alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II 

Calendar No. 85 

115TH CONGRESS 

1ST SESSION S. 590 

[Report No. 115–67] 

To authorize the Secretary of Agriculture to maintain or replace certain 

facilities and structures for commercial recreation services at Smith 

Gulch in Idaho, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2017 

Mr. RISCH (for himself and Mr. CRAPO) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

MAY 16, 2017 

Reported by Ms. MURKOWSKI, without amendment 

A BILL 

To authorize the Secretary of Agriculture to maintain or 

replace certain facilities and structures for commercial 

recreation services at Smith Gulch in Idaho, and for 

other purposes. 

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


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•S 590 RS

1 SECTION 1. MAINTENANCE OR REPLACEMENT OF FACILI2 TIES AND STRUCTURES AT SMITH GULCH. 

3 The authorization of the Secretary of Agriculture to 

4 maintain or replace facilities or structures for commercial 

5 recreation services at Smith Gulch under section 

6 3(a)(24)(D) of the Wild and Scenic Rivers Act (16 U.S.C. 

7 1274(a)(24)(D))— 

8 (1) may include improvements or replacements 

9 that the Secretary of Agriculture determines— 

10 (A) are consistent with section 9(b) of the 

11 Central Idaho Wilderness Act of 1980 (16 

12 U.S.C. 1281 note; Public Law 96–312); and 

13 (B) would reduce the impact of the com14 mercial recreation facilities or services on wil15 derness or wild and scenic river resources and 

16 values; and 

17 (2) authorizes the Secretary of Agriculture to 

18 consider including, as appropriate— 

19 (A) hydroelectric generators and associated 

20 electrical transmission facilities; 

21 (B) water pumps for fire suppression; 

22 (C) transitions from propane to electrical 

23 lighting; 

24 (D) solar energy systems; 

25 (E) 6-volt or 12-volt battery banks for 

26 power storage; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•S 590 RS

1 (F) other improvements or replacements 

2 which are consistent with this section that the 

3 Secretary of Agriculture determines appro4 priate. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
Calendar No. 85 

115TH CONGRESS 

1ST SESSION S. 590 

[Report No. 115–67] 

A BILL 

To authorize the Secretary of Agriculture to mainGulch in Idaho, and for other purposes. for commercial recreation services at Smith tain or replace certain facilities and structures 

MAY 16, 2017 

Reported without amendment 


asabaliauskas on DSK3SPTVN1PROD with BILLS
1 R ule 10 (Cou rt of Appeals). Affi rmance W it hout Opini on .-- (a) The Court , wi th t he concurr ence of all

judges part ici pati ng in the case, may affi rm the acti on of t he tr ial court by or der wi thout rende ri ng a formal opini on when an opini on would have no precedent ial val ue and one or more of the f oll owing ci rcumstances ex ist a nd are dis po sitiv e o f th e a pp ea l: (1) T he C ourt c onc urs in the fa cts a s fou nd o r as f oun d by ne ces sar y imp lication b y the trial co urt. (2 ) T he re is m ate ria l ev ide nc e to su pp or t the ve rd ict o f th e ju ry. (3) No r eversi ble er ror of law app ears. 

# FILED

September 18, 1996 Cecil W. Crowson Ap pellate Cou rt Clerk IN THE COU RT OF A PPEA LS OF TENN ESSEE WESTERN SECTION AT NA SHVILLE

JEFFREY A. THOMPSON, a minor ) by his next friend and guardian, ) Davi dson Circu it No. 93C -3547 TREIVA GRIFFIN, ) ) A ppeal No. 01A

01-9604-CV-001 46 Plaintiff/Appellant, ) ) vs. ) ) JOHN A. DY ER, ) ) Defendant/Appellee. )

RULE 10 ORD ER A ND OPINION

This appears to be a proper matter for considerati on pursuant to C ourt of Appeals Rule 10(a). 1

This is a personal injury actio n arising o ut of a n autom obile ac cident . Following a trial, the jury

returned averdict

in favor of defend ant. The sole issue raised by plaintiff is whether the jury v erdict w as contrary to the wei ght of the evi dence.

We note at the outset that plaintiff has mi scharacteri zed our sta ndard of revi ew on appeal. The pertinent inq uiry is not whether

the verdi ct was c ontrary t o the weig ht of the evidence becaus e appel late c ourts ma y not re we igh the evidence on appeal from a jury verdict. Grissom v . Metropoli tan Gov’t. , 817 S.W .2d 679, 684 (Tenn . App. 1991). Where,

as here, a t rial judge has approved a jury’s verdict, our standard of review is whether there is any materia l evidence to support the verdict. T.R.A.P. 13(d ). Thus, we w ill set as ide a judgment on a jury verdict only where the record contains no material evidence to supp ort the verdic

t. Foster v . Bue , 749 S.W .2d 736, 741 (Tenn . 1988).

From our re view of the re cord , we conclude that there was

evidence pr

esented at2

trial from which t he jury c ould have conc luded that defendant w as not negli gent. The trial judge agreed with the jury’s determination in this regard and approved t he verdic t. (TR 57) Acco rdin gly, we find that t here exis ts material ev ide nce in the record to s upport the judgm ent b elow.

The judgment of the tr ial court i s affirmed in toto . Costs of this appeal are adjud ged against appel lant.

HIGHERS, J.

CRAWFORD, P.J., W.S.

CANTRELL, J.
Exhibit 23.4

LEE KEELING AND ASSOCIATES, INC.

PETROLEUM CONSULTANTS

|TULSA OFFICE
First Place Tower
15 East Fifth Street  Suite 3500
Tulsa, Oklahoma 74103-4350
(918) 587-5521  Fax: (918) 587-2881 |  | HOUSTON OFFICE
Kellog Brown and Root Tower
601 Jefferson Ave.  Suite 3690
Houston, Texas 77002-7912
(713) 651-8006  Fax: (281) 754-4934
|-------------------------------------------------------------------------------------------------------------------------------- |  | -----------------------------------------------------------------------------------------------------------------------------------------

CONSENT OF INDEPENDENT PETROLEUM ENGINEERS

As independent petroleum engineers, Lee Keeling and Associates, Inc. hereby consents to all references to our firm included in or made a part of the EXCO
Resources, Inc. Annual Report on Form 10-K for the year ended December 31, 2007 and further consents to the incorporation by reference in the Registration Statements
on Form S-8 (File Nos. 333-132551, 333-133481 and 333-146376) and the Registration Statements on Form S-3 (File Nos.
333-142361 and 333-145885) of EXCO Resources, Inc. of information from our reserve report dated February 7, 2008 on the estimated proved oil and natural gas
reserve quantities of EXCO Resources, Inc. and its consolidated subsidiaries presented as of December 31, 2007.

|/s/ LEE KEELING AND ASSOCIATES, INC.LEE KEELING AND ASSOCIATES, INC. |  | 
|-------------------------------------------------------------------- |  | 

Tulsa,
Oklahoma
February 28, 2008

---



QuickLinks
### §63. Liability of principal for act of agent

When construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by any person, within the scope of his employment or office, shall in every case be deemed also the act, omission, or failure of such person as well as that of such agent, officer, or other person.

(Mar. 4, 1923, ch. 288, §11, 42 Stat. 1519.)

#### **Editorial Notes**

#### Codification

Section is composed of the second sentence of section 11 of act Mar. 4, 1923. The first sentence of section 11 is contained in section 62 of this title.
RECEIVED U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

SEP 1 7 2014 

----------HEARING DOCKET 

JOHN WALSH 

FAA DOCKET NO. 2014-0548 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

RESPONDENT'S ANSWER 

Respondent, jOHN WALSH, by and through his undersigned attorney, pursuant 

to 14 CFR 13.209, herewith answers the Complaint and states: 

1. Admitted. 

2. Admitted. 

3. Admitted. 

4. Respondent is without sufficient knowledge to admit or deny the 

allegations of paragraph 3 and, therefore, denies same and demands strict proof 

thereof. 

5. The allegations regarding the advertisements are admitted, but such 

advertisements did not seek compensation. 

6. Denied as to the relevant time period in this matter. 

7. Denied. 

8. Denied as to the relevant time period in this matter. 

9. Denied. 

10. No response required to this allegation. 
11. Denied. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that the foregoing has been served on this 

September, 2014, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

By email and regular U. S. Mail 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, D. C., 20591 

and that a copy was served upon: 

Honorable). E. Sullivan 

Office of Hearings, M-20 

S. Department of Transportation 

1200 New jersey Avenue, S. E. (Ell-310) 

Washington, D. C., 20590 

By Facsimile: (202) 366-7536 

By email to: coty.smith@dot.gov 

and regular U. S. Mail 

" Stuart A. Goldstein 

STUART A. GOLDSTEIN, P. A. 

7300 NORTH KENDALL DRIVE, SUITE 380, MIAMI, FL 33156 

T: [305) 670-1222 F: [305) 400-0685 STUARTGOLDSTEINPA@ATT.NET 

2 

~L vj day of
### §1632c. Acer access and development program

#### (a) Grants authorized

The Secretary of Agriculture may make competitive grants to States, tribal governments, and research institutions to support the efforts of such States, tribal governments, and research institutions to promote the domestic maple syrup industry through the following activities:

(1) Promotion of research and education related to maple syrup production.

(2) Promotion of natural resource sustainability in the maple syrup industry.

(3) Market promotion for maple syrup and maple-sap products.

(4) Encouragement of owners and operators of privately held land containing species of trees in the genus Acer—

(A) to initiate or expand maple-sugaring activities on the land; or

(B) to voluntarily make the land available, including by lease or other means, for access by the public for maple-sugaring activities.

#### (b) Application

In submitting an application for a competitive grant under this section, a State, tribal government, or research institution shall include—

(1) a description of the activities to be supported using the grant funds;

(2) a description of the benefits that the State, tribal government, or research institution intends to achieve as a result of engaging in such activities; and

(3) an estimate of the increase in maple-sugaring activities or maple syrup production that the State, tribal government, or research institution anticipates will occur as a result of engaging in such activities.

#### (c) Rule of construction

Nothing in this section shall be construed so as to preempt a State or tribal government law, including a State or tribal government liability law.

#### (d) Definition of maple-sugaring

In this section, the term "maple-sugaring" means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food.

#### (e) Regulations

The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section.

#### (f) Authorization of appropriations

There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2023.

(Pub. L. 113–79, title XII, §12306, Feb. 7, 2014, 128 Stat. 988; Pub. L. 115–334, title XII, §12501, Dec. 20, 2018, 132 Stat. 4982.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Agricultural Act of 2014, and not as part of the Agricultural Marketing Act of 1946 which comprises this chapter.

#### Amendments

2018—Subsec. (f). Pub. L. 115–334 substituted "2023" for "2018".
1239.203-70 Information and communication technology accessibility standards—contract clause and provision. ( a ) The contracting officer shall insert the provision at 1252.239-92, Information and Communication Technology Accessibility Notice, in all solicitations.
( b ) The contracting officer shall insert the clause at 1252.239-93, Information and Communication Technology Accessibility, in all contracts and orders.
Editorial Note on Part 842
Editorial Note: Nomenclature changes to part 842 appear at 81 FR 83688, Nov. 22, 2016.

§ 842.93 Statute of limitations. ( a ) A claim must be filed in writing within 2 years after it accrues. It is deemed to be filed upon receipt by The Judge Advocate General, USAF/JACC, or a Staff Judge Advocate of the Air Force. A claim accrues when the claimant discovers or reasonably should have discovered the existence of the act that resulted in the claimed loss. The same rules governing accrual pursuant to the Federal Tort Claims Act should be applied with respect to the National Guard Claims Act. Upon receipt of a claim that properly belongs with another military department, the claim is promptly transferred to that department.
( b ) The statutory time period excludes the day of the incident and includes the day the claim was filed.
( c ) A claim filed after the statute of limitations has run is considered if the U.S. is at war or in an armed conflict when the claim accrues or if the U.S. enters a war or armed conflict after the claim accrues, and if good causes shows how the war or armed conflict prevented the claimant from diligently filing the claim within the statute of limitations. But in no case will a claim be considered if filed more than two years after the war or armed conflict ends.
[81 FR 83697, Nov. 22, 2016]
November 18, 1974.

Appeal No. 74-295.

#### Samuel D. Mott *et al. v.*Robert F. Burns *et al.*

*F. Albert Starr,*Town Solicitor, for plaintiff Barbara Sprague. *Tillinghast, Collins & Graham, Edward J. Regan,*for Henry G. Hutchinson. *Richard J. Israel,*Attorney General, for defendants.

Motion of plaintiff Barbara Sprague, Chairman of the Board of Canvassers of the Town of New Shoreham, for immediate consideration of the pending appeal in the above-entitled matter is granted. Further briefs for all other interested parties are to be filed no later than November 26, 1974, and the matter is assigned for hearing to December 2, 1974.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         155,101
<SECURITIES>                                   178,938
<RECEIVABLES>                                  411,947
<ALLOWANCES>                                         0
<INVENTORY>                                    343,566
<CURRENT-ASSETS>                             1,202,878
<PP&E>                                         764,671
<DEPRECIATION>                                 361,075
<TOTAL-ASSETS>                               1,925,655
<CURRENT-LIABILITIES>                          432,922
<BONDS>                                        274,602
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,222
<OTHER-SE>                                   1,146,414
<TOTAL-LIABILITY-AND-EQUITY>                 1,925,655
<SALES>                                      1,380,891
<TOTAL-REVENUES>                             1,380,891
<CGS>                                          843,247
<TOTAL-COSTS>                                  925,747
<OTHER-EXPENSES>                               233,611
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              26,355
<INCOME-PRETAX>                               (12,186)
<INCOME-TAX>                                   (4,631)
<INCOME-CONTINUING>                            (7,555)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,555)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                        0


</TABLE>
#### The People of the State of New York, Respondent, v Willie Scott, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 3, 1978, convicting him of rape in the first degree and sodomy in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed and case remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5). Defendant was indicted for the crimes of rape in the first degree, sodomy in the first degree and sexual abuse in the first degree; he was tried without a jury. At the close of the trial, the Trial Judge found defendant guilty of the rape and sodomy counts, and dismissed the sexual abuse count as a lesser inclusory offense of the rape count. Concededly, the Trial Judge did not, prior to defense counsel’s summation, state upon the record the counts upon which he intended to render a verdict (see CPL 320.20, subd 5). However, since defendant was convicted of offenses specified in the indictment, and not of a lesser included offense, the error was harmless beyond a reasonable doubt (see *People v Chapman,*60 AD2d 584). We have examined defendant’s other contentions and find them to be without merit. Suozzi, J. P., Gulotta, Shapiro and Margett, JJ., concur.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

 FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ROBERT HUGHES HARRIS,

Appellant,

v. Case No. 5D17-3587

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 23, 2018

3.850 Appeal from the Circuit Court 

for Orange County,

Leticia J. Marques, Judge.

Robert Hughes Harris, Raiford, pro se.

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Andrea K. Totten, 

Assistant Attorney General, Daytona 

Beach, for Appellee.

PER CURIAM.

Robert Harris appeals the summary denial of his motion for postconviction relief 

filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Two, 

Four, Five, Six, Seven, and Eight. However, because the record does not conclusively

refute Harris’s sufficiently pled claim that counsel was ineffective for failing to ask for an 

alibi instruction, we reverse the summary denial of Ground One and remand for 
2

attachment of portions of the record conclusively refuting this claim or for an evidentiary 

hearing. See Freeman v. State, 761 So. 2d 1055, 1061 (Fla. 2000) ("[A] defendant is 

entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, 

files, and records in the case conclusively show that the prisoner is entitled to no relief, 

or (2) the motion or a particular claim is legally insufficient." (citing Maharaj v. State, 684 

So. 2d 726 (Fla. 1996))). We also reverse the summary denial of Ground Three, 

regarding counsel’s alleged misleading advice on Harris’s right to testify, and remand for 

an evidentiary hearing. Simon v. State, 47 So. 3d 883, 886 (Fla. 3d DCA 2010) 

(concluding evidentiary hearing is usually necessary to determine whether counsel’s 

advice not to testify is deficient).

AFFIRMED in part, REVERSED in part, and REMANDED.

BERGER, LAMBERT and EISNAUGLE, JJ., concur
### §7514. Incorporation of additional commodities

#### (a) In general

The Secretary shall administer the program authorized under this chapter in a manner that incorporates into the program additional commodities purchased by the Secretary under section 7515 of this title to be distributed to States for use in such States by emergency feeding organizations, as defined in section 7501(1) 1 of this title. Such additional commodities, to the extent practicable and appropriate, shall include commodities purchased within a given State for distribution within such State.

#### (b) Supplement commodities available

The Secretary shall supplement the commodities made available to emergency feeding organizations under sections 7502 and 7507(a) of this title with nutritious and useful commodities purchased by the Secretary under section 7515 of this title.

(Pub. L. 98–8, title II, §213, as added Pub. L. 100–435, title I, §104, Sept. 19, 1988, 102 Stat. 1648.)

#### **Editorial Notes**

#### References in Text

Section 7501 of this title, referred to in subsec. (a), was subsequently amended, and section 7501(1) no longer defines the term "emergency feeding organization". However, such term is defined elsewhere in that section.

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

#### Effective Date

Section to be effective and implemented on Oct. 1, 1988, see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.

1 See References in Text note below.
NEW YORK, NY TYSONS CORNER, VA CHICAGO,IL STAMFORD, CT PARSIPPANY, NJ BRUSSELS, BELGIUM

AFFILIATE OFFICES MUMBAI. INDIA By Hand Delivery Ms. DorothyY. Beard KELLEY DRYE & WARREN LLP A LIMITED LIABILITY PARTNERSHIP 3050 K STREET, N.W. SUITE 400 WASHINGTON, D.C. 20007 (202) 342-8400

October 19,2010 Director, Office ofInformation Services Department ofTransportation 1200New JerseyAvenue, SE M-30, Room W12-140 Washington, D.C. 20590 Re: Application ofUPS Europe SAandUPS International, Inc. for an Exemption (Sudan), Docket OST-2010-0257 DearMs. Beard: FACSIMILE (202) 342-8451 www.kelleydrye.com
DIRECT LINE (202) 342-8528 EMAIL dfisher@kelleydrye.com

N r::

On October 13,2010, UPS Europe SA and UPS International, Inc. (the "Applicants") filed anApplication for an exemption from the provisions ofthe Department's OrderNo. 98-2-5 ("Sudan Order") so as to permitthe Applicants to operate four (4) one-way air freight forwarding movements to Sudan to transport medicineto treat tuberculosis. The Applicants polled all persons served with the Application and hereby inform the Department that no party has any objection to the Application. Accordingly, the Applicants request that the Department grant the Application as soon as possible. Thank you for your assistance.

cc: All parties (via e-mail) Brett Kmger (via e-mail)

DCOI/FISHD/429673.1

# {1:It~ Danielle K. Fisher