96-15867. Transfer of Administrative Jurisdiction; Sam Rayburn Dam and Reservoir Project  

  • [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
    
    

Document Information

Effective Date:
4/23/1996
Published:
06/21/1996
Department:
Agriculture Department
Entry Type:
Notice
Action:
Notice of joint interchange of lands; correction and republication.
Document Number:
96-15867
Dates:
The order was effectively April 23, 1996, when originally published in the Federal Register.
Pages:
31915-31917 (3 pages)
PDF File:
96-15867.pdf