United States · United States Congress · 8 June 1976
Title I: Department of the Treasury - Appropriates for the Department of the Treasury for fiscal year 1977 specified sums for: (1) the Office of the Secretary; (2) the Office of Revenue Sharing; (3) the Federal Law Enforcement Training Center; (4) the Bureau of Government Financial Operations; (5) the Bureau of Alcohol, Tobacco, and Firearms; (6) the United States Customs Service; (7) the Bureau of the Mint; (8) the Bureau of the Public Debt; and (9) the Internal Revenue Service. Title II: U.S. Postal Service - Appropriates to the Postal Service fund for specified purposes $1,766,170,000 for fiscal year 1977. Title III: Executive Office of the President - Appropriates specified sums for the Executive Office of the President for fiscal year 1977 for: (1) Presidential compensation; (2) the White House Office; (3) the executive residence; (4) the official residence of the Vice President; (5) special assistance to the President; (6) the Council of Economic Advisers; (7) the Council on International Economic Policy; (8) the Council on Wage and Price Stability; (9) the Domestic Council; (10) the National Security Council; (11) the Office of Management and Budget; (12) the Office of Federal Procurement Policy; (13) the Office of Telecommunications Policy; and (14) unanticipated needs. Title IV: Independent Agencies - Appropriates specified sums for fiscal year 1977 for: (1) the Administrative Conference of the United States; (2) the Advisory Committee on Federal Pay; (3) the Advisory Committee on Intergovernmental Relations; (4) the Civil Service Commission; (5) government payment for annuitants' and employees' health benefits; (6) the Civil Service Retirement and Disability Fund; (7) the Federal Labor Relations Council; (8) intergovernmental personnel assistance; (9) the Commission on Executive, Legislative, and Judicial Salaries; (10) the Commission on the Review of the National Policy Toward Gambling; (11) the Committee for Purchase From the Blind and Other Severely Handicapped; (12) the Federal Election Commission; (13) the General Services Administration; (14) the National Center for Productivity and Quality of Working Life; (15) the National Commission on Supplies and Shortages; (16) the United States Tax Court; and (17) the Defense Civil Preparedness Agency. Title V: General Provisions - Specifies restrictions on the expenditure of funds appropriated by this Act. Title VI: General Provisions - Prohibits the employment of any person, with appropriated funds, unless such person is a citizen of the United States, a person who owes allegiance to the United States; a lawfully admitted alien from Cuba, Poland, South Viet Nam, or the Baltic, or who is in service of the United States when this Act is enacted and who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States. Prohibits the use of appropriated funds to influence legislation before Congress.
United States · United States Congress · 8 June 1976
Amends Title XIX (Medicaid) of the Social Security Act to require each State to have in operation programs of control over utilization of: (1) inpatient services provided by hospitals; (2) services provided by skilled nursing facilities; (3) services provided by intermediate care facilities; and (4) services provided by mental hospitals. Requires such control programs to include: (1) certification by a physician that such services were required to have been given on an inpatient basis; (2) assurance that services provided were furnished under a plan established and periodically reviewed and evaluated by a physician; (3) adherence to existing cost control procedures established under Title XIX; and (4) except in the case of care provided by hospitals, annual review and evaluation of the professional management of each case by independent professional review teams. Reduces the Federal share of Medicaid costs for each quarter during which one or more of such utilization control programs do not meet the requirements set forth in this Act.
United States · United States Congress · 8 June 1976
Authorizes the Secretary of the Interior to enter into an agreement with the Cherokee, Choctaw, and Chickasaw Indian Nations for the purchase or lease by the United States of each nations' right and interests in the riverbed of the Arkansas River. Authorizes necessary appropriations to carry out this Act.
United States · United States Congress · 30 April 1976
Amends the Medicare program of the Social Security Act to authorize payment under the supplementary medical insurance program for specified diagnostic tests and physical examinations given for the detection of breast cancer.
United States · United States Congress · 31 March 1976
Customs Paperwork Reduction Act - Amends the Tariff Schedules of the United States to increase from $250 to $500 the value of merchandise which may be imported for personal use or as gifts, and which are subject to customs duty of ten percent of the retail value rather than other rates.
United States · United States Congress · 25 March 1976
Peanut Act - Provides, under the Agricultural Adjustment Act of 1938, for a national acreage allotment of not less than 1,247,000 acres for the 1977 crop of peanuts. States that the farm yield for such crop shall be determined on a basis equal to 96 percent of the average actual yield per acre on the farm for the three highest yield years out of the five years preceding the year such yield determination is made. Provides that if peanuts were not produced on such farm in at least three years of such five-year period, the Secretary of Agriculture shall have a yield appraised at 90 percent of the yields established for similar farms. Establishes a farm marketing quota for such peanut crop equal to the quantity determined by multiplying the farm peanut acreage allotment by the farm yield. Sets forth economic penalties for the marketing of nonquota peanuts or the marketing of peanuts in a larger quantity or higher grade or quality than could reasonably be proved from the quality of peanuts or the grade acquired by handlers for marketing. States that only quota peanuts may be retained for use as seed on a farm and when so retained shall be considered as marketings of quota peanuts. Requires that all acreage planted to peanuts be measured and that the disposal of nonquota peanuts be supervised by area marketing associations designated pursuant to the Agricultural Act of 1949. Directs the Secretary of Agriculture under such Act to make price supports available to producers of the 1977 crop of peanuts through loans, purchases or other operations on quota peanuts at a net level of not less than 70 percent of the parity price as of April 1, 1977, and on nonquota peanuts at not more than 60 percent of the loan and purchase level for quota peanuts or 90 percent of the estimated value of peanuts for crushing, export, or both, whichever is lower. Directs the Commodity Credit Corportation to make warehouse storage loans available to marketing associations of specified producing areas which are selected and approved by the Corporation and which are operated primarily for the purpose of conducting such loan activities. Requires such associations to establish pools and maintain records by type for quota peanuts handled under loans and for nonquota peanuts produced without a contract between handler and producer. States that net gains on peanuts in such pool shall be distributed in proportion to the value of the peanuts placed in the pool by each grower. Provides that peanuts received under loan by such associations shall be offered for sale for domestic food and related uses. Sets forth the prices to be charged for such peanuts. Authorizes the sale for crushing or export of any peanuts received under loan which are not needed for domestic purposes. States that for the 1977 crop and subsequent crop of peanuts the Secretary shall permit the owner and operator of any farm for which a peanut acreage allotment is established to sell, lease, or transfer all or part of such allotment.
United States · United States Congress · 2 February 1976
Modifies the public works project at Wister Lake in Oklahoma to direct the Secretary of the Army, acting through the Chief of Engineers, to recover and preserve archeological data from project lands. Authorizes the appropriation of not in excess of $250,000 to carry out the purposes of this Act.
United States · United States Congress · 29 January 1976
Requires, where a defendent is found guilty of or pleads guilty to an explosive related offense for which one of the possible sentences is death, that the judge who presided at the trial or before whom the guilty plea was entered conduct a separate hearing to determine the existence of mitigating and aggravating factors. Dismisses such requirement where the Government stipulates that none of the aggravating factors exists or that one or more of the mitigating factors exists. Requires that the hearing be conducted before a jury or, if the defendent so moves, before the court alone, if the court and the Government approve. Requires the court to disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of national security. Removes from consideration any such presentence information withheld from the defendant. Sets forth trial procedures and directs the jury, or the court to return a special verdict setting forth its findings as to the existence or nonexistence of each aggravating and mitigating factor. Permits the imposition of the death penalty only where the jury or, where there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors exists and that none of the mitigating factors exists. Enumerates the mitigating and aggravating factors. (Amends 18 U.S.C. 844)
United States · United States Congress · 27 January 1976
Voting Rights Act Repealer Amendments Act - Amends the Voting Rights Act of 1965 to repeal the prohibitions against voting qualifications, prerequisites, tests, or devices which abridge the right of a citizen to vote who is a member of a language minority. Repeals the requirement that States and other political subdivisions make available registration and voting materials, and voting assistance in languages other than English in areas where (1) more than five percent of the citizens belong to a single language minority, and (2) the illiteracy rate of such minority exceeds the national rate.
United States · United States Congress · 27 January 1976
Expresses the sense of the House of Representatives that the people of Angola should be allowed to determine their own political future without foreign interference. Expresses support for efforts by the Organization of African Unity to achieve a settlement of the conflict in Angola. Calls upon all countries to terminate military assistance to any group in Angola. States that the President should do his utmost to seek an agreement among the various parties involved in hostilities or in the support of such hostilities in Angola to terminate such hostilities. Directs the President to refrain from providing assistance of any kind, for military activities in Angola, until specifically approved by Congress.
United States · United States Congress · 22 January 1976
Amends the Controlled Substances Act to make the theft or attempted theft of a controlled substance a Federal offense punishable by a $5,000 fine and/or imprisonment for not more than 20 years. Stipulates that persons who attempt to steal narcotics from a pharmacy by armed robbery shall be punished by imprisonment for not less than two years or more than 25 years and/or may be fined up to $10,000. Imposes a mandatory sentence of ten years to life for killing a person in an attempt to rob a pharmacy of narcotics.
United States · United States Congress · 22 January 1976
Entitles to a civil service annuity those employees of the Bureau of Indian Affairs or of the Indian Health Service who complete 20 years of service before December 31, 1955, who were employed continuously from June 17, 1974, to the date of separation, and who are not otherwise entitled to full retirement benefits or to an Indian preference. Sets forth the method of computation of such annuity.
United States · United States Congress · 21 January 1976
Permits a surviving spouse whose civil service annuity was terminated due to remarriage to enroll in a civil service health benefits plan upon restoration of such spouse's annuity if the spouse was covered by a health benefits plan at the time the annuity was terminated.
United States · United States Congress · 16 December 1975
Declares that the Congress has not delegated to the Federal Trade Commission any authority to preempt the laws of the States or their political subdivisions.
United States · United States Congress · 9 December 1975
Authorizes the restoration of eligibility for health benefits coverage to annuitants whose survivor annuities are restored following the termination of the remmariage which occasioned the suspension of benefits. (Amends 5 U.S.C. 8908)
United States · United States Congress · 20 November 1975
States that the staffing standards imposed for child day care centers under title XX (Grants to States for Services) of the Social Security Act shall be determined by the State, but in any event such standards shall be no lower than the corresponding standards which were required under applicable State law on September 15, 1975. Provides that if such standards are less than 125 percent of such corresponding standards, they shall be increased to that amount within 6 months. Encourages the employment of welfare recipients in the provision of child day care services by authorizing grants to providers hiring welfare recipients in amounts equal to 80 percent of such person's wages (up to $6,000).
United States · United States Congress · 13 November 1975
Propane Allocation Act - States the purpose of the Act of requiring the Administrator of the Federal Energy Administration to deal on a temporary basis with propane shortages to minimize their impact. Directs the Administrator, within given limitations, to regulate the equitable allocation of propane and its wholesale price. Outlines procedures for computing the price of propane recovered from oil and that derived from gas. Terminates authority granted under this Act at midnight, June 30, 1976, except for actions or pending proceedings not finally determined and actions and proceedings based upon any act committed prior to that date. Provides that willful violators may be fined not more than $5000 for each violation. Subjects any violator to a civil penalty of not more than $2500 for each violation. Grants United States district courts exclusive original jurisdiction of all cases or controversies arising under this Act, subject to enumerated conditions. Preempts State and local law whenever there is a conflict involving the allocation of propane. Mandates submission to the Attorney General of any proposed regulations on allocation. Directs the Attorney General to advise the President on the possible effect of such regulations on anticompetitive practices, and to suggest any alternatives which might be more consistent with the antitrust laws. Requires that whenever two or more individuals involved in the propane business meet, confer, or communicate in such a manner as might be construed to violate the antitrust laws, they shall do so only: (1) upon a personal or delegated order of the Administrator, specifying and limiting the subject matter and objectives, and (2) in the presence of a representative of the Department of Justice's Antitrust Division, with a verbatim transcript taken and deposited for public inspection with the Attorney General and the Federal Trade Commission. Restricts, to levels of prior usage, purchase or use of propane for feedstock for any synthetic natural gas or peak shaving for any gas utility.
United States · United States Congress · 13 November 1975
Provides that in any case where a dock has been lawfully constructed on real property of the United States, the person who on the date of enactment of this Act owns such dock is granted a permanent easement for an unlimited period of time for the use of such dock.
United States · United States Congress · 6 November 1975
Authorizes the restoration of health benefits coverage to the surviving spouse of a Federal annuitant in those cases of restored survivor annuity following the dissolution of a remarriage where such remarriage had terminated such benefits. (Adds 5 U.S.C. 8908(a))
United States · United States Congress · 29 October 1975
Directs the Indian Claims Commission to determine the value of property interests of which the Seminole Nation of Oklahoma was deprived as a result of Federal legislation and to render final judgment thereon.
United States · United States Congress · 22 October 1975
Condemns the resolution adopted by the Third Committee of the United Nations General Assembly which equates Zionism with racism, and urges the U.N. General Assembly to disapprove such resolution.
United States · United States Congress · 9 October 1975
Authorizes the President to issue a proclamation designating the week in November which includes Thanksgiving Day in each year as "National Family Week."
United States · United States Congress · 19 September 1975
Provides, under title XX (Grants to States for Services) of the Social Security Act, that the regulations prescribed by the Secretary of Health, Education, and Welfare to impose staffing standards for day care centers shall require staff-to-child ratios of one adult for each child under six weeks old and (subject to State action in specified cases) one adult for each eight children between six weeks and three years old.
United States · United States Congress · 3 September 1975
Requires that any rule or regulation proposed by any officer or agency of the executive branch of the Federal Government to implement a law or a program pursuant to a law must be submitted to both Houses of Congress for review. States that such rule or regulation shall become effective 60 legislative days after submission if Congress neither disapproves it by resolution or passes a concurrent resolution specifically approving such rule or regulation. Incorporates the provisions of this Act into the rules of the two Houses of Congress. Establishes procedural rules with respect to the consideration of a resolution disapproving the proposed rule or regulation.
United States · United States Congress · 11 July 1975
Treasury, Postal Service, and General Government Appropriation Act - Makes appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain independent agencies, for fiscal year 1976, and the period ending September 30, 1976. Title I: Department of the Treasury - Treasury Department Appropriation Act - Appropriates funds for the Office of the Secretary, the Office of Revenue Sharing, and the Federal Law Enforcement Training Center. Appropriates funds for the Bureau of Government Financial Operations, for the Bureau of Alcolhol, Tobacco and Firearms, for the United States Customs Service, the Bureau of the Mint, the Bureau of Public Debt, the Internal Revenue Service, and for the United States Secret Service. Title II: Postal Service - Postal Service Appropriation Act - Appropriates specified amounts to the Postal Service Fund. Title III: Executive Office of the President - Executive Office Appropriation Act - Appropriates funds for compensation of the President, and for various Presidential advisory and regulatory offices. Title IV: Independent Agencies - Independent Agencies Appropriation Act - Appropriates funds for various independent agencies, including the Civil Service Commission, the Federal Election Commission, and the General Services Administration. Title V: General Provisions - Sets forth regulations with respect to the disposition of funds appropriated by this Act. Title VI: General Provisions - Sets forth regulations governing the expenditure of funds appropriated by this Act.
United States · United States Congress · 25 June 1975
Stipulates that no regulation, or modification of a regulation, concerning intermediate care facilities for the mentally retarded promulgated by the Secretary of Health, Education, and Welfare pursuant to the Medicaid provisions of the Social Security Act after January 1, 1974, shall be effective prior to July 1, 1976.
United States · United States Congress · 19 June 1975
Requires, under the Federal Water Pollution Control Act, a permit from the Secretary of the Army, acting through the Chief of Engineers, for the discharge of dredged or fill material into channels of navigable waters at sewage disposal sites.
United States · United States Congress · 17 June 1975
Broadcast License Renewal Act - Permits the Federal Communications Commission to extend three-year broadcast licenses for an additional two years upon a finding of public interest. Requires in making such determination, considerations of whether different term lengths for radio and television stations and for different categories of licensees are in the public interest. Limits other class licenses to a five-year maximum, prescribing the renewal procedures for such licenses and the criteria to be considered in renewal, including responsiveness and lack of serious deficiencies. Sets guidelines for expeditious action on applications for renewal of broadcasting station licenses by limiting material required to be filed. Requires the Commission to examine the renewal process and report within six months on methods of reducing and consolidating filings and supporting documents.
United States · United States Congress · 12 June 1975
Stipulates that no regulation, or modification of a regulation, concerning intermediate care facilities for the mentally retarded promulgated by the Secretary of Health, Education, and Welfare pursuant to the Medicaid provisions of the Social Security Act after January 1, 1974 shall be effective prior to July 1, 1976 unless such regulation has been approved by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
United States · United States Congress · 10 June 1975
Expresses the sense of the House of Representatives that it does not favor specified proposed amendments to the rules and regulations of the Small Business Administration pertaining to the imposition of loan maturity fees and other fees and charges for loan application preparation.
United States · United States Congress · 5 June 1975
Authorizes the conveyance of oil and gas mineral leases to specified recreational demonstration project lands by the State of Oklahoma in Carter County, Oklahoma.
United States · United States Congress · 19 May 1975
Authorizes the Secretary of Transportation to make a loan of $100,000,000 to the Chicago, Rock Island, and Pacific Railroad Company. Establishes conditions which shall be required by the Secretary before granting such loan. Empowers the Secretary to approve any modifications of any provision of the loan made under this Act. Directs the Secretary to issue such rules and regulations as are appropriate to carry out the purposes of this Act. Grants the Secretary powers necessary to enforce the provisions and conditions of this Act. Requires the Secretary to report to the President and to the Congress with respect to his activities pursuant to this Act and to make recommendations for additional legislative action. Declares that the Comptroller General of the United States shall have access to such information, books, records, and documents as he determines necessary to audit operations carried out in the administration of this Act. Authorizes the appropriation of such sums as may be necessary to carry out this Act in addition to the amount to be loaned.
United States · United States Congress · 6 May 1975
Authorizes the President and the Vice President to increase the size of their professional staff and to acquire the intermittent services of consultants and experts at rates of pay not to exceed that of level II of the Executive Schedule. Authorizes appropriations to the President for official reception, entertainment, and representation expenses; and for unanticipated needs for furtherance of the national interest, security, or defense. Authorizes the Domestic Council to appoint employees at rates set forth in this Act. Increases the President's annual travel allowance from $40,000 to $100,000.
United States · United States Congress · 6 May 1975
Increases from $1,000,000 to $10,000,000 the amount of interest on industrial development bonds which may be excluded from gross income under the Internal Revenue Code of 1954.
United States · United States Congress · 1 May 1975
Authorizes the Secretary of the Interior to enter into an amendatory contract with the Central Oklahoma Master Conservancy District providing for an adjustment in the payment obligations of such District. States that such adjustment is for the purpose of enabling such District to repair the Del City aqueduct, a feature of the Norman Federal reclamation project, Oklahoma.
United States · United States Congress · 8 April 1975
Increases the amount authorized to be expended by the President for traveling expenses to $100,000 (presently $40,000). Authorizes the President to appoint and fix the pay of White House Office personnel, and to procure White House Office services necessary for the performance of his official duties. Authorizes to be appropriated for each fiscal year such sums as are necessary for official Presidential receptions and entertainment, for official Vice-Presidential expenses, for specified unanticipated Presidential needs, and for the Domestic Council.
United States · United States Congress · 21 March 1975
Provides that specified rural hospitals shall be exempt for a period of 18 months from the requirements and provisions of Title XI of the Social Security Act relating to the establishment of professional standards review organizations and from the provisions of such Act and the regulations governing utilization review and utilization control procedures under the medicare, medicaid, and maternal and child health programs. Directs the Secretary of Health, Education, and Welfare to investigate alternative methods of utilization review and control for rural hospitals. Defines "rural hospitals" for purposes of this Act as meaning a hospital which is located in a community having a population of less than 50,000, but only if: (1) there is no other is no other community which has a population of fifty thousand or more within a ten-mile radius of such hospital; (2) the combined average patient load for all hospitals within such ten-mile radius is less than forty per day; and (3) the number of practicing physicians on the regular staff of such hospital does not exceed seven.
United States · United States Congress · 14 March 1975
Establishes the Chickasaw National Recreation Area in Oklahoma and outlines the boundaries for such area. Authorizes the Secretary of the Interior to acquire lands within the boundaries of the recreation area by donation, purchase or exchange. Permits the Secretary to specify the type of activity to occur on such lands. Authorizes necessary appropriations to carry out the provisions of this Act.
United States · United States Congress · 13 March 1975
Makes loans available, under the Small Business Act, for small businesses suffering economic injuries as the result of the disruption of operations and services of public utilities occurring on or after February 1, 1975.
United States · United States Congress · 13 March 1975
Authorizes the Secretary of the Interior to engage in a feasibility investigation of the Seward Project, Logan and Oklahoma Counties, Oklahoma for potential water resource development.
United States · United States Congress · 13 March 1975
Authorizes the Secretary of the Interior to construct, operate, and maintain the McGee Creek project, Oklahoma, for the purpose of: (1) storing, regulating, and conveying water for municipal and industrial use; (2) conserving and developing fish and wildlife resources; and (3) providing recreation and controlling floods. Authorizes the appropriation of $40,000,000, plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein.
United States · United States Congress · 13 March 1975
Authorizes the Secretary of Transportation to make a loan of $100,000,000 to the Chicago, Rock Island, and Pacific Railroad Company. Establishes conditions which shall be required by the Secretary before granting such loan. Empowers the Secretary to approve any modifications of any provision of the loan made under this Act. Directs the Secretary to issue such rules and regulations as are appropriate to carry out the purposes of this Act. Grants the Secretary powers necessary to enforce the provisions and conditions of this Act. Requires the Secretary to report to the President and to the Congress with respect to his activities pursuant to this Act and to make recommendations for additional legislative action. Declares that the Comptroller General of the United States shall have access to such information, books, records, and documents as he determines necessary to audit operations carried out in the administration of this Act. Authorizes the appropriation of such sums as may be necessary to carry out this Act in addition to the amount to be loaned.
United States · United States Congress · 10 March 1975
Authorizes the President to invite the States of the Union and foreign nations to participate in the International Petroleum Exposition to be held at Tulsa, Oklahoma, from May 16, 1976, through May 22, 1976.
United States · United States Congress · 27 February 1975
Prescribes the method of distributing funds previously appropriated to pay specified Indian Claims Commission judgments to the Sac and Fox Tribe of Oklahoma, the Sac and Fox Tribe of the Mississippi in Iowa, and the Sac and Fox Tribe of the Missouri in Kansas and Nebraska.
United States · United States Congress · 26 February 1975
Provides price support for milk, under the Agricultural Act of 1949, at not less than 85 percent of the parity price therefor, beginning on the date of enactment and ending on March 31, 1976. Directs the Secretary of Agriculture to adjust the parity price at the beginning of each quarter to reflect the changes in the prices paid by farmers for production items, interest, taxes and wages in the preceeding quarter. States that it is the sense of the Congress that the President shall take appropriate action to limit the quantity of meat imports to an amount equal to the adjusted base quantity estimate for the current calendar year. States that it is further the sense of Congress that the President issue a proclamation stating that import quotas on butter, butter oil, cheddar cheese, and nonfat dry milk not be increased above the levels prevailing as of June 1, 1971.
United States · United States Congress · 25 February 1975
Provides that specified rural hospitals shall be exempt for a period of 18 months from the requirements and provisions of Title XI of the Social Security Act relating to the establishment of professional standards review organizations and from the provisions of such Act and the regulations governing utilization review and utilization control procedures under the medicare, medicaid, and maternal and child health programs. Directs the Secretary of Health, Education, and Welfare to investigate alternative methods of utilization review and control for rural hospitals. Defines "rural hospitals" for purposes of this Act as meaning a hospital which is located in a community having a population of less than 50,000, but only if: (1) there is no other is no other community which has a population of fifty thousand or more within a ten-mile radius of such hospital; (2) the combined average patient load for all hospitals within such ten-mile radius is less than forty per day; and (3) the number of practicing physicians on the regular staff of such hospital does not exceed seven.
United States · United States Congress · 5 February 1975
Provides for the relief of those members of the class action suit, Mozella Frey against the United States of America, filed in the U.S. District Court for the Western District of Oklahoma, for whom judgements were entered by such court, but later vacated by the U.S. Court of Appeals for the 10th Circuit.