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To whom must the Committee submit its annual report? | The Committee shall submit an annual report to the Secretary and the Administrator of General Services. | 54 U.S. Code § 305505 - Annual report:
The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider n... |
According to the findings, what conflict results from continued application of U.S. mining laws to System units? | Congress finds that continued application of the mining laws to System units conflicts with the purposes for which the System units were established. | 54 U.S. Code § 100731 - Findings and declaration:
Congress finds and declares that— (1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for w... |
Which specific factors must the Secretary consider when determining the reasonableness and appropriateness of rates and charges? | The Secretary must consider: (A) Length of season; (B) Peakloads; (C) Average percentage of occupancy; (D) Accessibility; (E) Availability and costs of labor and materials; (F) Type of patronage, along with other relevant factors. | 54 U.S. Code § 101916 - Reasonableness of rates and charges:
(a) In General.— A concession contract shall permit the concessioner to set reasonable and appropriate rates and charges for facilities, goods, and services provided to the public, subject to approval under subsection (b). (b) Approval by Secretary Required.—... |
What is the maximum monetary value for a pay‑for‑performance project that the Secretary of Agriculture may enter into under the pilot program? | The Secretary of Agriculture may not enter into a pay‑for‑performance agreement for a pay‑for‑performance project valued at more than $15,000,000. | 16 U.S. Code § 8463 - Pay-for-performance projects:
(a) Definitions In this section: (1) Independent evaluator The term “ independent evaluator ” means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for-performance investor, as appl... |
What two criteria does the declaration of policy set for accommodations, facilities, and services to be developed in System units? | They must be (1) necessary and appropriate for public use and enjoyment of the System unit, and (2) consistent to the highest practicable degree with the preservation and conservation of the System unit's resources and values. | 54 U.S. Code § 101912 - Findings and declaration of policy:
(a) Findings.— In furtherance of section 100101(a), Congress finds that the preservation and conservation of System unit resources and values requires that public accommodations, facilities, and services that have to be provided within those System units shoul... |
How must the Secretary handle coordination of the Service preservation centers and offices? | The Secretary shall improve the coordination of the centers and offices within the Service, and, where appropriate, coordinate their activities with the Center and other appropriate parties. | 54 U.S. Code § 305306 - Service preservation centers and offices:
To improve the use of existing Service resources, the Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of the centers and office... |
When may the Secretary approve a conversion of property improved with assistance under this chapter? | The Secretary shall approve a conversion only if the Secretary finds it to be in accord with the then‑current local park and recreation recovery action program. | 54 U.S. Code § 200507 - Conversion of recreation property:
No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord wi... |
What condition applies to the activities authorized by this Act regarding funding? | The activities authorized by this Act are subject to the availability of appropriations made in advance for such purposes. | 16 U.S. Code § 8574 - Savings provision:
No additional Federal funds are authorized to carry out the requirements of this Act and the activities authorized by this Act are subject to the availability of appropriations made in advance for such purposes. ( Pub. L. 118–234, title III, § 355 , Jan. 4, 2025 , 138 Stat. 2917... |
What exclusive rights are listed for a copyright owner in 17 U.S. Code § 106? | The owner may (1) reproduce the work in copies or phonorecords; (2) prepare derivative works; (3) distribute copies or phonorecords to the public by sale, transfer, rental, lease, or lending; (4) publicly perform literary, musical, dramatic, choreographic works, pantomimes, and motion pictures/other audiovisual works; ... | 17 U.S. Code § 106 - Exclusive rights in copyrighted works:
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords ; (2) to prepare derivative works based upon the ... |
What are the maximum civil monetary penalties for (A) digital asset service providers and (B) foreign payment stablecoin issuers who knowingly violate the prohibitions? | (A) Up to $100,000 per violation per day for digital asset service providers; (B) Up to $1,000,000 per violation per day for foreign payment stablecoin issuers. | 12 U.S. Code § 5907 - Anti-money laundering protections:
(a) Payment stablecoins issued by a foreign payment stablecoin issuer (1) In general A payment stablecoin that is issued by a foreign payment stablecoin issuer may not be publicly offered, sold, or otherwise made available for trading in the United States by a di... |
What policy does Congress declare for the Federal Government regarding recreation on Federal lands and waters? | Congress declares that the policy is to foster and encourage recreation on Federal recreational lands and waters. | 16 U.S. Code § 8411 - Congressional declaration of policy:
Congress declares that it is the policy of the Federal Government to foster and encourage recreation on Federal recreational lands and waters, to the extent consistent with the laws applicable to specific areas of Federal recreational lands and waters, includin... |
What does the Secretary encourage regarding coordination between State agencies and local applicants? | The Secretary shall encourage maximum coordination of the program between State agencies and local applicants. | 54 U.S. Code § 200508 - Coordination of program:
The Secretary shall— (1) coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to the fullest extent possible with other Federal agencies and with State agencies that administer programs and policies affecting urban ... |
What legal form and jurisdiction does the term “Committee” refer to? | It refers to the Committee for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or its successor. | 54 U.S. Code § 305501 - Definitions:
In this chapter: (1) Building arts.— The term “ building arts ” includes all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archeology, construction, building technology and skills, landscape architecture, preservation and conservation, buil... |
Who is authorized to access the concessioner’s or subconcessioner’s records for audit and examination? | The Secretary and any authorized representative of the Secretary may access those records for the purpose of audit and examination. | 54 U.S. Code § 101923 - Recordkeeping requirements:
(a) In General.— A concessioner and any subconcessioner shall keep such records as the Secretary may prescribe to enable the Secretary to determine that all terms of a concession contract have been and are being faithfully performed. The Secretary and any authorized r... |
What actions can initiate the Secretary’s finding that a landmark may be irreparably lost due to surface mining? | A finding can be initiated either on the Secretary’s own motion or when the Secretary is notified in writing by an appropriate scientific, historical, or archaeological authority. | 54 U.S. Code § 100734 - Report on finding or notification of potential damage to natural and historical landmarks:
When the Secretary finds on the Secretary’s own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or ob... |
According to § 305104(a)(8), when may the United States enter a historic light station without providing advance notice? | The United States may enter the historic light station at any time, without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for ensuring compliance with this section, to the extent that it is not possible to provide advance notice. | 54 U.S. Code § 305104 - Terms of conveyance:
(a) In General.— The conveyance of a historic light station shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United States, that the Administrator considers necessary to ensure that— (1) the Federal aids to nav... |
According to the declaration, how must the recreation policy be applied on Federal lands and waters? | It must be applied to the extent consistent with the laws applicable to specific areas of Federal recreational lands and waters. | 16 U.S. Code § 8411 - Congressional declaration of policy:
Congress declares that it is the policy of the Federal Government to foster and encourage recreation on Federal recreational lands and waters, to the extent consistent with the laws applicable to specific areas of Federal recreational lands and waters, includin... |
What supervisory powers does a State payment stablecoin regulator have over State qualified payment stablecoin issuers? | A State payment stablecoin regulator shall have supervisory, examination, and enforcement authority over all State qualified payment stablecoin issuers of such State. | 12 U.S. Code § 5906 - State qualified payment stablecoin issuers:
(a) In general A State payment stablecoin regulator shall have supervisory, examination, and enforcement authority over all State qualified payment stablecoin issuers of such State. (b) Authority to enter into agreements with the Board A State payment st... |
Who is authorized to bring a civil action for just compensation under this statute? | The holder of any patented or unpatented mining claim subject to this subchapter who believes they have suffered a loss. | 54 U.S. Code § 100735 - Civil actions for just compensation by mining claim holders:
The holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter, or by orders or regulations issued pursuant to this subchapter, may bring a ... |
Who is designated as the "Secretary concerned" for National Park System land and public lands? | The Secretary of the Interior is the Secretary concerned with respect to National Park System land and public lands. | 16 U.S. Code § 8571 - Good neighbor authority for recreation:
(a) Definitions In this section: (1) Authorized recreation services The term “ authorized recreation services ” means similar and complementary recreation enhancement or improvement services carried out— (A) on Federal land , non- Federal land , or land owne... |
Name three specific components that the Secretary’s prescribed regulations must address. | The regulations must address the method of solicitation and review of direct grant and subgrant proposals, criteria for review of direct grant and subgrant proposals, and administrative requirements (also reporting and recordkeeping requirements). | 54 U.S. Code § 308706 - Regulations:
The Secretary, after consultation with the National Trust , the National Conference of State Historic Preservation Officers , and appropriate members of the maritime heritage community, shall prescribe appropriate guidelines, procedures, and regulations to carry out the chapter, inc... |
Which types of institutions may the Secretary partner with in these cooperative agreements? | Colleges and universities, including land grant schools, in partnership with other Federal and State agencies. | 54 U.S. Code § 100703 - Cooperative study units:
The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated in... |
What must the Secretary publish in the Federal Register regarding eligible local governments? | The Secretary must publish "a list of local governments eligible to participate in this program, to be accompanied by a discussion of criteria used in determining eligibility." | 54 U.S. Code § 200502 - Federal assistance:
(a) Eligibility Determined by Secretary.— Eligibility of general purpose local governments for assistance under this chapter shall be based on need as determined by the Secretary. The Secretary shall publish in the Federal Register a list of local governments eligible to part... |
When is a concessioner eligible for a preferential right of renewal? | When the Secretary determines that the facilities or services authorized by the prior contract continue to be necessary and appropriate within the meaning of section 101912. | 54 U.S. Code § 101911 - Definitions:
In this subchapter: (1) Advisory board.— The term “ Advisory Board ” means the National Park Service Concessions Management Advisory Board established under section 101919 of this title . (2) Preferential right of renewal.— The term “ preferential right of renewal ” means the right ... |
How does Congress declare mining operations in System units should be conducted? | Congress declares that all mining operations in System units should be conducted so as to prevent or minimize damage to the environment and other resource values. | 54 U.S. Code § 100731 - Findings and declaration:
Congress finds and declares that— (1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for w... |
When are the terms and conditions of a concession contract allowed to be modified or renegotiated by the Secretary because of a transfer? | Modification or renegotiation is permitted only if the transfer or conveyance would have an adverse impact as described in subsection (b)(2). | 54 U.S. Code § 101918 - Transfer or conveyance of concession contracts or leasehold surrender interests:
(a) Approval of Secretary.— No concession contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and ap... |
Does this section apply to concession contracts issued by the National Park Service for accommodations, facilities, or services? | No. Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. | 16 U.S. Code § 8543 - Permit administration:
(a) Permit availability (1) Notifications of permit availability (A) In general Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned determines that v... |
Which entities are authorized to develop and manage a “target shooting range” under the definition provided in this section? | A developed and managed area that is authorized or operated by the Forest Service, a concessioner of the Forest Service, or the Bureau of Land Management (or their lessee). | 16 U.S. Code § 8423 - Range access:
(a) Definition of target shooting range In this section, the term “ target shooting range ” means a developed and managed area that is authorized or operated by the Forest Service , a concessioner of the Forest Service , or the Bureau of Land Management (or their lessee) specifically... |
For which administrative activities may the Secretary assess a reasonable fee from a special recreation permit applicant or holder? | The Secretary may assess a reasonable fee to recover administrative costs incurred for (1) processing a proposal or application, (2) issuing the special recreation permit, and (3) monitoring the permit to ensure compliance with its terms and conditions. | 16 U.S. Code § 8549 - Cost recovery reform:
(a) Cost recovery for special recreation permits In addition to a fee collected under section 6802 of this title or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder ... |
What must a concessioner do before transferring, assigning, selling, or otherwise conveying a concession contract or leasehold surrender interest? | The concessioner must provide prior written notification to, and obtain approval from, the Secretary. | 54 U.S. Code § 101918 - Transfer or conveyance of concession contracts or leasehold surrender interests:
(a) Approval of Secretary.— No concession contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and ap... |
Who shall prescribe regulations for the implementation of this subchapter? | The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. | 54 U.S. Code § 101926 - Regulations:
(a) In General.— The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. (b) Contents.— The regulations— (1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not segmen... |
What actions must the Secretary take to improve the use of existing Service resources? | The Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. | 54 U.S. Code § 305306 - Service preservation centers and offices:
To improve the use of existing Service resources, the Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of the centers and office... |
What conditions can the Secretary require for approving a conversion of such property? | The Secretary may impose conditions necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness. | 54 U.S. Code § 200507 - Conversion of recreation property:
No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord wi... |
By what means must the management of System units be enhanced according to the statute? | By the availability and utilization of a broad program of the highest quality science and information. | 54 U.S. Code § 100702 - Research mandate:
The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the highest quality science and information. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3105 .) |
When may the Board take enforcement action against a State qualified payment stablecoin issuer, and what notice must be given? | Under unusual and exigent circumstances that the Board determines to exist, the Board may, after not less than 48 hours’ prior written notice to the applicable State payment stablecoin regulator, take an enforcement action against a State qualified payment stablecoin issuer. | 12 U.S. Code § 5906 - State qualified payment stablecoin issuers:
(a) In general A State payment stablecoin regulator shall have supervisory, examination, and enforcement authority over all State qualified payment stablecoin issuers of such State. (b) Authority to enter into agreements with the Board A State payment st... |
What additional information must the Committee provide, and who decides what is necessary? | The Committee shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable. | 54 U.S. Code § 305505 - Annual report:
The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider n... |
According to § 308707, how do the authorities in this chapter relate to those in division A of the subtitle? | The authorities in this chapter are in addition to, and shall not be construed to supersede or modify those contained in division A. | 54 U.S. Code § 308707 - Applicability of other authorities:
The authorities contained in this chapter shall be in addition to, and shall not be construed to supersede or modify those contained in division A of this subtitle. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3243 .) |
What does the term “land use plan” encompass according to this section? | The term “land use plan” means— (A) a land use plan prepared by the Secretary pursuant to section 1712 of title 43; and (B) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 1604 of this title. | 16 U.S. Code § 8401 - Definitions:
In this chapter: (1) Federal land management agency The term “ Federal land management agency ” has the meaning given the term in section 6801 of this title . (2) Federal recreational lands and waters The term “ Federal recreational lands and waters ” has the meaning given the term in... |
What kind of deed and consideration are used when the Administrator conveys a historic light station after the Secretary selects an eligible entity? | The Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to the historic light station. | 54 U.S. Code § 305103 - Selection of eligible entity and conveyance of historic light stations:
(a) Process and Policies.— The Secretary and the Administrator shall maintain a process and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park,... |
Which management elements must be contracted with private entities to the maximum extent practicable? | Health and safety inspections; quality control of concession operations and facilities; strategic capital planning for concession facilities; and analysis of rates and charges to the public. | 54 U.S. Code § 101920 - Contracting for services:
(a) Contracting Authorized.— (1) Management elements for which contract required to maximum extent practicable.— To the maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in elements of the management of the Service conce... |
What must the Secretary do to ensure the use of scientific study results for System unit management decisions? | The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. | 54 U.S. Code § 100706 - Integration of study results into management decisions:
The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. In each case in which an action undertaken by the Service may cause a... |
For which employees must the training program be developed? | The program must be developed for employees in all professional careers in the workforce of the Service. | 54 U.S. Code § 101321 - Service employee training:
The Secretary shall develop a comprehensive training program for employees in all professional careers in the workforce of the Service for the purpose of ensuring that the workforce has available the best up-to-date knowledge, skills, and abilities with which to manage... |
What is the purpose of the National Park Service Concessions Management Advisory Board? | Its purpose is to advise the Secretary and Service on matters relating to management of concessions in the System. | 54 U.S. Code § 101919 - National Park Service Concessions Management Advisory Board:
(a) Establishment and Purpose.— There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System. (b) Dutie... |
What must the Secretary do with applications for the conveyance of a historic light station after the property is determined to be excess property? | The Secretary shall review all applications for the conveyance and forward to the Administrator a single approved application. | 54 U.S. Code § 305103 - Selection of eligible entity and conveyance of historic light stations:
(a) Process and Policies.— The Secretary and the Administrator shall maintain a process and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park,... |
What steps must the Secretary take after determining that surface mining could cause irreparable loss to a national landmark? | The Secretary must notify the person conducting the activity, submit a report—including the basis for the finding—to the Advisory Council on Historic Preservation, and request the Council’s advice on alternative measures the United States may take to mitigate or abate the activity. | 54 U.S. Code § 100734 - Report on finding or notification of potential damage to natural and historical landmarks:
When the Secretary finds on the Secretary’s own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or ob... |
What five elements must a local government's 5‑year action program demonstrate to satisfy eligibility after the interim period? | The program must demonstrate: (1) systematic identification of recovery objectives, priorities, and implementation strategies; (2) adequate planning for rehabilitation of specific recreation areas and facilities with cost projections; (3) capacity and commitment to maintain, protect, staff, and supervise facilities pro... | 54 U.S. Code § 200504 - Recovery action programs:
(a) Evidence of Local Commitment to Ongoing Programs.— As a requirement for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing planning, rehabilitation, service, operation... |
Who is encompassed by the term “Secretaries” as defined in this section? | The term includes (1) the Secretary, with respect to lands under the Secretary’s jurisdiction; (2) the Secretary of Agriculture, acting through the Chief of the Forest Service, for Forest Service lands; (3) the Secretary of Commerce, acting through the Administrator of NOAA, for Federal waters under NOAA; and (4) the A... | 16 U.S. Code § 8443 - Monitoring for improved recreation decision making:
(a) In general The Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decision making by the Secretaries . (b) Pilot protocols Not later than 1 year after January 4, 2025 , and after public notice ... |
What plans must each System unit prepare and make available to the public? | Each System unit shall prepare and make available to the public a 5‑year strategic plan and an annual performance plan. | 54 U.S. Code § 100503 - Five-year strategic plans:
(a) Strategic and Performance Plans.— Each System unit shall prepare and make available to the public a 5-year strategic plan and an annual performance plan. The plans shall reflect the Service policies, goals, and outcomes represented in the Service-wide strategic pla... |
What types of records must a recipient maintain under this provision? | The recipient must keep (1) records that disclose (A) the amount and disposition of project undertakings for which assistance is given or used, and (B) the amount and nature of the portion of the project cost supplied by other sources; and (2) other records that will facilitate an effective audit. | 54 U.S. Code § 200509 - Recordkeeping:
(a) In General.— A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including— (1) records that disclose— (A) the amount and disposition of project undertakings in connection with which assistance under this chapter is given or u... |
What public notice and meeting requirements does the Secretary have during the formulation of a transportation plan? | The Secretary must give public notice of intent to formulate the plan by publishing in the Federal Register and in a newspaper or periodical with general circulation near the affected System unit, and then hold a public meeting at a location convenient to that unit. | 54 U.S. Code § 101523 - Procedures applicable to transportation plans and projects:
(a) During Formulation of Plan.— The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 101521 of this title — (1) give public notice of intention to formulate the plan by publication in th... |
When may the Secretary use an alternative formula to calculate the leasehold surrender interest value, and what happens if no responsive offers are received? | The Secretary may use an alternative formula if, after scrutiny of the financial and other circumstances and providing notice in the Federal Register with an opportunity for comment, the Secretary determines it is necessary to provide a fair return to the Federal Government and foster competition. If no responsive offe... | 54 U.S. Code § 101915 - Protection of concessioner investment:
(a) Definitions.— In this section: (1) Capital improvement.— The term “ capital improvement ” means a structure, a fixture, or nonremovable equipment provided by a concessioner pursuant to the terms of a concession contract and located on land of the United... |
What does the term “Center” mean in this chapter? | It means the National Center for Preservation Technology and Training established pursuant to section 305302 of this title. | 54 U.S. Code § 305301 - Definitions:
In this chapter: (1) Board.— The term “ Board ” means the Preservation Technology and Training Board established pursuant to section 305303 of this title . (2) Center.— The term “ Center ” means the National Center for Preservation Technology and Training established pursuant to sec... |
Can property improved or developed with assistance under this chapter be converted to non‑public recreation uses without the Secretary's approval? | No; such property shall not be converted to other than public recreation uses without the approval of the Secretary. | 54 U.S. Code § 200507 - Conversion of recreation property:
No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord wi... |
According to § 200510, what may the authorized amounts for those territories be subject to? | They may be subject only to such conditions, reports, plans, and agreements, if any, as the Secretary may determine. | 54 U.S. Code § 200510 - Inapplicability of matching provisions:
Amounts authorized for Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands are not subject to the matching provisions of this chapter, and may be subject only to such conditions, reports, plans, and agreements, if any, as the Secreta... |
What does the savings clause say about creating conflicting standards? | It states that nothing in the part shall be construed to create any conflicting standards with the Architectural Barriers Act of 1968 and section 794 of title 29. | 16 U.S. Code § 8487 - Savings clause:
Nothing in the [1] part shall be construed to create any conflicting standards with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 . ( Pub. L. 118–234, title II, § 217 , Jan. 4, 2025 , 138 Stat. 2886 .) |
What entities may be considered a debtor under title 11 according to this section? | A subsidiary of a depository institution (as defined in section 1813) or a nonbank entity may be considered a debtor under title 11. | 12 U.S. Code § 5911 - Application of existing insolvency law:
In accordance with otherwise applicable law, an insolvency proceeding with respect to a permitted payment stablecoin issuer shall occur as follows: (1) A depository institution (as defined in section 1813 of this title ) shall be resolved by the Federal Depo... |
What kinds of entities can the Secretary concerned partner with to make assistive technology available? | Other Federal, State, Tribal, local, or private entities, including existing outfitting and guiding services. | 16 U.S. Code § 8486 - Assistive technology:
In carrying out this part, the Secretary concerned may enter into partnerships, contracts, or agreements with other Federal, State, Tribal, local, or private entities, including existing outfitting and guiding services, to make assistive technology available on Federal recrea... |
Under the Federal Rules of Evidence, when is a piece of evidence relevant? | Evidence is relevant if: (a) it has any tendency to make a fact or more less probable; and (b) the fact is of consequence in determining the action | |
Under the Abercrombie distinctiveness spectrum, what are descriptive terms? | Descriptive term identifies a characteristic or quality of an article or service, such as color, odor, function, dimensions, or ingredients. | |
What is the rule of completeness regarding evidence in federal court? | If someone introduces evidence against you that’s admissible, you can introduce the rest of that evidence if needed to provide context for the evidence | |
In California state court, who decides whether a declarant was authorized to make statements on behalf of another? | Under CEC, the judge applies a sufficiency standard and then gives to jury to decide whether the person is actually authorized | |
What is the declarant-witness prior statement exception to the hearsay rule in federal court? | Sworn out-of-court statements made by declarants who testify as witnesses, in court and under oath, in the very proceedings in which their earlier statements are offered as evidence, are not hearsay under FRE. | |
What are adoptive admissions under the Federal Rules of Evidence? | If someone says something and the other party is acts in a way that manifests belief in that statement, that can be considered as an admission. Silence can also manifest belief. | |
What is the two prong approach for assessing plausibility under Twombley and Iqbal? | First, the court should weed out those allegations in the complaint that are merely "conclusory," as the court is not required to accept such statements as truth.14 Next, the court must "draw on its judicial experience and common sense" to determine the plausibility of the factual allegations. | |
Per the Hertz "nerve center" test, where is a corporation's principal place of business? | The headquarters of the corporation, i.e. where the high level officers direct, control, and coordinate the corporation's activities. | |
What is the teaching/suggestion/motivation test for patents? | A patent is obvious if “some motivation or suggestion to combine the prior art teachings” can be found in the prior art, the nature of the problem, or the knowledge of a person having ordinary skill in the art | |
What is the Alice/Mayo test for patentable subject matter? | First, we ask if the patent claims a patent-ineligible law of nature, natural phenomenon, or abstract idea. If it does, we then ask if the patent supplies a sufficiently “inventive concept” which transforms the ineligible law of nature into a patent-eligible application of the ineligible subject matter. | |
Under the Abercrombie distinctiveness spectrum, what are generic marks? | Generic marks are those which connote the basic nature of articles or services, rather than the more individualized characteristics of a product. | |
What is forum non conveniens balancing test that federal courts apply? | Courts typically use a 2-part test when deciding forum non conveniens. The first part is a balancing test of both private and public factors, and the second looks at what adequate alternative courts are available. Private Factors include (1) ease of access to evidence, (2) interest of the two parties in their connectio... | |
Per Dole, when is an excercise of Congressional spending power valid? | Under a test provided in South Dakota v. Dole, 483 U.S. 203 (1987), for Congress to place a condition on receipt of federal funds by a state, the spending has to serve the general welfare, the condition placed on the state must be unambiguous, the condition has to relate to the particular federal program, unconstitut... | |
What is the direct admissions exception to the hearsay rule in federal court? | Evidence of a statement made by the declarant is admissible when offered against the declarant. | |
If two individuals claim the same mark, then the person who gets it is the one who either... | (1) Use it first in commerce, or (2) registered the mark with the intent to use it in commerce, and then actually uses it | |
What is the FRE 403 balancing rule? | The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. | |
Under the Abercrombie distinctiveness spectrum, what are suggestive terms? | A suggestive term suggests, rather than describes, some particular characteristic of the goods or services to which it applies. It requires to consumer to exercise the imagination in order to draw a conclusion as to the nature of the goods and services. | |
What is the Chambers rule? | Due Process can require the admission of some evidence offered by a criminal defendant, even if other evidence rules would violate their use (e.g., hearsay) | |
What are the requirements for diversity jurisdiction? | Diversity jurisdiction exists when the amount in controversy exceeds $75,000 and the plaintiffs and defendants are completely diverse (i.e. no plaintiff shares a state of citizenship with any defendant) | |
What types of changes to a covered defense law trigger the automatic execution of conforming changes? | When an amendment to a covered defense law adds a section or larger organizational unit to the covered defense law , repeals or transfers a section or larger organizational unit in the covered defense law , or amends the designation or heading of a section or larger organizational unit in the covered defense law , that... | |
How is a covered defense law defined? | When an amendment to a covered defense law adds a section or larger organizational unit to the covered defense law , repeals or transfers a section or larger organizational unit in the covered defense law , or amends the designation or heading of a section or larger organizational unit in the covered defense law , that... | |
What are the main components included in the definition of a covered defense law? | When an amendment to a covered defense law adds a section or larger organizational unit to the covered defense law , repeals or transfers a section or larger organizational unit in the covered defense law , or amends the designation or heading of a section or larger organizational unit in the covered defense law , that... | |
What happens if there isn't enough money in a partnership's assets to pay all the claims in a bankruptcy case, and a general partner is personally responsible for the deficiency? | If there is a deficiency of property of the estate to pay in full all claims which are allowed in a case under this chapter concerning a partnership and with respect to which a general partner of the partnership is personally liable , the trustee shall have a claim against such general partner to the extent that under ... | |
Who does the trustee try to recover the deficiency from first if there is one in a partnership bankruptcy case? | If there is a deficiency of property of the estate to pay in full all claims which are allowed in a case under this chapter concerning a partnership and with respect to which a general partner of the partnership is personally liable , the trustee shall have a claim against such general partner to the extent that under ... | |
Are there any limitations on allowing a claim against a general partner and the partnership they're involved in, if they are both liable? | If there is a deficiency of property of the estate to pay in full all claims which are allowed in a case under this chapter concerning a partnership and with respect to which a general partner of the partnership is personally liable , the trustee shall have a claim against such general partner to the extent that under ... | |
What is the purpose of the Office of the Comptroller of the Currency established in the Department of the Treasury? | There is established in the Department of the Treasury a bureau to be known as the “ Office of the Comptroller of the Currency ” which is charged with assuring the safety and soundness of , and compliance with laws and regulations , fair access to financial services , and fair treatment of customers by , the institutio... | |
Can the Secretary of the Treasury delay or prevent the issuance of rules or regulations by the Comptroller of the Currency? | There is established in the Department of the Treasury a bureau to be known as the “ Office of the Comptroller of the Currency ” which is charged with assuring the safety and soundness of , and compliance with laws and regulations , fair access to financial services , and fair treatment of customers by , the institutio... | |
Under what circumstances can the Secretary of the Treasury intervene in matters or proceedings before the Comptroller of the Currency? | There is established in the Department of the Treasury a bureau to be known as the “ Office of the Comptroller of the Currency ” which is charged with assuring the safety and soundness of , and compliance with laws and regulations , fair access to financial services , and fair treatment of customers by , the institutio... | |
What is the requirement for a national banking association to issue preferred stock? | Notwithstanding any other provision of law , any national banking association may , with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority of the stock of such association , upon not less than five days ’ notice , given by registered mail or by certified mail pursuant to acti... | |
Who needs to approve the issuance of preferred stock for a national banking association? | Notwithstanding any other provision of law , any national banking association may , with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority of the stock of such association , upon not less than five days ’ notice , given by registered mail or by certified mail pursuant to acti... | |
Are there any exceptions to the notice and shareholder vote requirement for newly organized national banking associations? | Notwithstanding any other provision of law , any national banking association may , with the approval of the Comptroller of the Currency and by vote of shareholders owning a majority of the stock of such association , upon not less than five days ’ notice , given by registered mail or by certified mail pursuant to acti... | |
Can the Secretary request information from other government departments or agencies? | The Secretary , whenever he considers it advisable , may call upon any other department , agency , or establishment of the Federal Government , or of the government of the District of Columbia , for information pertinent to the work provided for in this title . The Secretary may acquire , by purchase or otherwise , fro... | |
Who can the Secretary acquire records and reports from for the censuses and surveys? | The Secretary , whenever he considers it advisable , may call upon any other department , agency , or establishment of the Federal Government , or of the government of the District of Columbia , for information pertinent to the work provided for in this title . The Secretary may acquire , by purchase or otherwise , fro... | |
What methods can the Secretary use to acquire records, reports, and other material? | The Secretary , whenever he considers it advisable , may call upon any other department , agency , or establishment of the Federal Government , or of the government of the District of Columbia , for information pertinent to the work provided for in this title . The Secretary may acquire , by purchase or otherwise , fro... | |
What is one of the main responsibilities of the Coast Guard in relation to the laws of the United States that apply to the high seas and waters under the jurisdiction of the country? | The Coast Guard shall— enforce or assist in the enforcement of all applicable Federal laws on , under , and over the high seas and waters subject to the jurisdiction of the United States ; engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States ; admi... | |
What does the Coast Guard do to ensure the enforcement of U.S. laws? | The Coast Guard shall— enforce or assist in the enforcement of all applicable Federal laws on , under , and over the high seas and waters subject to the jurisdiction of the United States ; engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States ; admi... | |
What role does the Coast Guard play in terms of safety on the high seas and waters under U.S. jurisdiction? | The Coast Guard shall— enforce or assist in the enforcement of all applicable Federal laws on , under , and over the high seas and waters subject to the jurisdiction of the United States ; engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States ; admi... | |
Under what circumstances can the Coast Guard utilize its personnel and facilities to assist other entities? | The Coast Guard may , when so requested by proper authority , utilize its personnel and facilities ( including members of the Auxiliary and facilities governed under chapter 39 ) to assist any Federal agency , State , Territory , possession , or political subdivision thereof , or the District of Columbia , to perform a... | |
How can the Coast Guard benefit from the resources of other government agencies? | The Coast Guard may , when so requested by proper authority , utilize its personnel and facilities ( including members of the Auxiliary and facilities governed under chapter 39 ) to assist any Federal agency , State , Territory , possession , or political subdivision thereof , or the District of Columbia , to perform a... | |
What expenses can the Coast Guard cover when utilizing the services of state or local government employees? | The Coast Guard may , when so requested by proper authority , utilize its personnel and facilities ( including members of the Auxiliary and facilities governed under chapter 39 ) to assist any Federal agency , State , Territory , possession , or political subdivision thereof , or the District of Columbia , to perform a... | |
What are the potential penalties for individuals or corporations found guilty of monopolizing or attempting to monopolize trade or commerce among states or with foreign nations? | Every person who shall monopolize , or attempt to monopolize , or combine or conspire with any other person or persons , to monopolize any part of the trade or commerce among the several States , or with foreign nations , shall be deemed guilty of a felony , and , on conviction thereof , shall be punished by fine not e... | |
nder what circumstances can a person be deemed guilty of a felony in relation to trade or commerce among states or with foreign nations? | Every person who shall monopolize , or attempt to monopolize , or combine or conspire with any other person or persons , to monopolize any part of the trade or commerce among the several States , or with foreign nations , shall be deemed guilty of a felony , and , on conviction thereof , shall be punished by fine not e... | |
What are the potential punishments for a person convicted of monopolizing, attempting to monopolize, or conspiring to monopolize any part of the trade or commerce among states or with foreign nations? | Every person who shall monopolize , or attempt to monopolize , or combine or conspire with any other person or persons , to monopolize any part of the trade or commerce among the several States , or with foreign nations , shall be deemed guilty of a felony , and , on conviction thereof , shall be punished by fine not e... |
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