alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §390h–1. Appraisal investigations

#### (a) Purposes; recommendations

The Secretary shall undertake appraisal investigations to identify opportunities for water reclamation and reuse. Each such investigation shall take into account environmental considerations as provided by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and regulations issued to implement the provisions thereof, and shall include recommendations as to the preparation of a feasibility study of the potential reclamation and reuse measures.

#### (b) Matters to be considered

Appraisal investigations undertaken by the Secretary or the non-Federal project sponsor pursuant to sections 390h to 390h–39 of this title shall consider, among other things—

(1) all potential uses of reclaimed water, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and recreation;

(2) the current status of water reclamation technology and opportunities for development of improved technologies;

(3) measures to stimulate demand for and eliminate obstacles to use of reclaimed water, including pricing;

(4) measures to coordinate and streamline local, State and Federal permitting procedures required for the implementation of reclamation projects; and

(5) measures to identify basic research needs required to expand the uses of reclaimed water in a safe and environmentally sound manner.

#### (c) Consultation and cooperation

The Secretary shall consult and cooperate with appropriate State, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to sections 390h to 390h–39 of this title.

#### (d) Nonreimbursable costs

Costs of such appraisal investigations shall be nonreimbursable.

(Pub. L. 102–575, title XVI, §1603, Oct. 30, 1992, 106 Stat. 4664; Pub. L. 104–266, §3, Oct. 9, 1996, 110 Stat. 3295.)

#### **Editorial Notes**

#### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

#### Amendments

1996—Subsec. (b). Pub. L. 104–266 inserted "by the Secretary or the non-Federal project sponsor" after "undertaken" in introductory provisions.
#### Edward Kivovits v. David Murphy.

Motion to dismiss appeals granted, with $10 costs, unless the appellants procure the record on appeal and *755appellants’ points to be served and filed on or before August 14,1962, with notice of argument for the September 1962 Term of this court, said appeals to be argued or submitted when reached. Concur—Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
### §423c. Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men

Settlers who have unpatented entries under any of the public land laws embracing lands which have been eliminated from the project, or whose entries under water rights have been so reduced that the remaining area is insufficient to support a family, shall be entitled to exchange their entries for other public lands within the same project or any other existing Federal reclamation project, with credit under the homestead laws for residence, improvement, and cultivation made or performed by them upon their original entries and with credit upon the new entry for any construction charges paid upon or in connection with the original entry: Provided, That when satisfactory final proof has been made on the original entry it shall not be necessary to submit final proof upon the lieu entry. Any entryman whose entry or farm unit is reduced by the elimination of permanently unproductive land shall be entitled to enter an equal amount of available public land on the same project contiguous to or in the vicinity of the farm unit reduced by elimination, with all credits in this section hereinbefore specified in lieu of the lands eliminated. Owners of private lands so eliminated from the project may, subject to the approval of the Secretary of the Interior, and free from all encumbrances, relinquish and convey to the United States lands so owned and held by them, not exceeding an area of one hundred and sixty acres, and select an equal area of vacant public land within the irrigable area of the same or any other Federal reclamation project, with credit upon the construction costs of the lands selected to the extent and in the amount paid upon or in connection with their relinquished lands, and the Secretary of the Interior is authorized to revise and consolidate farm units, so far as this may be made necessary or advisable, with a view to carrying out the provisions of this section: Provided further, That the rights extended under this section shall not be assignable: And provided further, That in administering the provisions of this section and section 423a of this title, the Secretary of the Interior shall take into consideration the rights and interests of lien holders, as to him may seem just and equitable: Provided further, That where two entrymen apply for the same farm unit under the exchange provisions of this section, only one whom 1 is an ex-service man, as defined by section 438 2 of this title, the ex-service man shall have a preference in making such exchange.

(May 25, 1926, ch. 383, §44, 44 Stat. 648.)

#### **Editorial Notes**

#### References in Text

Section 438 of this title, referred to in text, was repealed by act Aug. 13, 1953, ch. 428, §10, 67 Stat. 568. For provisions giving preference to ex-servicemen, see section 451g of this title.

1 So in original. Probably should be "one of whom".

2 See References in Text note below.
## NO. 12-07-00486-CV

IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S

SUE MORR IS AND FLO YD LEEMO

RRIS , J R., § APP EAL FRO

M T HE T HIR D APPELLANTS V. § JUDICIAL DISTRI CT COURT OF GE RAL D M OR RIS, APP ELL EE § AN DE RSON C OU

NT Y, TEX

AS MEMORA NDUM OPIN ION PER CU RIAM This appea l is being dismi ssed for w ant of prose cution. See T EX . R. A PP . P. 4 2.3(b). Appellants per fec ted their a ppeal on De cembe r 21, 2007. Afte r var ious extensions, the time for filing the reporter’s r ecor d expire d on August 10, 2 0 0 8 due to Appellants’ f ailure to pay for the rec ord. Consequently, Appe llants’ brief w as due on or befor e Septe m b er 10, 2008. When Appellants fa iled to file thei r b ri ef within the require d time, this court notified them on Se pte mbe r 1 2, 20 08 that the brie f wa s p a st d ue a ndwa rn e d th a t if

no mot ionfo r e xte ns ionof tim e to file the brief

was re ceive d by September 22, 2008, the appeal would be dis missed for want of prosec ution under Texa s Rule o f Ap p el l ate Procedure 42.3(b). The notice further informed Ap pe lla nts that th e mot ion fo r e xte ns ionof tim e mus t c on ta in a

re a so na ble exp la natio n f

or the ir failure to file the brief

and a show ing that Appellee ha d not suffer ed material injury thereby. On Se pte mbe r 2 3, 20 08 , th e c le rk of thi s c ou rt re c e ive d a le tte r fr om A pp e lla nt S ue Mo rris, in which she re quested a n extension of time to file t he brief and state d she had r etained an attorney to “handle this” f

or her son, Appellant Floyd Le e Morris, Jr. On the same date, the cler k returne d the l etter to Mrs. Morris i nforming her that a motion for exte nsion of time must comply wit h the Texa s Rules of Appellate Procedur e relating to motions , and that she should file a proper motion2

on or bef ore O ctober

3, 2008. She was further notified that if a party has reta ined counsel in a c ase, a ll d oc ume nt s fi le d in that c a se mus t be pr e se nte d b y c ou ns e l. F ina lly , s he wa s in fo rm e d th a t if counsel ha d been r etained, she should have counsel advise the court of his or he r re prese ntation. To date , n e ith e r A pp e lla nts no r any a tto rn e y a c tin g o n b e ha lf of e ith e r a pp e lla nt h a s c omp lie d w ith or otherw i s e re s p o nded to this court’s September 23, 2008 notice. Ac cordingly, we dis mis s the app e a l for want of prosecution

. See T EX . R. A PP . P. 38.8(a)( 1), 42.3.(b)

. Opinion delivere d October 8, 2008. P an el consi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(PUBLISH)
### §1474c. North American Wetlands Conservation Fund; availability of fines or forfeitures

In fiscal year 1992 and thereafter, amounts received during the immediately preceding fiscal year under section 707 of title 16 as penalties or fines or from forfeitures of property or collateral, to remain available until expended.

(Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1384.)

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

#### Prior Similar Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1381.

Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995.
Electronically Filed Intermediate Court of Appeals CAAP-15-0000904 13-AUG-2018 07:56 AM
### IN THE TENTH COURT OF APPEALS
No. 10 - 14 - 00102 - CV
EX PARTE N.C.

From the 12th District Court Walker County, Texas Trial Court No. 26744

O R D E R
In a single letter to the Court dated June 29, 2016, appellant requests this Court to appoint counsel for appellant and also requests a 60

- day extension of time to prepare and submit an appellate brief in this appeal. This letter was not served on the opp osing party to this appeal as required by Texas Rule of Appellate Procedure 9.5. T EX
. R. A PP
. P. 9.5. We use Rule 2, however, to dispense with the service requirement for this letter only and rule on the merits of appellant’s requests. See T EX
. R. A PP
. P . 2. Appellant’s request for the appointment of counsel is denied. Appellant has not sufficiently explained or shown why the interest of justice would require the appointment of counsel in this proceeding. See Gibson v. Tolbert , 102 S.W.3d 710 (Tex. 2 003).E x parte N.C. Page 2

Appellant’s request for an extension of time to file his brief, however, is granted. Appellant’s brief is due 60 days from the date of this order. Appellant is notified that every document related to the appeal that is sent to this
Court must reflec t that it also was sent to all other parties of record. T EX
. R. A PP
. P . 6.3
This includes letters. Id . And every pleading must be accompanied by proof of service which complies with the requirements of the Texas Rules of Appellate Procedure and any appl icable filing fee. T EX
. R. A PP
. P. 9.5; 5. What is a pleading, rather than a letter, may sometimes be hard to determine; but a good general rule

- of

- thumb is that if you are asking the Court for a ruling on anything, or if you are responding to a request by another party, your document is probably a pleading that must include proof of service. Further, appellant is warned that f uture letters not copied to opposing parties and motions and responses not accompanied by proof of service will not be acknowledge d or acted upon by the Court.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion to appoint counsel denied; Motion for extension of time granted Order issued and filed July 20, 2016
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6668

JOHN IBARRA,

Plaintiff - Appellant,

versus

KATHY HAWKS; GIL INGRAM; JIM BRAND; GEORGE

KERNEY; JOHN FANELLO; MIKE PETTIFORD; STEVE

LABIER; DOCTOR DALUGA; MR. GOMEZ; THE UNITED

STATES FOR THE USE AND BENEFIT OF C. ROGER

JENNINGS, d/b/a Jennings Concrete Contractors;

FEDERAL BUREAU OF PRISONS,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Beaufort. Henry M. Herlong, Jr., District

Judge. (CA-95-190-9-20-JC)

Submitted: December 12, 1996 Decided: December 19, 1996

Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John Ibarra, Appellant Pro Se. Barbara Murcier Bowens, OFFICE

OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his complaint brought under Bivens v. Six Unknown Named

Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). We have

reviewed the record and the district court's opinion accepting the

magistrate judge's recommendation and find no reversible error.

Accordingly, we affirm largely on the reasoning of the district

court. Ibarra v. Hawks, No. CA-95-190-9-20-JC (D.S.C. Feb. 26,

1996). We note only that while the district court may have overlooked one of Appellant's objections to the magistrate judge's

report, Appellant failed to demonstrate a genuine issue of material

fact regarding that claim, and therefore the grant of summary judgment in favor of the Defendants was appropriate. We dispense with

oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED
### §1200b. Omitted

#### **Editorial Notes**

#### Codification

Section, act July 6, 1954, ch. 463, §5, 68 Stat. 453, which related to inclusion of other provisions in contracts under former sections 1198 to 1200e of this title, was omitted from the Code as being of special and not general application.
#### Fred B. Elgin, defendant in error, v. Winifred L. Elgin, plaintiff in error.

Gen. No. 7,188.

Suit for divorce by husband. Decree granted on ground of cruelty. Error to the Circuit Court of Peoria county; the Hon. T. N. Green, Judge, presiding. Heard in this court at the April term, 1923.

Affirmed.

Opinion filed September 7, 1923.

Scholes & Pratt, for plaintiff in error. John B. King and C. H. Defier, for defendant in error.

Mr. Justice Jones

delivered the opinion of the court.
§ 3285.702 Miscellaneous lights and fixtures. ( a ) When the home is installed, exterior lighting fixtures, ceiling-suspended (paddle) fans, and chain-hung lighting fixtures are permitted to be installed in accordance with their listings and part 3280, subpart I of this chapter.
( b ) *Grounding.* ( 1 ) All the exterior lighting fixtures and ceiling fans installed per § 3285.702(a) must be grounded by a fixture-grounding device or by a fixture-grounding wire.
( 2 ) For chain-hung lighting fixtures, as shown in Figure A to this section, both a fixture-grounding device and a fixture-grounding wire must be used. The identified conductor must be the neutral conductor.
( c ) Where lighting fixtures are mounted on combustible surfaces such as hardboard, a limited combustible or noncombustible ring, as shown in Figures A and B to this section, must be installed to completely cover the combustible surface exposed between the fixture canopy and the wiring outlet box.
( d ) *Exterior lights.* ( 1 ) The junction box covers must be removed and wire-to-wire connections must be made using listed wire connectors.
( 2 ) Wires must be connected black-to-black, white-to-white, and equipment ground-to-equipment ground.
( 3 ) The wires must be pushed into the box, and the lighting fixture must be secured to the junction box.
( 4 ) The lighting fixture must be caulked around its base to ensure a watertight seal to the sidewall.
( 5 ) The light bulb must be installed and the globe must be attached.
( e ) *Ceiling fans.* ( 1 ) Ceiling-suspended (paddle) fans must be connected to junction box listed and marked for ceiling fan application, in accordance with Article 314.27(b) of the National Electrical Code, NFPA No. 70-2005 (incorporated by reference, see § 3285.4); and
( 2 ) The ceiling fan must be installed with the trailing edges of the blades at least 6 feet 4 inches above the finished floor; and
( 3 ) The wiring must be connected in accordance with the product manufacturer installation instructions.
( f ) *Testing.* ( 1 ) After completion of all electrical wiring and connections, including crossovers, electrical lights, and ceiling fans, the electrical system must be inspected and tested at the site, in accordance with the testing requirements of § 3280.810(b) of this chapter.
( 2 ) The installation instructions must indicate that each manufactured home must be subjected to the following tests: ( i ) An electrical continuity test to ensure that metallic parts are effectively bonded;
( ii ) Operational tests of all devices and utilization equipment, except water heaters, electric ranges, electric furnaces, dishwashers, clothes washers/dryers, and portable appliances, to demonstrate that they are connected and in working order; and
( iii ) For electrical equipment installed or completed during installation, electrical polarity checks must be completed to determine that connections have been made properly. Visual verification is an acceptable electrical polarity check.
[72 FR 59362, Oct. 19, 2007; 72 FR 62308, Nov. 2, 2007]
### §56. Conditions of delivery to States

The field notes, maps, records, and other papers mentioned in section 53 of this title, shall in no case be turned over to the authorities of any State, until such State has provided by law for the reception and safe-keeping of the same as public records, and for the allowance of free access to the same by the authorities of the United States.

(R.S. §2221.)

#### **Editorial Notes**

#### Codification

R.S. §2221 derived from acts Jan. 22, 1853, ch. 24, §3, 10 Stat. 152; June 6, 1874, ch. 223, §3, 18 Stat. 62.
### §300. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792

Section, acts Dec. 29, 1916, ch. 9, §10, 39 Stat. 865; Jan. 29, 1929, ch. 114, 45 Stat. 1144, set forth provisions authorizing reservation of land containing water holes.

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

#### Effective Date of Repeal

Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 704(a) is effective on and after Oct. 21, 1976.

#### Savings Provision

Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
### §424d. Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

In the absence of a contrary requirement in the contracts between the United States and the water users organization or district assuming liability for the payment of project construction charges, all sums collected under sections 424 to 424e this title from the sale of lands, from the payment of project construction charges on "temporarily unproductive" or "permanently unproductive" lands so sold, and (except as stated in this section) from water rentals, shall inure to the Reclamation Fund as a credit to the construction charge payable on May 16, 1930, by the water users under their present contracts, to the extent of the additional expense, if any, incurred by such water users in furnishing water to the unproductive area, while still in that status, as approved by the Commissioner of Reclamation and the balance as a credit to the sums heretofore written off in accordance with sections 423 to 423g and 610 of this title. Where water rental collections under sections 424 to 424e of this title are in excess of the current operation and maintenance charges, the excess as determined by the Secretary, shall, in the absence of such contrary contract provision, inure to the Reclamation Fund as above provided, but in all other cases the water rentals collected under sections 424 to 424e of this title shall be turned over to or retained by the operating district or association, where the project or part of the project from which the water rentals were collected is being operated and maintained by an irrigation district or water users association under contract with the United States.

(May 16, 1930, ch. 292, §5, 46 Stat. 368.)

#### **Editorial Notes**

#### References in Text

Sections 423 to 423g and 610 of this title, referred to in text, was in the original "said act of May 25, 1926", meaning act of May 25, 1926, ch. 383, 44 Stat. 636, which enacted sections 423 to 423g and 610 of this title. Section 610 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables.
### §661. Definitions

For the purposes of this chapter—

(1) "Secretary" means the Secretary of Transportation.

(2) "Board" means the Surface Transportation Board.

(3) "Railroad" means any rail carrier subject to part A of subtitle IV of title 49.

(4) "Certificate" means certificates issued by trustees of a railroad pursuant to subsection 77(c)(3) of the Bankruptcy Act, as amended.

(Pub. L. 91–663, §2, Jan. 8, 1971, 84 Stat. 1975; Pub. L. 104–88, title III, §325(1), Dec. 29, 1995, 109 Stat. 951.)

#### **Editorial Notes**

#### References in Text

Section 77(c)(3) of the Bankruptcy Act, referred to in par. (4), was classified to section 205(c)(3) of former Title 11, Bankruptcy. The Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544) was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§1161 et seq.) of chapter 11 of Title 11.

#### Amendments

1995—Par. (2). Pub. L. 104–88, §325(1)(A), added par. (2) and struck out former par. (2) which read as follows: " 'Commission' means the Interstate Commerce Commission."

Par. (3). Pub. L. 104–88, §325(1)(B), substituted "rail carrier subject to part A of subtitle IV of title 49" for "common carrier by railroad subject to part I of the Interstate Commerce Act (49 U.S.C. 1–27)".

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

#### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

#### Short Title

Pub. L. 91–663, §1, Jan. 8, 1971, 84 Stat. 1975, provided: "That this Act [enacting this chapter] may be cited as the 'Emergency Rail Services Act of 1970'."
#### § 50.35 Use of prior environmental assessments.

When other Federal, State, or local agencies have prepared an EA or other environmental analysis for a proposed HUD project, these documents should be requested and used to the extent possible. HUD must, however, conduct the environmental analysis and prepare the EA and be responsible for the required environmental finding.