of this section.
( h ) To establish a higher initial maximum uniform allowance rate applicable to the initial year a new style or type of minimum basic uniform is required for a category of employees, an agency shall use the higher initial maximum uniform allowance procedures provided under this section.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 3, 2013

NO. 03

- 12

- 00272

- CR

Kevin Howard, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 390TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES GO ODWIN AND FIELD

AFFIRMED

-- OPINION BY JUSTICE FIELD

THIS CAUSE came on to be heard on the record of the court below, and the same being

considered, because it is the opinion of this Court that there was no error in the trial court’s

judgment of convict ion : IT IS ORDERED, ADJUDGED AND DECREED by the Court that

the judgment of conviction of the trial court is in all things affirmed; and it appearing that the

appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that

this decision be certified below for observance.
#### § 550.907 Relationship to additional pay payable under other statutes.

Hazard pay differential is in addition to any additional pay or allowances payable under other statutes. It shall not be considered part of the employee's rate of basic pay in computing additional pay or allowances payable under other statutes.

[56 FR 20345, May 3, 1991]
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in theRegistration Statements on Form S-8 (Nos. 333-44826, 333-58020, 333-118614 and 333-135396) pertaining to the 2000 Equity Incentive Plan, the 2000 Employee Stock Purchase Plan, the 2000 Non-Employee Directors’ Stock Option Plan, the 1996 StockOption Plan, the 1988 Stock Option Plan and certain Non-Plan Stock Option Agreements with Telik, Inc. and the Registration Statements on Form S-3 (Nos. 333-108031, 333-114366 and 333-89596) for the registration of $200,000,000 of equity securitiesand in the related Prospectuses of our reports dated February 23, 2007, with respect to the financial statements of Telik, Inc., Telik, Inc.’s management’s assessment of the effectiveness of internal control over financial reporting,and the effectiveness of internal control over financial reporting of Telik, Inc., included in this Annual Report (Form 10-K) for the year ended December 31, 2006. 

/S/    ERNST & YOUNG LLP 

Palo Alto, California 

February 23, 2007
#### § 532.315 Additional survey jobs.

(a) For appropriated fund surveys, when the lead agency adds to the industries to be surveyed, it shall add to the required survey jobs the specialized survey jobs listed below opposite the industry added:

| Specialized industry | Specialized survey jobs | Grade |
| --- | --- | --- |
| Aircraft | Electronics Mechanic | WG-11 |
| | Aircraft Structures Assembler B | WG-7 |
| | Aircraft Structures Assembler A | WG-9 |
| | Aircraft Mechanic | WG-10 |
| | Aircraft Mechanic includes | |
| | Aircraft Electrician | WG-10 |
| | Aircraft Welder | WG-10 |
| | Aircraft Sheetmetal Worker | WG-10 |
| | Hydromechanical Fuel Control Repairer | WG-10 |
| | Aircraft Engine Mechanic | WG-10 |
| | Aircraft Jet Engine Mechanic | WG-10 |
| | Flight Line Mechanic | WG-10 |
| | Aircraft Attendant (ground services) | WG-7 |
| Ammunition | Munitions Handler | WG-4 |
| | Munitions Operator | WG-4 |
| | Munitions Operator | WG-6 |
| | Munitions Operator | WG-8 |
| | Munitions Operator | WG-9 |
| | Explosives Operator | WG-9 |
| Artillery and combat vehicles | Automotive Mechanic (limited to data obtained in special industries) | WG-10 |
| | Heavy Mobile Equipment Mechanic | WG-10 |
| | Artillery Repairer | WG-9 |
| | Combat Vehicle Mechanic | WG-8 |
| | Combat Vehicle Mechanic (Engine) | WG-10 |
| | Combat Vehicle Mechanic | WG-11 |
| | Diesel Engine Mechanic (limited to data obtained in special industries | WG-10 |
| Communications | Telephone Installer-Repairer | WG-9 |
| | Central Office Repairer | WG-11 |
| | Electronic Test Equipment Repairer | WG-11 |
| | Television Station Mechanic | WG-11 |
| Electronics | Electronics Mechanic | WG-11 |
| | Industrial Electronic Controls Repairer | WG-10 |
| | Electronic Test Equipment Repairer | WG-11 |
| | Electronic Computer Mechanic | WG-11 |
| | Television Station Mechanic | WG-11 |
| Guided missiles | Electronic Computer Mechanic | WG-11 |
| | Guided Missile Mechanical Repairer | WG-11 |
| Heavy duty equipment | Heavy Mobile Equipment Mechanic | WG-10 |
| Shipbuilding | Electronics Mechanic | WG-11 |
| | Electrician, Ship | WG-10 |
| | Pipefitter, Ship | WG-10 |
| | Shipfitter | WG-10 |
| | Shipwright | WG-10 |
| | Machinist (Marine) | WG-10 |
| Sighting and fire control | Electronic Computer Mechanic | WG-11 |
| | Fire Control Instrument Repairman | WG-11 |
| | Electronic Fire Control Systems Repairer | WG-11 |
| | Electronic Fire Control Systems Repairer | WG-12 |
| | Electronic Fire Control Systems Repairer | WG-13 |
| Small arms | Small Arms Repairer | WG-8 |

(b) For nonappropriated fund surveys, a lead agency must obtain prior approval of OPM to add a job not listed in § 532.223 of this subpart.

[55 FR 46180, Nov. 1, 1990]
### §5162. Republican Policy Committee

#### (a) In general

There is established in the House of Representatives an office to be known as the Republican Policy Committee, which shall have such responsibilities as may be assigned by the Speaker of the House of Representatives (or, if the Speaker is not a member of the Republican Party, the Minority Leader of the House of Representatives).

#### (b) Salaries and expenses

There shall be a lump sum allowance for the salaries and expenses of the Republican Policy Committee, which shall be treated as a category of House leadership offices for purposes of section 5507(c) of this title, and which shall be obligated and expended as directed by the Speaker (or, if the Speaker is not a member of the Republican party, the Minority Leader).

#### (c) Applicability

This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.

(Pub. L. 108–447, div. G, title I, §109, Dec. 8, 2004, 118 Stat. 3177; Pub. L. 112–74, div. G, title I, §102(a), (b), Dec. 23, 2011, 125 Stat. 1121.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 74a–13 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

#### Amendments

2011—Subsec. (a). Pub. L. 112–74, §102(a), substituted "the Speaker of the House of Representatives (or, if the Speaker is not a member of the Republican Party, the Minority Leader of the House of Representatives)" for "the chair of the Republican Conference".

Subsec. (b). Pub. L. 112–74, §102(b), inserted ", and which shall be obligated and expended as directed by the Speaker (or, if the Speaker is not a member of the Republican party, the Minority Leader)" before period at end.

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

#### Effective Date of 2011 Amendment

Pub. L. 112–74, div. G, title I, §102(c), Dec. 23, 2011, 125 Stat. 1121, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2012 and each succeeding fiscal year."
### §467o. National low-head dam inventory

#### (a) Definitions

In this section:

#### (1) Inventory

The term "inventory" means the national low-head dam inventory developed under subsection (b)(1)(A).

#### (2) Low-head dam

The term "low-head dam" means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.

#### (b) National low-head dam inventory

#### (1) In general

Not later than 18 months after December 23, 2022, the Secretary of the Army, in consultation with the heads of appropriate Federal and State agencies, shall—

(A) develop an inventory of low-head dams in the United States that includes—

(i) the location, ownership, description, current use, condition, height, and length of each low-head dam;

(ii) any information on public safety conditions at each low-head dam;

(iii) public safety information on the dangers of low-head dams;

(iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and

(v) any other relevant information concerning low-head dams; and

(B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

#### (2) Data

In carrying out this subsection, the Secretary shall—

(A) coordinate with Federal and State agencies and other relevant entities; and

(B) use data provided to the Secretary by those agencies and entities.

#### (3) Public availability

The Secretary shall make the inventory publicly available, including on a publicly available website.

#### (4) Updates

The Secretary, in consultation with the heads of appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory.

#### (c) Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.

#### (d) Clarification

Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.

(Pub. L. 92–367, §15, as added Pub. L. 117–263, div. H, title LXXXI, §8122, Dec. 23, 2022, 136 Stat. 3713.)
§ 4601.103 Prior approval for outside employment and activities. ( a ) *General requirement for approval.* A DHS employee, other than a Special Government Employee, shall obtain prior written approval before engaging in any outside employment or activity (as defined by § 4601.101 of this part), with or without compensation, unless the employee's agency has exempted the outside employment or activity (or category or class of outside employment or activity) from this requirement by an instruction or manual issued pursuant to paragraph (c) of this section.
( b ) *Standard for approval.* Approval shall be granted unless it has been determined that the outside employment is expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635 and this part.
( c ) *Agency responsibilities.* ( 1 ) With the approval of the DHS DAEO, each agency as set forth in § 4601.102 of this part shall issue internal instructions or a manual governing the submission of requests for approval of outside employment and activities and designating appropriate officials to act on such requests not later than May 5, 2016.
( 2 ) The instructions or manual may exempt particular outside employment or activities (or categories or classes of outside employment or activities) from the prior approval requirement of this section if such outside employment or activities would generally be approved and are not likely to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635 and this part. Agencies may include in their instructions or manual examples of outside employment or activities that are permissible or prohibited consistent with 5 CFR part 2635 and this part.
( 3 ) In the absence of a manual or instruction identifying a person designated to act upon a request for approval for outside employment, the Chief Deputy Ethics Official at each agency shall act upon a request.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1056 

TP 14-01400 

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND VALENTINO, JJ. 

 

IN THE MATTER OF ROBERT HAIGLER, PETITIONER, 

V ORDER

SUPERINTENDENT SHEAHAN, FIVE POINTS CORRECTIONAL 

FACILITY, RESPONDENT. 

 

ROBERT HAIGLER, PETITIONER PRO SE. 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF

COUNSEL), FOR RESPONDENT. 

 

Proceeding pursuant to CPLR article 78 (transferred to the

Appellate Division of the Supreme Court in the Fourth Judicial

Department by order of the Supreme Court, Seneca County [Dennis F.

Bender, A.J.], entered August 6, 2014) to review a determination of

respondent. The determination found after a tier II hearing that

petitioner had violated various inmate rules. 

It is hereby ORDERED that said proceeding is unanimously

dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d

996).

Entered: October 2, 2015 Frances E. Cafarell

Clerk of the Court
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 2163

_____________________________
D ANNY V. S ELLERS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Steven B. Whittington , Judge

. May 21, 2019

P ER C URIAM

.
A FFIRMED

. W ETHERELL , R AY , and W INSOR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Danny V. Sellers, pro se
, Appellant.2 Ashley Moody, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee
, for Appellee.
#### § 1201.12 Revocation, amendment, or waiver of rules.

The Board may revoke, amend, or waive any of these regulations. A judge may, for good cause shown, waive a Board regulation unless a statute requires application of the regulation. The judge must give notice of the waiver to all parties, but is not required to give the parties an opportunity to respond.
### Part F—National Stalker and Domestic Violence Reduction