alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
RO. Box 43020 * Phoenix, AZ 85080-3020

23636 North Seventh Street *Phoenix, AZ 85024

CENTRA ARIONA PROJET 623-869-2333 *www.cap-az.com

October 27, 2010

The Honorable Jared Blumenfeld

Regional Administrator

U.S. EPA Region 9

75 Hawthorne Street

San Francisco, CA 94105

Dear Administrator Blumenfeld:

As General Manager for the Central Arizona Project, I am writing to request a meeting with you next

month in order to discuss recent developments with EPA's BART determination on Navajo Generating

Station, and the potential ramifications for our organization.

As you may be aware, the Central Arizona Project is the largest single source of renewable water supplies

in the State of Arizona and, simultaneously, the largest single end-user of power in the State. Our interests

are inextricably linked with those of the Navajo Generating Station, which supplies 95% of the power

CAP needs to deliver water. The Navajo Generating Station and the Kayenta Coal Mine, which supplies

coal for the Navajo Generating Station, also serve as critical sources of employment and revenue for both

the Navajo Nation and the Hopi Tribe, populations that have long endured economic and living conditions

considerably worse than non-Tribal citizens of the United States and the State of Arizona.

The issue is compounded by the fact that not only do we rely on NGS power to pump the water, under an

act of Congress, excess power from the station is sold to help repay the construction costs of the CAP and

fund the costs of Indian water rights settlements in Arizona. Therefore, the decisions made by EPA

during this rulemaking process are of extreme importance to a diverse constituency including urban,

agricultural and Tribal water users of the state.

I would appreciate an opportunity to meet with you and to include CAP's Assistant General Managers

Marie Pearthree and Tom McCann. We can make ourselves available to meet you in San Francisco on

November 10 or November 22. 1 can be reached at 623.869.2331 or di-odeer(Th cap-az.corn.

Thank you in advance and we look forward to seeing you.

Best regards,

David Modeer

General Manager

cc: Anita Lee,, USEPA Region 9 Permits Office of Air Division

Colleen McKaughan, USEPA Region 9 Air Division
### §8316. Refund of contributions and deposits

(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title—

(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and

(2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;

shall be refunded, on appropriate application therefor—

(A) to the individual;

(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or

(C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be.

(b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—

(1) if the individual was convicted of an offense named by section 8312(b) of this title, or violated section 8314 or 8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or

(2) if the individual was convicted of an offense named by section 8312(c) of this title, or violated section 8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 563.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 2284(a), (b). | Sept. 26, 1961, Pub. L. 87–299, §1 "Sec. 4(a), (b)", 75 Stat. 644. |
| | 5 U.S.C. 2284a(b). | Sept. 26, 1961, Pub. L. 87–299, §1 "Sec. 5(b)", 75 Stat. 645. |

Statutes at Large

This section is reorganized for clarity and conciseness.

The words "and section 3282 of Title 18" in former section 2284(a) are omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### References in Text

Section 5 of the Uniform Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section 1438 of Title 10, Armed Forces.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S 10-KSB AS FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN
ITS ENTIRELY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       2,697,566
<SECURITIES>                                         0
<RECEIVABLES>                                9,527,130
<ALLOWANCES>                                 (296,148)
<INVENTORY>                                  1,018,383
<CURRENT-ASSETS>                            12,273,289
<PP&E>                                       4,204,491
<DEPRECIATION>                             (2,963,197)
<TOTAL-ASSETS>                              23,374,325
<CURRENT-LIABILITIES>                        6,217,656
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       389,693
<OTHER-SE>                                  16,300,434
<TOTAL-LIABILITY-AND-EQUITY>                23,374,325
<SALES>                                     22,143,570
<TOTAL-REVENUES>                            22,143,570
<CGS>                                       15,031,003
<TOTAL-COSTS>                               15,031,003
<OTHER-EXPENSES>                            14,431,877
<LOSS-PROVISION>                             (195,000)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (7,319,310)
<INCOME-TAX>                               (1,660,000)
<INCOME-CONTINUING>                        (5,659,310)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,659,310)
<EPS-PRIMARY>                                   (1.59)
<EPS-DILUTED>                                        0
        

</TABLE>
### **CHAPTER 48—AGENCY PERSONNEL DEMONSTRATION PROJECT**

Sec.
4801.
Nonapplicability of chapter 47.
4802.
Securities and Exchange Commission.
### §20147. Recovery and disposition authority

(a) Definitions.—In this section:

(1) Administration human space flight vehicle.—The term "Administration human space flight vehicle" means a space vehicle, as defined in section 20138(a) of this title, that—

(A) is intended to transport one or more persons;

(B) is designed to operate in outer space; and

(C) is either—

(i) owned by the Administration; or

(ii) owned by an Administration contractor or cooperating party and operated as part of an Administration mission or a joint mission with the Administration.

(2) Crewmember.—The term "crewmember" means an astronaut or other person assigned to an Administration human space flight vehicle.

(b) Control of Remains.—

(1) In general.—Subject to paragraphs (2) and (3), when there is an accident or mishap resulting in the death of a crewmember of an Administration human space flight vehicle, the Administrator may take control over the remains of the crewmember and order autopsies and other scientific or medical tests.

(2) Treatment.—Each crewmember shall provide the Administrator with the crewmember's preferences regarding the treatment accorded to the crewmember's remains and the Administrator shall, to the extent possible, respect those stated preferences.

(3) Construction.—This section shall not be construed to permit the Administrator to interfere with any Federal investigation of a mishap or accident.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 20147 | 42 U.S.C. 2459l. | Pub. L. 85–568, title III, §317, as added Pub. L. 109–155, title VII, §705, Dec. 30, 2005, 119 Stat. 2936. |

Section
**EXHIBIT 32**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 on Form 10-Q (the “Report”) of Double Eagle PetroleumCo. (the “Company”) for the quarter ended September 30, 2005, each of Stephen H. Hollis, the ChiefExecutive Officer, and David C. Milholm, the Chief Financial Officer, of the Company, herebycertifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of the undersigned’s knowledge and belief: (1) theReport fully complies with the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934; and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.     Dated: November 10, 2005 /s/ Stephen H. Hollis     Stephen H. Hollis    Chief Executive Officer         /s/ David C. Milholm         David C. Milholm    Chief Financial Officer
#### The People of the State of New York, Respondent, v Scipio Wheeler, Appellant.

Judgment insofar as it imposes sentence unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to a maximum term of life and a minimum term of 15 years and, as so modified, affirmed. Memorandum: A review of the record reveals that appellant has been incarcerated on only one previous occasion when he served a one-year sentence following a grand larceny conviction in 1965. The incident which resulted in the death of the victim in the instant case was one which the victim himself provoked by threatening the life of the defendant. Under these circumstances the sentence imposed was excessive. (Appeal from judgment of Monroe Supreme Court—murder, second degree.) Present—Moule, J. P., Cardamone, Simons, Dillon and Hancock, Jr., JJ.
§ 1908.02 Definitions. For purposes of this part, the following terms have the meanings as indicated: ( a ) Agency or CIA means the United States Central Intelligence Agency acting through the CIA Information and Privacy Coordinator;
( b ) *Days* means calendar days when the Agency is operating and specifically excludes Saturdays, Sundays, and legal public holidays. Three (3) days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten (10) days may be added if responding by international mail;
( c ) *Control* means ownership or the authority of the CIA pursuant to Federal statute or privilege to regulate official or public access to records;
( d ) *Coordinator* means the CIA Information and Privacy Coordinator who serves as the Agency manager of the information review and release program instituted under the mandatory declassification review provisions of Executive Order 13526;
( e ) *Federal agency* means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);
( f ) *Information* means any knowledge that can be communicated or documentary material, regardless of its physical form that is owned by, produced by or for, or under the control of the United States Government; it does not include: ( 1 ) Information within the scope of the CIA Information Act, or
( 2 ) Information originated by the incumbent President, White House Staff, appointed committees, commissions or boards, or any entities within the Executive Office that solely advise and assist the incumbent President;
( g ) *Interested party* means any official in the executive, military, congressional, or judicial branches of government, United States or foreign, or U.S. Government contractor who, in the sole discretion of the CIA, has a subject matter or physical interest in the documents or information at issue;
( h ) *NARA* means the National Archives and Records Administration;
( i ) *Originator* means the CIA officer who originated the information at issue, or successor in office, or a CIA officer who has been delegated declassification authority for the information at issue in accordance with the provisions of this Order;
( j ) *Presidential libraries* means the libraries or collection authorities established by statute to house the papers of former Presidents Hoover, Roosevelt, Truman, Eisenhower, Kennedy, Nixon, Ford, Carter, Reagan, Bush and similar institutions or authorities as may be established in the future;
( k ) *Referral* means coordination with or transfer of action to an interested party;
( l ) *The Order* means Executive Order 13526 of December 29, 2009 and published at 75 FR 707 (or successor Orders);
( m ) *Agency Release Panel (ARP)* refers to the Agency's forum for reviewing information review and release policy, the adequacy of resources available to all Agency declassification and release programs, and hearing appeals in accordance with this section.
[62 FR 32495, June 16, 1997, as amended at76 FR 59033, Sept. 23, 2011]
### §4117. Administration

The Office of Personnel Management has the responsibility and authority for effective promotion and coordination of the training programs under this chapter and training operations thereunder. The functions, duties, and responsibilities of the Office under this chapter are subject to supervision and control by the President and review by Congress.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95–454, title IX, §906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 2301(4). | July 7, 1958, Pub. L. 85–507, §2(4), 72 Stat. 328. |
| | 5 U.S.C. 2318(e). | July 7, 1958, Pub. L. 85–507, §19(e), 72 Stat. 336. |

Statutes at Large

Former sections 2301(4) and 2318(e) are combined and restated for clarity.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

1978—Pub. L. 95–454 substituted "Office of Personnel Management" and "Office" for "Civil Service Commission" and "Commission", respectively.

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

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

#### **Executive Documents**

#### Department of Homeland Security

Exception from provisions of this section of those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis, see Ex. Ord. No. 13286, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security.

#### Central Intelligence Agency

Exception of Central Intelligence Agency from certain provisions of this section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under section 4102 of this title.
**Exhibit 23.2**

 

**CONSENT OF INDEPENDENT REGISTEREDPUBLIC ACCOUNTING FIRM**

 

We hereby consentto the incorporation by reference in the Registration Statement on Form S-3(No. 333-78051) and Form S-8 (No. 333-69827, 033-65142,033-62718, 033-49704, 333-107932, 333-78051 and 333-127394) of Hickory TechCorporation of our report dated March 14, 2007 relating to the financialstatements and financial statement schedules, which appears in this Form 10-K..

 

/s/PricewaterhouseCoopers LLP

 

 

Minneapolis, Minnesota

February 28, 2008

 

----
Opinion filed December 5, 2019

In The

Eleventh Court of Appeals 

___________

No. 11-19-00049-CR

___________

LUIS RIVERA A/K/A LUIS RIVERA CINTRON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 35th District Court

Brown County, Texas

Trial Court Cause No. CR26135

M E M O R A N D U M O P I N I O N

Appellant, Luis Rivera a/k/a Luis Rivera Cintron, waived a jury and entered 

an open plea of guilty to sexual assault of a child. Appellant also pleaded true to a

felony enhancement allegation, and the trial court ordered a presentence 

investigation report. The trial court convicted Appellant, found the habitualoffender enhancement allegation to be true, and assessed Appellant’s punishment at 

confinement for life. We affirm.
2

Appellant’s court-appointed counsel has filed a motion to withdraw. The 

motion is supported by a brief in which counsel professionally and conscientiously 

examines the record and applicable law and concludes that the appeal is without 

merit as there are no arguable issues to raise in this appeal. Counsel has provided 

Appellant with a copy of the brief, the motion to withdraw, an explanatory letter, 

and a copy of the clerk’s record and the reporter’s record. Counsel advised Appellant 

of his right to review the record and file a response to counsel’s brief. Counsel also 

advised Appellant of his right to file a petition for discretionary review in order to 

seek review by the Texas Court of Criminal Appeals. Court-appointed counsel has 

complied with the requirements of Anders v. California, 386 U.S. 738 (1967);

Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 

403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 

1991). 

Appellant subsequently filed a response to counsel’s Anders brief. We have 

reviewed Appellant’s response. In addressing an Anders brief and a pro se response, 

a court of appeals may only determine (1) that the appeal is wholly frivolous and 

issue an opinion explaining that it has reviewed the record and finds no reversible 

error or (2) that arguable grounds for appeal exist and remand the cause to the trial 

court so that new counsel may be appointed to brief the issues. Schulman, 252 

S.W.3d at 409; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 

Following the procedures outlined in Anders and Schulman, we have independently 

reviewed the record, and we agree with counsel that no arguable grounds for appeal 

exist.

1

 

1We note that Appellant has a right to file a petition for discretionary review pursuant to TEX. R.

APP. P. 68.
3

We grant counsel’s motion to withdraw, and we affirm the judgment of the 

trial court.

PER CURIAM

December 5, 2019

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J.2

Willson, J., not participating.

 

2

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, 

sitting by assignment.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1098 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
H. RES. 1098

  Supporting the designation of April 2024 as ``National Native Plant 
                                Month''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2024

  Mr. Neguse (for himself, Mr. Joyce of Ohio, Mr. Case, and Mr. Buck) 
submitted the following resolution; which was referred to the Committee 
                          on Natural Resources

_______________________________________________________________________

                               RESOLUTION

 
  Supporting the designation of April 2024 as ``National Native Plant 
                                Month''.

Whereas native plants are indigenous species that have evolved and occur 
        naturally in a particular region, ecosystem, and habitat;
Whereas there are more than 17,000 native plant species in the United States, 
        which include trees, shrubs, vines, grasses, and wildflowers;
Whereas native plants help prevent flooding, drought, and erosion and can help 
        restore damaged ecosystems;
Whereas native plants provide shelter as well as nectar, pollen, and seeds that 
        serve as food for native butterflies, insects, birds, and other wildlife 
        in ways that non-native plants cannot;
Whereas more than 200 of the native plant species in the United States are 
        estimated to have been lost since the early 19th century;
Whereas habitat loss and degradation, extreme weather events, and invasive 
        species have contributed to the decline of native plants in the United 
        States; and
Whereas native plants are essential components of resilient ecosystems and the 
        natural heritage of the United States: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the designation of ``National Native Plant 
        Month''; and
            (2) recognizes the benefits of native plants to the 
        environment and economy of the United States.
                                 <all>
```
#### § 1290.6 Significant changes.

This revision incorporates the DoD requirement for referral of traffic violations occurring on military installations to the Federal or local magistrate.