[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Notices]
[Pages 31915-31917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15867]



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DEPARTMENT OF AGRICULTURE

Transfer of Administrative Jurisdiction; Sam Rayburn Dam and 
Reservoir Project

AGENCY: Forest Service, USDA.

ACTION: Notice of joint interchange of lands; correction and 
republication.

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SUMMARY: On April 23, 1996, the Forest Service published a notice in 
the Federal Register (61 FR 17872) of a joint interchange of lands with 
the Department of Army. The summary of that notice had two minor 
errors; additionally, the legal land descriptions (Exhibits A-1 and B-
1) were not published with the notice. The agency is republishing the 
notice to correct these errors.

EFFECTIVE DATE: The order was effectively April 23, 1996, when 
originally published in the Federal Register.

FOR FURTHER INFORMATION CONTACT:
David M. Sherman, Lands Staff, Forest Service, USDA, Telephone: (202) 
205-1362.

SUPPLEMENTARY INFORMATION: On October 10, 1995, and January 11, 1996, 
the Secretary of the Army and the Secretary of Agriculture respectively 
signed a joint interchange order agreeing to the transfer or 
administrative jurisdiction from the Department of Agriculture to the 
Department of the Army of 36.286 acres, more or less, lying within the 
Angelina National Forest in Jasper County, Texas, and from the 
Department of the Army to the Department of Agriculture of 48.29 acres, 
more or less, lying within the exterior boundaries of the Sabine 
National Forest in Sabine County, Texas. As required by the Act of July 
26, 1956, Congress received 45 days advance notice of this action.
    A copy of the Joint Order, as signed, and the accompanying Exhibits 
A-1 and B-1 are set out at the end of this notice. Exhibits A and B, 
references to which are in the Joint Order, are maps that are on file 
and available for public inspection in the office of the Director, 
Lands Staff, Forest Service, USDA, 4 South, Auditors Building, 14th and 
Independence Avenue, S.W., Washington, D.C.

    Dated: June 6, 1996.
Valdis E. Mezainis,
Acting Chief.
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DEPARTMENT OF THE ARMY

DEPARTMENT OF AGRICULTURE

Sam Rayburn Reservoir, Texas

Joint Order Interchanging Administrative Jurisdiction of Department 
of the Army Lands and National Forest Lands

    By Virtue of the authority vested in the Secretary of Agriculture 
and the Secretary of the Army by Public Law 804 dated July 26, 1956 (70 
Stat. 656; 16 U.S.C. 505a, 505b) it is ordered as follows:
    (1) The jurisdiction now held by the Secretary of the Army over the 
Army lands described in Exhibits A and A-1, attached hereto and made a 
part hereof, which lands are within the boundaries of the Sabine 
National Forest, Texas, is hereby transferred from the Secretary of the 
Army to the Secretary of Agriculture, subject to the Corps of 
Engineers' full, complete and perpetual right, power, privilege and 
easement occasionally to overflow, flood and submerge the land 
described in Exhibits A and A+1 lying below elevation 179' National 
Geodetic Vertical Datum (NGVD), and its right to maintain mosquito 
control as may be required in connection with the construction, 
operation and maintenance of the Sam Rayburn Reservoir Project, Texas, 
provided that no structures for human habitation shall be constructed 
or maintained on said land, and that no other structures shall be 
constructed or maintained on said land except as may be approved in 
writing by the representatives of the United States in charge of the 
Project, and that no excavation shall be conducted and no landfill 
placed on the land without such approval as to the location and method 
of excavation and/or placement of landfill, provided further that any 
use of the land shall be subject to Federal and State laws with respect 
to pollution.
    (2) The jurisdiction now held by the Secretary of Agriculture over 
the National Forest lands described in Exhibits B and B-1, attached 
hereto and made a part hereof, which are a part of the Angelina 
National Forest, Texas, is hereby transferred from the Secretary of 
Agriculture to the Secretary of the Army, subject to continued access 
thereover by the Forest Service as may be necessary for National Forest 
purposes.
    (3) Pursuant to Section 2 of the aforesaid Act of July 26, 1956, 
the National Forest lands transferred to the Secretary of the Army by 
this order are hereafter subject only to the laws applicable to the 
Department of the Army lands comprising the Sam Rayburn Reservoir 
Project, Texas. the Department of the Army lands transferred to the 
Secretary of Agriculture by this order are hereby subject to the laws 
applicable to lands acquired under the Act of March 1, 1911 (38 Stat. 
961), as amended, in addition to the laws applicable to the Department 
of Army necessary to provide for flood control as specified in 
paragraph 1 of this Order. Pursuant to authority contained in section 
11 of the Act of March 1, 1911, the Secretary of Agriculture hereby 
orders that those lands transferred to the Secretary of Agriculture 
shall be administered as a

[[Page 31916]]

part of the Sabine National Forest, Texas.
    This order will be effective as of date of publication in the 
Federal Register.

    Dated: October 10, 1996.
Togo D. West, Jr.,
Secretary of the Army.
    Dated: January 11, 1996.
Dan Glickman,
Secretary of Agriculture.

Exhibit A-1--Sam Rayburn Dam and Reservoir Sabine County, Texas; Land 
Transfer to U.S. National Forest Service, Department of Agriculture

    A tract of land situated in the County of Sabine, State of Texas, 
and being part of the Mishack Cummings Survey (A-11), all bearings 
being referred to the Texas Plane Coordinate System, Central Zone, and 
being part of Tract 1221-1, an 84.30 acre tract acquired by the United 
States of America from Ward Hamilton, et al, by Civil Action 4421, 
filed 27 March 1961, also being the same tract from which 32.11 acres 
were previously conveyed to the U.S. National Forest Service, and over 
which the U.S.A. reserved a permanent flowage easement, and being more 
particularly described as follows:
    Beginning North 24 deg.00'00'' East, approximately 4640.00 feet 
from U.S. Forest Service concrete monument CA-S 514, for the most 
Westerly corner of the Mishack Cummings Survey (A-11), said Beginning 
Point also being a West corner of the Ward Hamilton property and the 
North corner of the S.G. Fletcher, et al, property, said point also 
being on the centerline of McKim Creek;
    Thence upstream with the meanders of the centerline of said McKim 
Creek, in a Northeasterly direction, approximately 3700.00 feet (a 
straight line which bears North 61 deg.19'00'' East, 3150.00 feet) to a 
corner of the Ward Hamilton property, also being a corner of the U.S. 
National Forest Service property;
    Thence along common line between the Ward Hamilton and U.S. 
National Forest Service properties as follows:
    South 41 deg.23'00'' East, 495.00 feet to a common corner of said 
properties;
    South 40 deg.00'00'' West, 100.00 feet to a common corner of said 
properties;
    South 77 deg.06'00'' East, 750.00 feet, to government marker 1221-
1-5, also being the most Easterly corner of the Ward Hamilton property, 
same being the North corner of the T.D. Vinson property;
    Thence along the common line between the Ward Hamilton and T.D. 
Vinson properties, South 49 deg.05'11'' West, 185.29 feet;
    Thence continuing along said common line between the Ward Hamilton 
and T.D. Vinson properties as follows:
    South 45 deg.30'00'' West, 600.00 feet, to a government marker;
    South 49 deg.05'37'' West, 500.00 feet, to a government marker, at 
a South corner of the Ward Hamilton property; also being an interior 
corner of the T.D. Vinson property, (DEED-South 45 deg.30'00'' West, 
1150.00 feet);
    Thence along common line between the Ward Hamilton and T.D. Vinson 
properties, North 54 deg.05'00'' West, 600.00 feet, to an interior 
corner of the Ward Hamilton property, same being a Southerly North 
corner of the T.D. Vinson property;
    Thence along common line between the Ward Hamilton and T.D. Vinson 
properties, South 37 deg.24'00'' West, 750.00 feet to a point for 
corner at government marker 1221-1-9;
    Thence severing the said Ward Hamilton property, North 
72 deg.34'58'' West, 179.00 feet, (DEED-North 72 deg.35'00'' West, 
200.00 feet) to a point for corner in the Easterly Right-of-Way for the 
proposed relocation of U.S. Highway No. 96, said point also being at 
government marker 1221-1-10;
    Thence continuing to sever the said Ward Hamilton property with the 
Easterly Right-of-Way for the proposed relocation of U.S. Highway No. 
96, with a 2 deg.00'00'' curve to the right, approximately 1250.00 
feet, (Actual-a straight line which bears South 16 deg.44'00'' West, 
1246.00 feet) to a point for corner, (DEED-a straight line which bears 
South 19 deg.50' West 1205.00 feet) to a point for corner, said point 
being at government marker 1221-1-11;
    Thence continuing to sever said Ward Hamilton property with the 
Easterly Right-of-Way for the proposed relocation of U.S. Highway No. 
96 as follows:
    North 61 deg.44'38'' West, 20.00 feet, (DEED-North 61 deg.39'00'' 
West, 20.00 feet) to a point at government marker 1221-1-12;
    South 28 deg.15'22'' West, 73.24 feet, (DEED-South 28 deg.21'00'' 
West, 73.24 feet) to a point for corner at government marker 1221-1-13;
    Thence crossing said proposed relocation of U.S. Highway No. 96, 
North 61 deg.44'38'' West, 120.00 feet, (DEED-North 61 deg.39'00'' 
West, 120.00 feet) to a point for corner in the Westerly Right-of-Way 
for the proposed relocation of U.S. Highway No. 96, said point also 
being government marker 1221-1-14;
    Thence continuing to sever the said Ward Hamilton property with the 
Westerly Right-of-Way for the proposed relocation of U.S. Highway No. 
96, North 28 deg.15'22'' East, 73.24 feet at government marker 1221-1-
15, (DEED-North 28 deg.21'00'' East, 73.24 feet to centerline station 
458+63.24), same being the P.C. of a 2 deg.00'00'' curve to the left;
    Thence continuing to severe said Ward Hamilton property with the 
Westerly Right-of-Way for the proposed relocation of U.S. Highway No. 
96 and along said 2 deg.00'00'' curve to the left, approximately 
1250.00 feet, (Actual--a straight line which bears North 16 deg.44'42'' 
East, 1137.53 feet), (DEED--a straight line which bears North 
19 deg.50'00'' East, 1205.00 feet) to a point for corner at government 
marker 1221-1-16;
    Thence continuing to sever said Ward Hamilton property as follows:
    South 85 deg.20'10'' West, 190.14 feet, to a point at government 
marker 1221-1-17, (DEED-South 78 deg.26'00'' West 280.00 feet);
    South 14 deg.29'07'' West, 490.98 feet to a point at government 
marker 1221-1-18, (DEED-South 14 deg.20'00'' West, 490.00 feet);
    South 64 deg.26'07'' West, 349.4 feet to a point at government 
marker 1221-1-19, (DEED-South 64 deg.08'00'' West, 350.00 feet);
    South 06 deg.45'13'' West, 238.10 feet to a point at government 
marker 1221-1-20, (DEED-South 06 deg.35'00'' West, 238.00 feet);
    North 88 deg.55'08'' West, 223.00 feet to a point at government 
marker 1221-1-21, (DEED-North 89 deg.08'00'' West, 223.00 feet);
    South 54 deg.19'25'' West, 343.90 feet to a point at government 
marker 1221-1-22, (DEED-South 54 deg.10'00'' West, 344.00 feet);
    North 59 deg.15'06'' West, 144.95 feet to a point at government 
marker 1221-1-23, (DEED-North 59 deg.21'00'' West, 150.00 feet) to a 
point for corner in common line between the Ward Hamilton and S.G. 
Fletcher, et al, properties;
    Thence along common line between the Ward Hamilton and S.G. 
Fletcher, et al, properties, North 33 deg.18'00'' East, 600.00 feet to 
an interior corner of the Ward Hamilton property also being the East 
corner of the S.G. Fletcher, et al, property;
    Thence along common line between the Ward Hamilton and S.G. 
Fletcher, et al, properties, North 44 deg.21'00'' West, 815.00 feet to 
the point of beginning.
    Save and except the 32.11 acre tract previously transferred from 
the United States of America to the National Forest Service, of which 
the United States of America reserved a permanent flowage easement over 
the entire 32.11 acres.

[[Page 31917]]

    Also, save and except the following described portion of U.S. 
Highway No. 96:
    Beginning at a point in the Easterly Right-of-Way for the proposed 
relocation of U.S. Highway No. 96, said point also being at government 
marker 1221-1-10;
    Thence continuing to sever the said Ward Hamilton property with the 
Easterly Right-of-Way for the proposed relocation of U.S. Highway No. 
96, with a 2 deg.00'00'' curve to the right, approximately 1250.00 
feet, (Actual-a straight line which bears South 16 deg.44'42'' West, 
1246.00 feet) to a point for corner, (DEED-a straight line which bears 
South 19 deg.50'00'' West, 1205.00 feet) to a point for corner, said 
point being at government marker 1221-1-11;
    Thence continuing to sever said Ward Hamilton property with the 
Easterly Right-of-Way for the proposed relocation of U.S. Highway No. 
96 as follows:
    North 61 deg.44'38'' West, 20.00 feet, (DEED-North 61 deg.39'00'' 
West, 20.00 feet) to a point at government marker 1221-1-12;
    South 28 deg.15'21'' West, 73.24 feet, (DEED-South 28 deg.21' West, 
73.24 feet) to a point for corner at government marker 1221-1-13;
    Thence crossing said proposed relocation of U.S. Highway No. 96, 
North 61 deg.44'38'' West, 120.00 feet, (DEED-North 61 deg.39'00'' 
West, 120.00 feet) to a point for corner in the Westerly Right-of-Way 
for the proposed relocation of U.S. Highway No. 96, said point also 
being government marker 1221-1-14;
    Thence continuing to sever the said Ward Hamilton property with the 
Westerly Right-of-Way for the proposed relocation of U.S. Highway No. 
96, North 28 deg.15'22'' East, 73.24 feet at government marker 1221-1-
15, (DEED-North 28 deg.21'00'' East, 73.24 feet to centerline station 
458+63.24), same being the P.C. of a 2 deg.00'00'' curve to the left;
    Thence continuing to severe said Ward Hamilton property with the 
Westerly Right-of-Way for the proposed relocation of U.S. Highway No. 
96 and along said 2 deg.00'00'' curve to the left, approximately 
1250.00 feet, (Actual--a straight line which bears North 16 deg.44'42'' 
East, 1137.53 feet), (DEED--a straight line which bears North 
19 deg.50'00'' East, 1205.00 feet) to a point for corner at government 
marker 1221-1-16;
    Thence in a Northeasterly direction to the point of beginning, said 
point being at government marker 1221-1-10, containing 4.00 acres, more 
or less.
    The above described tract of land to be transfered contains 48.29 
acres, more or less.


Exhibit B-1--Sam Rayburn Dam and Reservoir; Sabin County, Texas; Tract 
No. 233; Owner: Department of Agriculture; Acreage: 36.286

    A tract of land situated in the County of Jasper, State of Texas, 
and being part of the Thomas McGalin Survey (A-26), all bearings being 
referred to the Texas Plane Coordinate System, Central Zone, and being 
more particularly described as follows:
    Commencing at a point in the boundary for Sam Rayburn Reservoir at 
found government marker A-3, said marker being in the common line 
between said Reservoir and the U.S. National Forest Service, Angelina 
National Forest;
    Thence North 22 deg.34'24'' West, 1197.88 feet to set monument A-2-
6, said monument also being the POINT OF BEGINNING;
    Thence South 38 deg.32'53'' West, 1091.64 feet, to set monument A-
2-5 for corner;
    Thence South 84 deg.23'31'' West, 1587.57 feet, to set monument A-
2-4 for corner;
    Thence North 09 deg.32'59'' West, 572.95 feet, to set monument A-2-
3 for corner;
    Thence North 85 deg.25'21'' East, 1379.41 feet, to set monument A-
2-2 for corner;
    Thence North 29 deg.42'48'' East, 1306.22 feet, to set monument A-
2-1, said monument also being in the common line for Sam Rayburn 
Reservoir and the U.S. National Forest Service;
    Thence South 22 deg.34'24'' East, 867.10 feet, to the point of 
beginning, and containing 36.286 acres, more or less.

[FR Doc. 96-15867 Filed 6-20-96; 8:45 am]
BILLING CODE 3410-11-M