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Open-File Report 2007-1192

Publications Warehouse

#### In cooperation with the U.S. Army Corps of Engineers

## Distribution of Potential Spawning Habitat for Sturgeon in the Lower Missouri River, 2003-06

#### By Mark S. Laustrup, Robert B. Jacobson, and Darin G. Simpkins

| AbstractWe surveyed the Lower Missouri River downstream from Gavins Point Dam near Yankton, South Dakota, to St. Louis, Missouri, during low water conditions in 2003-06 to identify and map coarse substrate deposits and bedrock exposures that might serve as spawning areas for sturgeon and other fishes.  More than 330 deposits were identified, including tributary fans, bars, and habitat-enhancement projects.  The location and extent of riverside bedrock exposures immediately adjacent to the channel also were mapped.  Field surveys identified 48 bedrock exposures whereas the analysis of aerial orthophotographs identified an additional 65 exposures for a total of 113.  Maps illustrating the distribution of deposits and their density were developed to aid researchers studying reproductive ecology of sturgeon and other lithophilic fishes. |  |  |  | **Posted June 2007****Download report** (2 MB)Associated data (53 kB ZIP file) |
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U.S. Department of the Interior | U.S. Geological Survey	URL: *http://pubsdata.usgs.gov/pubs/of/2007/1192/index.html*	Questions or Assistance: Contact USGS	Last modified: Wednesday, 07-Dec-2016 20:17:42 EST
Exhibit 10.1



  
 Exhibit 10.1

  
 FIRST AMENDMENT TO FIRST AMENDED AND RESTATED
EMPLOYMENT 
 AGREEMENT 
 This First Amendment dated September 16, 2010, amends that certain First Amended and Restated Employment Agreement dated April 30, 2008 (“Employment Agreement”) between Choice Hotels
International, Inc. (“Employer) and Stephen P. Joyce (“Employee”). 
 For good and valuable consideration, the
parties agree as follows: 
  

	 	1.	Effective January 1, 2011, Section 3(d) of the Employment Agreement is deleted in its entirety and replaced with the following: 


Automobile. Employer shall provide Employee with an allowance for automobile expenses of One Thousand One Hundred Dollars ($1,100)
per month beginning on the Effective Date and through December 31, 2010. Thereafter, Employer shall provide Employee with an allowance for automobile expenses of One Thousand Five Hundred Forty Dollars ($1,540) per month. 

 

	 	2.	Effective January 1, 2011, Section 3(h) of the Employment Agreement is amended by replacing “twenty-five (25)” with “thirty-three (33)”.


  

	 	3.	Effective January 1, 2011, Section 3(k) of the Employment Agreement is deleted in its entirety. 


 

	 	4.	Except as amended herein, all terms of the Employment Agreement remain in full force and effect. 


[Signature Page Follows] 







  
 IN WITNESS WHEREOF,
the parties have executed this First Amendment on the date first set forth above. 
  

			
	Employer:
	
	CHOICE HOTELS INTERNATIONAL, INC.
		
	By:	 	/s/ Patrick Cimerola
		 	Patrick Cimerola, Senior Vice President
	
	Employee:
	
	/s/ Stephen P. Joyce
	Stephen P. Joyce
### §6701. Definitions

As used in this subchapter, the term—

(1) "Secretary" means the Secretary of Commerce, acting through the Economic Development Administration.

(2) "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(3) "local government" means any city, county, town, parish, or other political subdivision of a State, and any Indian tribe.

(4) "public works project" includes a project for the transportation and provision of water to a drought-stricken area.

(Pub. L. 94–369, title I, §102, July 22, 1976, 90 Stat. 999; Pub. L. 95–28, title I, §102, May 13, 1977, 91 Stat. 116.)

#### **Editorial Notes**

#### Amendments

1977—Par. (2). Pub. L. 95–28, §102(a), inserted reference to Trust Territory of the Pacific Islands.

Par. (4). Pub. L. 95–28, §102(b), added par. (4).

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

#### Short Title of 1977 Amendments

Pub. L. 95–30, title VI, §601, May 23, 1977, 91 Stat. 164, provided that: "This title [enacting section 6736 of this title, amending sections 6722 to 6724, 6727, and 6735 of this title, and repealing section 6726 of this title] may be cited as the 'Intergovernmental Antirecession Assistance Act of 1977'."

Pub. L. 95–28, title I, §101, May 13, 1977, 91 Stat. 116, provided that: "This title [amending sections 6701, 6705 to 6708, and 6710 of this title and enacting provisions set out as notes under sections 6701 and 6710 of this title] may be cited as the 'Public Works Employment Act of 1977'."

#### Short Title

Pub. L. 94–369, §1, July 22, 1976, 90 Stat. 999, provided: "That this Act [enacting this chapter and provision set out as a note under section 1287 of Title 33, Navigation and Navigable Waters] may be cited as the 'Public Works Employment Act of 1976'."

Pub. L. 94–369, title I, §101, July 22, 1976, 90 Stat. 999, provided that: "This title [enacting this subchapter] may be cited as the 'Local Public Works Capital Development and Investment Act of 1976'."

#### Public Works Investment Study; Preliminary Report; Final Report Within 18 Months After May 13, 1977

Pub. L. 95–28, title I, §110, May 13, 1977, 91 Stat. 119, directed Secretary of Commerce to study public works investment in United States and implications for future of recent trends in such investment and submit a report with respect to its findings and recommendations no later than 18 months after May 13, 1977.

#### **Executive Documents**

#### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
#### § 220.804a Mortgagee's late charge.

Mortgage insurance premiums which are paid to the Commissioner more than 15 days after the billing date or due date, whichever is later, shall include a late charge of 4 percent of the amount of the payment due, except that no late charge shall be required with respect to any case for which HUD fails to render a proper billing to the mortgagee.

[43 FR 60154, Dec. 26, 1978]
**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN**  Karoh 15, 1939 Fion.C. Aurtt Potter county Attorney San Patrlclo County Sinton, Texas JhaY SlYr



### i0.r ef 8hi.S Bfrfe OY 8ny Qffiaor triot, eouatiy,,



### al%y, prooinet, 

### aehool , or othermuutalpala\tb#ltl8ion of 

### thisStat.,

**bi any**  **a ’** **fioer er~mambef**  **of cay**  

### State,dlatriot,mnmty olty aohool,diatriot or other~unloi$albo‘r'a, or ftrQa of any oCu.rt, **arsatsd** 

### by or undar~suthtmity OS say general or mpeokellaw oi this @ate,.ot any ember **of MO**  

### xmogi*lature, sball appoint,or tot* for, or oonif.ma

chm ~ppofntPirnt

o arw ofliae, position,aleHcship,aaplaymee or duty, ofHon. C; Burtt Potter, &x-ah 15, 1939, Page 2 any person related within the second degree by affinity or within the thfrd degree by consanguinity to the person $0 appolntlng or so voting, or to any other member of any such board, the Legislature, or court of which such person so appofnttig or voting may be s member, when the salary, fees, or compensation of such appolntoe Is to be paid for, dlreotly or lndireotly, out of or from public funds or fees of ofrlce or any kind 

### oc character whatsoever."



### partleular

offiolal~s tlepartm3nt~ U&as 

### to oonstltrrtr a *lolatlon of 

### hTtlol0432 ef the Pen@,2oode. f

It la, thsreforcr, SlU opftion of 

### fh'lspqartlaentand 

### y.ou

are 80 adviseUthat it rill not be a'tiolation of Artlole432 of the Penal CJ?de for the DfstrlotHon. C. Eurtt Potter, Earoh 15, 1939, Page 5 Clerk of ybus couuty to hire as _ _ his deputy a daughter or one of your county commissioners.

Trusting,

that this satisfactorily answers your inquiry, we are Very truly your8 GliXEWOF'1%uL9



# . @&-&XL&%

,

.. -

-.
#### DELANEY et al., Appellants, v. GRAHAM et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

January 9, 1903.)

Action by Thomas M. De Laney and others against Ephriam P. Graham and another.

No opinion. Judgment of the Municipal Court affirmed, with costs.
#### In the Matter of Ann M. Goelkel, Appellant, v. Daniel Locitzer, as Building Official of the City of New Rochelle, Respondent.

In a proceeding under article 78 of the Civil Practice Act, petitioner appeals from an order of the Supreme Court, Westchester County, dated November 13,1961, which denied her petition to compel the Building Official of the City of New Rochelle to issue a “ certificate of incidental occupancy ”. Petitioner contended that she was entitled to such certificate as of right, and that it would permit her to use the sun porch and living room at the north end of her one-family house for the purpose of conducting a kindergarten, incidental to her continued residence in the house. Order affirmed, without costs (cf. *Matter of Goelkel*v. *Board of Appeals of City of New*Rochelle, 16 A D 2d 972). Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.
### §§4, 5. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 632, 641

Section 4, act May 22, 1908, ch. 186, 35 Stat. 225, which provided for a temporary assistant commissioner of the General Land Office, was superseded by Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title.

Section 5, R.S. §447, provided for a recorder of the former General Land Office.
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JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

KYLE F. WALDINGER (ILSB 6238304)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-6830

Fax: (415) 436-7234

E-mail: kyle.waldinger@usdoj.gov

Attorneys for the United States of America

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

PETER CHAN,

Defendant.

)

)

)

)

)

)

)

)

)

)

No. CR 09-0824 MMC

STIPULATION AND [PROPOSED]

ORDER TO CONTINUE SENTENCING

DATE

The defendant Peter Chan is scheduled to be sentenced on July 28, 2010. Upon

inspection of the final presentence report, the United States identified some questions regarding

the defendant’s financial assets. In an effort to provide the parties with sufficient time to resolve

the United States’ questions regarding this issue prior to sentencing, the parties jointly request

that

(1) the Court vacate the sentencing date now set for July 28, 2010, at 2:30

p.m. and

/ / /

/ / /

/ / /

/ / /

STIP. AND [PROPOSED] ORDER

CR 09-0824 MMC [PETER CHAN]

Case 3:09-cr-00824-MMC Document 66 Filed 07/22/10 Page 1 of 2
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(2) re-set the sentencing date for the defendant Peter Chan to September 1,

2010, at 2:30 p.m.

SO STIPULATED.

DATED: July 21, 2010 JOSEPH P. RUSSONIELLO

United States Attorney

 /s/

KYLE F. WALDINGER

Assistant United States Attorney

DATED: July 21, 2010

 /s/

DOUGLAS I. HORNGRAD

Attorney for Defendant Peter Chan

[PROPOSED] ORDER

Good cause appearing, it is hereby ORDERED that the sentencing hearing for the

defendant Peter Chan previously scheduled for July 28, 2010 be continued to September 1, 2010,

at 2:30 p.m.

DATED: July ____, 2010

MAXINE M. CHESNEY

UNITED STATES DISTRICT JUDGE

STIP. AND [PROPOSED] ORDER

CR 09-0824 MMC [PETER CHAN] 2

22 /s/ Charles R. Breyer for

Case 3:09-cr-00824-MMC Document 66 Filed 07/22/10 Page 2 of 2
§ 26.50 Initial decision. ( a ) The ALJ shall issue an initial decision based only on the record, which shall contain findings of fact, conclusions of law, and the relief granted. The ALJ's initial decision shall not become effective unless it becomes or is incorporated into final agency action in accordance with § 26.50(c) or § 26.52(l).
( b ) The ALJ shall serve the initial decision on all parties within 60 days after either the close of the record or the expiration of time permitted for submission of posthearing briefs, whichever is later. The ALJ may extend the 60-day period for serving the initial decision in writing for good cause. The initial decision shall inform the parties that, if provided for and consistent with Departmental regulations, any party may request, in writing, Secretarial review of the determination within 30 days after the ALJ issues the initial decision, in accordance with § 26.52 of this part. The determination shall include the mailing address, facsimile number, and electronic submission information to which the request for Secretarial review should be sent. A request for Secretarial review may be made by mail, delivery, facsimile, or electronic submission.
( c ) If no appeal is timely filed with the Secretary or designee, the initial decision shall become the final agency action.
### §2304. Disposal of public land

#### (a) In general

The Secretary shall establish a program, using funds made available under section 2305 of this title—

(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 1712 of this title;

(2) not later than 180 days after March 23, 2018, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and

(3) to maintain the database referred to in paragraph (2).

#### (b) Sale of public land

#### (1) In general

The sale of public land so identified shall be conducted in accordance with sections 1713 and 1719 of this title.

#### (2) Exceptions to competitive bidding requirements

The exceptions to competitive bidding requirements under section 1713(f) of this title shall apply to this section in cases in which the Secretary determines it to be necessary.

#### (c) Report in Public Land Statistics

The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section.

(Pub. L. 106–248, title II, §205, July 25, 2000, 114 Stat. 615; Pub. L. 111–212, title III, §3007(a), July 29, 2010, 124 Stat. 2339; Pub. L. 115–141, div. O, title III, §302(4), Mar. 23, 2018, 132 Stat. 1075.)

#### **Editorial Notes**

#### Amendments

2018—Subsec. (a). Pub. L. 115–141, §302(4)(A), substituted "section 2305 of this title—" and pars. (1) to (3) for "section 2305 of this title, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans (as in effect on July 25, 2000) under section 1712 of this title."

Subsec. (d). Pub. L. 115–141, §302(4)(B), struck out subsec. (d). Text read as follows: "The authority provided under this section shall terminate 11 years after July 25, 2000."

2010—Subsec. (d). Pub. L. 111–212 substituted "11 years" for "10 years".
Comment Info: =================

General Comment:Document provided during public meeting.
* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 97-60182

_____________________ FRANCES LOUISE SANDERS; PAUL SANDERS, Plaintiffs-Appellees,
versus WAL-MART STORES, INC., doing business as Wal-Mart, Store #0391, Defendant-Appellant.

_______________________________________________________

Appeal from the United States District Court for the Northern District of Mississippi

(1:96-CV-2-SAA)

_______________________________________________________ April 20, 1999 Before REAVLEY, POLITZ and SMITH, Circuit Judges. PER CURIAM: * The judgment of the district court is affirmed for the following reasons: 1. Reflectors, raised an inch or higher above a driveway across which customers walk to their cars with bags of merchandise in their hands, are not necessarily expected and acceptable conditions to be encountered by invitees of a business. The jury2

was entitled to find the defendant negligent because of its failure to provide reasonably safe premises. See Tharp v. Bunge Corp. , 641 So.2d 20 (Miss. 1994). 2. The jury was also entitled to find the plaintiff contributorily negligent. She was a frequent customer of the defendant and had seen the reflectors many times. Richard v. Wal-Mart Stores, Inc. , 702 So.2d 79 (La. App. 2 cir. 1977), does not afford the plaintiff the help claimed. Not only is it a Louisiana case, but the facts are very different. The plaintiff there stumbled on bolts protruding from the Wal-Mart sidewalk. She was walking by a display of merchandise and she could not reasonably anticipate the bolts. 3. The disclosure of the subsequent removal of the reflectors was not blatant disobedience of the court’s order and, with the court’s instruction, it was harmless. 4. The other points of error raised by Wal-Mart are either its arguments about the evidence or are directed at rulings of the court within its discretion. AFFIRMED.
§ 146.33 Complaints. ( a ) Any person, individually or as a member of a class or on behalf of others, may file a complaint with HUD alleging discrimination prohibited by the Act. A complainant shall file a complaint within 180 days from the date the complainant first had knowledge of the alleged act of discrimination. However, for good cause, HUD may extend this time limit. The filing date for a complaint will be the date upon which the complaint is deemed sufficient to be processed.
( b ) HUD shall facilitate the filing of complaints and shall take the following measures: ( 1 ) Accept as a sufficient complaint any written legible statement which is signed by the complainant and which identifies the parties involved, the date the complainant first had knowledge of the alleged violation, and describes generally the alleged prohibited action or practice;
( 2 ) Freely permit a complainant to add information to the complaint to meet the requirements of a sufficient complaint;
( 3 ) Widely disseminate information regarding the obligations of recipients under the Act and this part;
( 4 ) Notify the complainant and the recipient of their rights under the complaint process, including the right to have a representative at all stages of the complaint process; and
( 5 ) Notify the complainant and the recipient of their right to contact HUD for information and assistance regarding the complaint resolution process.
( c ) HUD will return to the complainant any complaint determined to be outside the coverage of this part, and shall state the reasons why it is outside the coverage.
(Approved by the Office of Management and Budget under control number 2529-0030) [51 FR 45266, Dec. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987]
### §390h–26. Pittsburg recycled water project

#### (a) Authorization

The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.

#### (b) Cost share

The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.

#### (c) Limitation

The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.

#### (d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $1,750,000.

(Pub. L. 102–575, title XVI, §1643, as added Pub. L. 110–229, title V, §512(a)(1), May 8, 2008, 122 Stat. 841.)
§ 3280.302 Definitions. The following definitions are applicable to subpart D only: *Anchor assembly* means any device or other means designed to transfer home anchoring loads to the ground.
*Anchoring equipment* means ties, straps, cables, turnbuckles, chains, and other approved components, including tensioning devices that are used to secure a manufactured home to anchor assemblies.
*Anchoring system* means a combination of anchoring equipment and anchor assemblies that will, when properly designed and installed, resist the uplift, overturning, and lateral forces on the manufactured home and on its support and foundation system.
*Diagonal tie* means a tie intended to resist horizontal or shear forces, but which may resist vertical, uplift, and overturning forces.
*Footing:* means that portion of the support system that transmits loads directly to the soil.
*Foundation system* means a system of support that is capable of transferring all design loads to the ground, including elements of the support system as defined in this section, or a site-built permanent foundation that meets the requirements of 24 CFR 3282.12.
*Ground anchor* means a specific anchoring assembly device designed to transfer home anchoring loads to the ground.
*Loads:* ( 1 ) *Dead load:* means the weight of all permanent construction including walls, floors, roof, partition, and fixed service equipment.
( 2 ) *Live load:* means the weight superimposed by the use and occupancy of the manufactured home, including wind load and snow load, but not including dead load.
( 3 ) *Wind load:* means the lateral or vertical pressure or uplift on the manufactured home due to wind blowing in any direction.
*Main frame:* means the structural component on which is mounted the body of the manufactured home.
*Pier:* means that portion of the support system between the footing and manufactured home exclusive of caps and shims.
*Sheathing:* means material which is applied on the exterior side of a building frame under the exterior weather resistant covering.
*Stabilizing devices* means all components of the anchoring and support systems, such as piers, footings, ties, anchoring equipment, anchoring assemblies, or any other equipment, materials, and methods of construction that support and secure the manufactured home to the ground.
*Support system:* means a combination of footings, piers, caps, and shims that will, when properly installed, support the manufactured home.
*Support system* means any pilings, columns, footings, piers, foundation walls, shims, and any combination thereof that, when properly installed, support the manufactured home.
*Tie:* means straps, cable, or securing devices used to connect the manufactured home to ground anchors.
*Vertical tie:* means a tie intended to resist the uplifting or overturning forces.
[58 FR 55005, Oct. 25, 1993; 59 FR 15113, Mar. 31, 1994, as amended at 72 FR 59361, Oct. 19, 2007]