DOCSLIB.ORG

Federal Register/Vol. 66, No. 16/Wednesday, January 24, 2001/Notices

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Federal Register/Vol. 66, No. 16/Wednesday, January 24, 2001/Notices Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Notices 7657 DEPARTMENT OF THE INTERIOR existing Sport Fish and Wildlife Further Description of Eligibility for Restoration Programs. These funds are Funding for Both Programs Fish and Wildlife Service to be ‘‘used for the development, Wildlife Conservation and Restoration revision, and implementation of wildlife Program (Commerce, Justice, State $50 Million FY 2001 Wildlife conservation and restoration plans and Appropriation Act) Conservation and Restoration programs * * * for the planning and Account, $50 Million FY 2001 State implementation of its wildlife States and Territories shall not use Wildlife Grants Program conservation and restoration program Wildlife Conservation and Restoration Program funds to replace existing AGENCY: Fish and Wildlife Service, and wildlife conservation strategy, Federal Aid funds available to them. Interior. including wildlife conservation, wildlife conservation education, and wildlife- Funds may be used for new programs, ACTION: Notice of availability and associated recreation projects. Priority including development of the Wildlife description of processes to obtain for funding from the Wildlife Conservation and Restoration Program grants. Conservation and Restoration account and projects and enhancement of SUMMARY: Title IX of Commerce, Justice, shall be for those species with the existing programs and projects. Priority State Appropriations Act (Wildlife greatest conservation need as defined by for funding shall be for those species Conservation and Restoration Account) the State wildlife conservation and with the greatest conservation need as and Title VIII of the Interior restoration program.’’ defined by the State or Territory’s Appropriations Act (Land Conservation, The Interior Appropriations Act program. An agency is not eligible if Preservation and Infrastructure provides $50 million for FY 2001 for a ‘‘sources of revenue’’ available to it for Improvement) authorize two separate State Wildlife Grants Program, a cost- the conservation of wildlife after appropriations to provide grant funds to shared, competitively awarded, project- January 1, 2000, are diverted. States and U.S. Territories to enhance based program. Report language The Wildlife Conservation and fish and wildlife conservation and accompanying the Act provides: ‘‘The Restoration Program contains two restoration. funds should not be distributed based program elements not found in the on formula basis and every effort should existing Wildlife Restoration (Pittman- DATES: be made to leverage the Federal funding Robertson Act) portion of the Federal —State program and plan descriptions to the maximum extent possible * * * Aid program, ‘‘wildlife-associated are due by March 1, 2001. the Service shall not provide a grant to recreation’’ and ‘‘wildlife conservation —The Service will determine any State unless the State has, or education.’’ Wildlife-associated compliance with the criteria and commits to develop * * * a required recreation projects are those intended to initiate apportionments of Wildlife conservation plan.’’ meet the demand for outdoor activities Conservation and Restoration Program The Fish and Wildlife Service has associated with wildlife. This includes, funds by April 1, 2001. determined that States will use just one but is not limited to, such activities as —States must submit proposals for the planning process to meet the criteria for hunting and fishing, wildlife competitively-based State Wildlife the required conservation plans under observation and wildlife photography, Grants Program by May 1, 2001. the Commerce, Justice, State and projects such as construction or —The Service Director will determine Appropriations Act and the Interior restoration of wildlife viewing areas, which proposals are to be funded by Appropriations Act. observation towers or platforms, trails, July 1, 2001. trail heads, water access points, and ADDRESSES: Kris E. LaMontagne, Chief, More Detailed Information on Due Dates access for such activities and projects. Division of Federal Aid, U.S. Fish and Wildlife conservation education Wildlife Service, 4401 North Fairfax State program and plan descriptions projects are intended to foster Drive, Suite 140, Arlington, VA 22003. to satisfy the requirements for the FY responsible natural resources FOR FURTHER INFORMATION CONTACT: Kris 2001 Wildlife Conservation and stewardship and includes public E. LaMontagne, Chief, Division of Restoration Program and the FY 2001 outreach. Federal Aid, at the above address. State Wildlife Grants Program are due The State Plan Elements SUPPLEMENTARY INFORMATION: by March 1, 2001. The Service will determine compliance with the criteria States and territories are to submit a Descriptions of Both Programs no later than April 1, 2001, and initiate description of their plan by March 1, Title IX of Commerce, Justice, State apportionments of Wildlife 2001, and if approved, qualifies a State Appropriations Act (Wildlife Conservation and Restoration Program to receive funds under both the Wildlife Conservation and Restoration Account) funds to those States whose Plan Conservation and Restoration Program and Title VIII of the Interior description satisfies the requirements of and the State Wildlife Grants Program. Appropriations Act (Land Conservation, the Wildlife Conservation and Submission of this information Preservation and Infrastructure Restoration Program. The Service will constitutes a commitment by the State Improvement) authorize two separate assist those States whose responses to develop a Wildlife Conservation appropriations to provide grant funds to initially do not meet the statutory Strategy within five years. Each Plan States and U.S. Territories to enhance criteria in fulfilling these requirements. must include a description of the four fish and wildlife conservation and States must submit proposals for the statutory elements of the Program as restoration. competitively-based State Wildlife follows: The Commerce, Justice, State Grants Program by May 1, 2001. Only a 1. The State fish and wildlife agency Appropriations Act provides $50 State whose Program and Plan must have the authority to develop and million in FY 2001 by creating and description was submitted and implement the Wildlife Conservation authorizing a subaccount under the approved pursuant to the preceding and Restoration Program. Under this Pittman-Robertson Act for a Wildlife paragraph may apply. The Service requirement, a State should cite existing Conservation and Restoration Program, Director will determine no later than statutory or constitutional authority to a formula-based apportionment to States July 1, 2001, which proposals are to be protect and manage wildlife. Such and Territories similar to that in the funded. authority should include authority that VerDate 11<MAY>2000 18:46 Jan 23, 2001 Jkt 194001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24JAN1.SGM pfrm10 PsN: 24JAN1 7658 Federal Register / Vol. 66, No. 16 / Wednesday, January 24, 2001 / Notices covers both game and nongame species implementation of the program or plan (g) during the development, as well as authority to undertake and how it intends to involve the public implementation, review, and revision of wildlife-associated recreation projects in development of a comprehensive the wildlife conservation strategy, and wildlife-conservation education strategy over the next five years. provides for coordination by the State projects. If the State wildlife agency 4. What is the State’s commitment to fish and wildlife department with does not have authority for any of these development of a wildlife conservation Federal, State, and local agencies and items but another State agency does, the strategy? Within five years of the date of Indian Tribes that manage significant State wildlife agency might still qualify their initial apportionment, the Service areas of land or water within the State, requires States to develop and begin if it were delegated ‘‘overall or administer programs that implementation of a wildlife responsibility and accountability’’ for significantly affect the conservation of conservation strategy based upon the the Wildlife Conservation and species or their habitats as identified in Restoration program by the other best available scientific information that: a State’s Wildlife Conservation and agency. Restoration Program Plan. 2. Eligible projects include: (a) uses such information on the (a) The development and distribution and abundance of species of The Wildlife Conservation and implementation of new wildlife wildlife, including declining species as Restoration Program is statutorily conservation projects and/or projects the State fish and wildlife department established as a subaccount of the that supplement existing wildlife deems appropriate, that show the existing Federal Aid in Wildlife programs, with appropriate diversity and health of wildlife of the Restoration Fund. Except as expressly consideration to all wildlife and priority State; provided otherwise, the disbursement of for those species with the greatest (b) identifies the extent and condition funds for the Federal share of individual of wildlife habitats and community conservation need, as defined by the projects approved under this program types essential to the conservation of State or Territory’s program. As a will be conducted in the same manner species, focusing on species identified practical matter, a State must describe as, and under the existing
Load more

Recommended publications
  • OGC-98-5 U.S. Insular Areas: Application of the U.S. Constitution
    United States General Accounting Office Report to the Chairman, Committee on GAO Resources, House of Representatives November 1997 U.S. INSULAR AREAS Application of the U.S. Constitution GAO/OGC-98-5 United States General Accounting Office GAO Washington, D.C. 20548 Office of the General Counsel B-271897 November 7, 1997 The Honorable Don Young Chairman Committee on Resources House of Representatives Dear Mr. Chairman: More than 4 million U.S. citizens and nationals live in insular areas1 under the jurisdiction of the United States. The Territorial Clause of the Constitution authorizes the Congress to “make all needful Rules and Regulations respecting the Territory or other Property” of the United States.2 Relying on the Territorial Clause, the Congress has enacted legislation making some provisions of the Constitution explicitly applicable in the insular areas. In addition to this congressional action, courts from time to time have ruled on the application of constitutional provisions to one or more of the insular areas. You asked us to update our 1991 report to you on the applicability of provisions of the Constitution to five insular areas: Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands (the CNMI), American Samoa, and Guam. You asked specifically about significant judicial and legislative developments concerning the political or tax status of these areas, as well as court decisions since our earlier report involving the applicability of constitutional provisions to these areas. We have included this information in appendix I. 1As we did in our 1991 report on this issue, Applicability of Relevant Provisions of the U.S.
    [Show full text]
  • B: Other U.S. Island Possessions in the Tropical Pacific
    Appendix B Other U.S. Island Possessions in the Tropical Pacific1 Introduction Howland, Jarvis, and Baker Islands There are eight isolated and unincorporated is- Howland, Jarvis and Baker are arid coral islands lands and reefs under U.S. control and sovereignty in the southern Line Island group (figure B-l). Aside in the tropical Pacific Basin. Included in this cate- from American Samoa, Jarvis Island is the only gory are: Kingman Reef, Palmyra and Johnston other U.S.-affiliated island in the Southern Hemi- Atolls in the northern Line Island group; Howland, sphere. These islands lie within one-half degree Baker and Jarvis Islands in the southern Line Is- from the equator, in the equatorial climatic zone. land group; Midway Atoll at the northwest end of During the 19th century the United States and the Hawaiian archipelago; and Wake Island north Britain actively exploited the significant guano de- of the Marshall Islands. Evidence indicates that posits found on these three islands. Jarvis Island some of these islands were not inhabited prior to was claimed by the United States in 1857, and sub- “Western” discovery; and today some remain unin- sequently annexed by Britain in 1889. Jarvis, Howland, habited. and Baker Islands were made territories of the These islands range from less than 1 degree south United States in 1936, and placed under the juris- latitude to nearly 29 degrees north latitude and from diction of the Department of the Interior. The is- 162 degrees west to 167 east longitude. The climate lands currently are uninhabited. regimes range from arid to wet and equatorial to These atolls were used as weather stations and subtropical.
    [Show full text]
  • Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure
    EPA/600/R-10/054 | July 2010 | www.epa.gov/ord Coral Reef Biological Criteria: Using the Clean Water Act to Protect a National Treasure Offi ce of Research and Development | National Health and Environmental Effects Research Laboratory EPA/600/R-10/054 July 2010 www.epa.gov/ord Coral Reef Biological Criteria Using the Clean Water Act to Protect a National Treasure by Patricia Bradley Leska S. Fore Atlantic Ecology Division Statistical Design NHEERL, ORD 136 NW 40th St. 33 East Quay Road Seattle, WA 98107 Key West, FL 33040 William Fisher Wayne Davis Gulf Ecology Division Environmental Analysis Division NHEERL, ORD Offi ce of Environmental Information 1 Sabine Island Drive 701 Mapes Road Gulf Breeze, FL 32561 Fort Meade, MD 20755 Contract No. EP-C-06-033 Work Assignment 3-11 Great Lakes Environmental Center, Inc Project Officer: Work Assignment Manager: Susan K. Jackson Wayne Davis Offi ce of Water Offi ce of Environmental Information Washington, DC 20460 Fort Meade, MD 20755 National Health and Environmental Effects Research Laboratory Offi ce of Research and Development Washington, DC 20460 Printed on chlorine free 100% recycled paper with 100% post-consumer fiber using vegetable-based ink. Notice and Disclaimer The U.S. Environmental Protection Agency through its Offi ce of Research and Development, Offi ce of Environmental Information, and Offi ce of Water funded and collaborated in the research described here under Contract EP-C-06-033, Work Assignment 3-11, to Great Lakes Environmental Center, Inc. It has been subject to the Agency’s peer and administrative review and has been approved for publication as an EPA document.
    [Show full text]
  • Monitoring Supports Establishment of Pacific Remote Islands Marine National Monument
    Proceedings of the 12 th International Coral Reef Symposium, Cairns, Australia, 9-13 July 2012 18F Does monitoring lead to improved coral reef management? Monitoring supports establishment of Pacific Remote Islands Marine National Monument Jean Kenyon 1, James Maragos 1, Peter Vroom 2 1U.S. Fish & Wildlife Service, Honolulu, HI U.S.A. 2Ocean Associates, San Diego, CA, contracted to NOAA Pacific Islands Fisheries Science Center, Coral Reef Ecosystem Division, Honolulu, HI, U.S.A. Corresponding author: [email protected] Abstract. The U.S. Pacific Remote Islands consist of Howland, Baker, and Jarvis Islands, Johnston, Wake, and Palmyra Atolls, and Kingman Reef. Except for Wake, these islands and nearshore reefs have been administered as National Wildlife Refuges by the U.S. Fish and Wildlife Service (USFWS) as early as 1926. Before regular marine assessment and monitoring efforts began in 2000, scientists had visited these locations to collect fishes, corals, and other reef life, but few systematic reef surveys were accomplished. Since 2000, systematic inventory and monitoring surveys for fishes, corals, and benthic algae have been conducted by NOAA and USFWS during biennial cruises. Knowledge of the biodiversity, community structure, and condition of these reefs has increased dramatically because of these cooperative monitoring efforts, exemplified by the increase in number of stony corals reported at Howland from 25 to 109, at Baker from 28 to 104, at Jarvis from 0 to 70, at Palmyra from 72 to 177, at Kingman from 0 to 182, at Johnston from 38 to 49, and at Wake from 52 to 97. Informed through these survey efforts of the diversity and abundance of marine biota supported on these central Pacific reefs, President George W.
    [Show full text]
  • Pacific Remote Islands Marine National Monument
    U.S. Fish & Wildlife Service Pacific Remote Islands Marine National Monument The Pacific Remote Islands Marine National Monument falls within the Central Pacific Ocean, ranging from Wake Atoll in the northwest to Jarvis Island in the southeast. The seven atolls and islands included within the monument are farther from human population centers than any other U.S. area. They represent one of the last frontiers and havens for wildlife in the world, and comprise the most widespread collection of coral reef, seabird, and shorebird protected areas on the planet under a single nation’s jurisdiction. At Howland Island, Baker Island, Jarvis Island, Palmyra Atoll, and Kingman Reef, the terrestrial areas, reefs, and waters out to 12 nautical miles (nmi) are part of the National Wildlife Refuge System. The land areas at Wake Atoll and Johnston Atoll remain under the jurisdiction of The giant clam, Tridacna gigas, is a clam that is the largest living bivalve mollusk. the U.S. Air Force, but the waters from Photo: © Kydd Pollock 0 to 12 nmi are protected as units of the National Wildlife Refuge System. For all of the areas, fishery-related Marine National Monument, and orders long time periods throughout their entire activities seaward from the 12-nmi refuge of magnitude greater than the reefs near cultural and geological history. These boundaries out to the 50-nmi monument heavily populated islands. Expansive refuges are unique in that they were and boundary are managed by the National shallow coral reefs and deep coral forests, are still largely pristine, though many Oceanic and Atmospheric Administration.
    [Show full text]
  • Hawaiian and Pacific Islands National Wildlife Refuge Complex Wilderness Inventory Summary Guam National Wildlife Refuge Mariana
    Hawaiian and Pacific Islands National Wildlife Refuge Complex Wilderness Inventories Hawaiian and Pacific Islands National Wildlife Refuge Complex Wilderness Inventory Summary Table 1. Hawaiian and Pacific Islands National Wildlife Refuge Complex Wilderness Inventory Summary Guam National Wildlife Refuge Guam National Wildlife Refuge Wilderness Inventory Mariana Trench National Wildlife Refuge Mariana Trench National Wildlife Refuge Wilderness Inventory Information Mariana Arc of Fire National Wildlife Refuge Identification of Inventory Units Size Naturalness Opportunities for Solitude or Primitive and Unconfined Recreation Supplemental Values Inventory Findings Wake Atoll National Wildlife Refuge Wake Atoll National Wildlife Refuge Wilderness Inventory Information Johnston Atoll National Wildlife Refuge Identification of Inventory Units Size Naturalness Opportunities for Solitude or Primitive and Unconfined Recreation Supplemental Values Inventory Findings Kingman Reef National Wildlife Refuge Identification of Inventory Units Size Naturalness Opportunities for Solitude or Primitive and Unconfined Recreation Supplemental Values Inventory Findings Palmyra Atoll National Wildlife Refuge Identification of Inventory Units Size Naturalness Opportunities for Solitude or Primitive and Unconfined Recreation Supplemental Values Inventory Findings Jarvis Island National Wildlife Refuge Identification of Inventory Units Size Naturalness Opportunities for Solitude or Primitive and Unconfined Recreation Supplemental Values Inventory Findings 1 Hawaiian
    [Show full text]
  • Study Guide Motor Vehicle Regulations Effective January 30, 2018
    Auto Industry Division Study Guide Motor Vehicle Regulations Effective January 30, 2018 Rev 08/13/18 Auto Industry Division Study Guide- Motor Vehicle Regulations Table of Contents REGULATION 12-6-101(11) ....................................................................................................................... 3 REGULATION 12-6-102 (1.5) ..................................................................................................................... 3 REGULATION 12-6-102(12) ....................................................................................................................... 3 REGULATION 12-6-102(13) ....................................................................................................................... 4 *NEW* REGULATION 12-6-102(16) .......................................................................................................... 4 REGULATION 12-6-102(17) ....................................................................................................................... 6 REGULATION 12-6-102(18) ....................................................................................................................... 6 REGULATION 12-6-104(3)(a)..................................................................................................................... 6 REGULATION 12-6-104(3)(d)(II) DELEGATION OF AUTHORITY ................................................................. 6 REGULATION 12-6-104(3)(e) ...................................................................................................................
    [Show full text]
  • Public Law 89-92 Be If Enacted
    282 PUBLIC LAW 89-92-JULY 27, 1965 [79 STAT. Public Law 89-92 July 27, 1965 ^'^ ^^^ ^^' ^^^^ To regulate the labeling of cigarettes, and for other puriHises. Be if enacted ~by the Senate and Hau-^e of Bepi-eHentat'iveH of the arrtte"?b?ang V^Jted States of Ain^rlca in Congresn a^sfiemMed, Tliat this Act and Advertising inaj be cited as the "Federal Cigarette Labeling and Advertising Act. Act". DECLARATION OF POLICY SEC. 2. It is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby— (1) the public may be adequately informed that cigarette smok­ ing may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes; and (2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing ciga­ rette labeling and advertising regulations with respect to any relationship between smoking and health. DEFINITIONS SEC. 3. As used in this Act— (1) The term "cigarette" means— (A) any roll of tobacco wrapped in i)aper or in any sub­ stance not containing tobacco, and (B) any roll of tobacco w^rapped in any substance contain­ ing tobacco which, because of its apjjearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a ciga­ rette described in subparagraph (A).
    [Show full text]
  • Coral Reef Condition Status Report for the Pacific Remote Islands
    Coral reef condition: 2018 A status report for the GOOD PACIFIC REMOTE ISLANDS Coral reefs are important Healthy coral reefs are among the most biologically diverse, culturally significant, and economically valuable ecosystems Biodiversity is a measure of the variety of living on Earth. They are nursery grounds for fish and other organisms. High biodiversity of corals, fish, and other organisms, provide food and jobs for people, and protect organisms helps keep the ecosystem in balance and coasts against erosion around the world. makes it resilient to environmental impacts. Although we measure biodiversity, the science is not yet The U.S. Pacific Remote Islands encompass seven islands mature enough to score biodiversity in an area. As the and atolls scattered across the central Pacific Ocean science and analysis progress, we will look to include that represent relatively pristine, beautiful, and wild coral biodiversity scores in future status reports. reef ecosystems. Howland, Baker, and Jarvis Islands are geographically situated near the equator. Kingman Reef and Palmyra Atoll are north of Jarvis Island, and Wake Atoll and Johnston Atoll are farther north and west of Kingman Reef. Each of the islands has a different land area, reef area, and population (see figure below). In general, the Pacific Remote Islands are just that—remote, relatively unimpacted islands with diverse coral and fish populations and low human influence. The condition of the reefs can be used as a baseline from which to draw conclusions about potential impacts, such as coral bleaching, overfishing, and climate change. These islands present an opportunity to study how sea level rise, ocean acidification, and warming waters affect coral reefs in the absence of substantial human influence.
    [Show full text]
  • Pub. 570, Tax Guide for Individuals with Income from U.S. Possessions
    Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/P570/2020/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 34 16:19 - 9-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 570 Cat. No. 15118B Contents What's New .................. 1 Department of the Tax Guide Reminders ................... 1 Treasury Internal Introduction .................. 3 Revenue for Individuals Service Chapter 1. Bona Fide Residence ..... 3 With Income Chapter 2. Possession Source Income ............. 7 From U.S. Chapter 3. Filing Information for Individuals in Certain U.S. Possessions .............. 11 Possessions American Samoa ............ 11 The Commonwealth of Puerto Rico ................. 13 The Commonwealth of the For use in preparing Northern Mariana Islands ..... 15 Guam .................. 17 2020 Returns The U.S. Virgin Islands ........ 18 Chapter 4. Filing U.S. Tax Returns ... 20 Chapter 5. Illustrated Examples .... 25 Chapter 6. How To Get Tax Help .... 30 Index ..................... 33 Future Developments For the latest information about developments related to Pub. 570, such as legislation enacted after it was published, go to IRS.gov/Pub570. What's New Coronavirus tax relief. Due to the global health emergency caused by the coronavirus, numerous forms of tax relief are now available. If you have self-employment income and you are required to pay self-employment tax, see the 2020 Form 1040-SS and its instructions for related changes. Additional provisions are dis- cussed under the relevant topics throughout this publication. Also, for more information, go to IRS.gov/coronavirus-tax-relief-and- economic-impact-payments.
    [Show full text]
  • Comparison of the Montana Constitution with the Constitutions of Selected Other States
    KEPORT \l MttER s Montana Constitutional Convention Oecamonal Papers Comparison of the Montana Constitution with the Constitutions /i>7|. 191T of Selected Other PreparedBy: States Montana Constitutional Convention Commission "\ MONTANA CONSTITUTIONAL CONVENTION 1971-1972 COMPARISON OF THE MONTANA CONSTITUTION WITH THE CONSTITUTIONS OF SELECTED OTHER STATES CONSTITUTIONAL CONVENTION OCCASIONAL PAPER NO. 5 PREPARED BY MONTANA CONSTITUTIONAL CONVENTION COMMISSION MONTANA CONSTITUTIONAL CONVENTION COMMISSION COMMISSION MEMBERS Chairman Vice-chairman ALEXANDER BLEWETT EUGENE H. MAHONEY Great Falls Thompson Falls CHARLES A. BOVEY JACK S. BRENNER Great Falls Grant MRS. FIRMAN H. BROWN ARTHUR C. HAGENSTON Missoula Glendive CHARLES L. HARRINGTON CLYDE L. HAWKS Butte St. Xavier C. EUGENE PHILLIPS CLYDE A. RADER Kalispell Hardin R. H. "TY" ROBINSON LEONARD A. SCHULZ Missoula Di lion WILLIAM G. STERNHAGEN RANDALL SWANBERG Helena Great Falls BRUCE R. TOOLE DR. ELLIS WALDRON Billings Missoula COMMISSION STAFF DALE A. HARRIS JERRY R. HOLLORON Executive Director Assistant Director ROGER A. BARBER SANDRA R. MUCKELSTON Counsel Counsel P. RICK APPLEGATE KAREN D. BECK Research Analyst Research Analyst RICHARD F. BECHTEL NANCY M. MALEE Research Analyst Research Analyst BARTLEY O. CARSON KAREN C. NYBERG Executive Secretary Secretary JUANITA FONTANA GINNY WATERMAN Secretary Secretary 11 PREFACE The delegates to the 19 71-19 72 Montana Constitutional Con- vention will need historical, legal and comparative informa- tion about the Montana Constitution. Recognizing this need, the 1971 Legislative Assembly created the Constitutional Convention Commission and directed it to assemble and prepare essential information for the Convention. To fulfill this responsibility, the Constitutional Convention Commission is preparing a series of research reports urder the general title of Constitutional Convention Studies.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the DISTRICT of COLORADO Judge John L. Kane Civil Action No. 04-Cv-01463-JLK PINE RIVER
    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 04-cv-01463-JLK PINE RIVER IRRIGATION DISTRICT, a subdivision of the State of Colorado, Plaintiff, v. UNITED STATES OF AMERICA and UNITED STATES FOREST SERVICE, Defendants, UNITED STATES OF AMERICA, Counterclaimant, v. PINE RIVER IRRIGATION DISTRICT, a subdivision of the State of Colorado, Counterclaim-Defendant. UNITED STATES OF AMERICA, Cross-claimant, v. JAMES W. KIRKPATRICK, LILLIE HOLMES, ELLA E. MULL, JOHN F. KIRKPATRICK and ANY AND ALL UNKNOWN PERSONS WHO CLAIM AN INTEREST IN THE SUBJECT MATTER OF THIS ACTION. Cross-claim Defendants. ______________________________________________________________________________ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER ______________________________________________________________________________ Kane, J. This action is brought by plaintiff Pine River Irrigation District (“PRID”) against the United States pursuant to the Quiet Title Act, 28 U.S.C. § 2409a, to quiet title to an alleged right of way or easement for a dam and reservoir located at Emerald Lake in the Weminuche Wilderness in southwest Colorado. The government denies the claimed right of way exists and has counterclaimed against PRID and cross-claimed against four individuals and any and all unknown persons who claim an interest in the alleged right of way, seeking to quiet its title. The action is before me on the parties’ request, pursuant to Federal Rule of Civil Procedure 52, for findings of fact and conclusions of law regarding legal issues raised by the stipulated historical record. These issues, which will either resolve or limit the scope of this action, include: whether PRID filed this action within the applicable statute of limitations; whether the disputed right of way was established as claimed under the Act of March 3, 1891 (“1891 Act”), 26 Stat.
    [Show full text]