[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Notices]
[Pages 49298-49299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24021]


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DEPARTMENT OF AGRICULTURE

Transfer of Administrative Jurisdiction; Applegate Lake Project

AGENCY: Forest Service, USDA.

ACTION: Notice of joint interchange of lands.

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SUMMARY: On December 7, 1995, and May 6, 1996, the Secretary of the 
Army and the Secretary of Agriculture respectively signed a joint 
interchange order agreeing to the transfer of administrative 
jurisdiction from the Department of Agriculture to the Department of 
the Army of 66.28 acres, more or less, lying within the Rogue River 
National Forest in Jackson County, Oregon, and from the Department of 
the Army to the Department of Agriculture of 2,755.82 acres, more or 
less, lying within the exterior boundaries of the Rogue River National 
Forest in Jackson County, Oregon. As required by the Act of July 26, 
1956, Congress has received 45 days advance notice of this action. A 
copy of the Joint Order, as signed, appears at the end of this notice.

DATES: The order is effective September 19, 1996.

ADDRESSES: The maps are on file and available for public inspection in 
the office of the Director, Lands Staff, 4 South, Auditors Building, 
Forest Service, USDA, 14th and Independence Avenue, S.W., Washington, 
D.C.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to David M. Sherman, Lands Staff, Forest Service, 
USDA, Telephone: (202) 205-1362.
David G. Unger,
Associate Chief.

Enclosure

Department of the Army

Department of Agriculture

Office of the Secretaries, Applegate Lake Project, Oregon and 
California

    Joint Order Interchanging Administrative Jurisdiction of 
Department of the Army Lands and National Forest System Lands.
    By virtue of the authority vested in the Secretary of the Army 
and in the Secretary of Agriculture by Public Law 804 of the 84th 
Congress approved 26 July 1956 (70 Stat. 656; 16 U.S.C. 505a, 505b), 
it is ordered as follows:
    (1) The lands under the jurisdiction of the Department of the 
Army described in Exhibit

[[Page 49299]]

``A'' attached hereto and made a part hereof, which lands lie within 
or adjacent to the exterior boundaries of the Rogue River National 
Forest, Oregon, highlighted in gold on the land interchange map, are 
hereby transferred from the Secretary of the Army to the Secretary 
of Agriculture, subject to reservations described in Exhibit ``B'' 
attached hereto and made a part hereof, and to outstanding rights or 
interests of record and to such continued use by the Corps of 
Engineers of all of these lands which are necessary for the 
operation and maintenance of the Applegate Lake Project for its 
intended purposes. The Portland District, Corps of Engineers will 
retain administration of all outgrants as they are not assignable.
    (2) The National Forest System Lands described in Exhibit ``C'', 
attached hereto and made a part hereof, which are a part of the 
Rogue River National Forest, Oregon, highlighted in red on the land 
interchange map, are hereby transferred from the jurisdiction of the 
Secretary of Agriculture to the jurisdiction of the Secretary of the 
Army, subject to outstanding rights or interests of record.
    (3) Pursuant to Section 2 of the aforesaid Act of 26 July 1956, 
the National Forest lands transferred to the Secretary of the Army 
by this order are hereby subject only to the laws applicable to the 
Department of the Army lands comprising the Applegate Lake. 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 1 March 1911 (36 Stat. 961), as 
amended.
    This order will be effective as of date of publication in the 
Federal Register.

    Dated: December 7, 1995.
Togo D. West, Jr.,
Secretary of the Army.

    Dated: May 6, 1996.
Dan Glickman,
Secretary of Agriculture.

  Exhibit ``A'' to Joint Order of Interchange Legal Description for the 
    Areas To Be Transferred To the Department of Agriculture for the    
                         Applegate Lake Project                         
[Department of the Army Fee Acquired Lands, Willamette Meridian, Jackson
                             County, Oregon]                            
------------------------------------------------------------------------
                                                                 Acreage
------------------------------------------------------------------------
T. 40 S., R. 3 W.,                                                      
  Section 30, NW\1/4\NE\1/4\NW\1/4\, portions of NW\1/                
   4\NW\1/4\ and SW\1/4\NW\1/4\.............................     50.72
T. 40 S., R. 4 W.,                                                      
  Section 25, portion of S\1/2\SE\1/4\SE\1/4\...............      1.08
  Section 35, SE\1/4\SE\1/4\.................................     40.02
  Section 36..................................................  \1\ 656.
                                                                      66
T. 41 S., R. 3 W.,                                                      
  Section 6, lots 1, ,2, 3, 4, SE\1/4\NW\1/4\, SW\1/4\NE\1/           
   4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\, SE\1/4\SW\1/4\, and           
   S\1/2\SE\1/4\.............................................    441.68
T. 41 S., R. 4 W.,                                                      
  Section 1, NE\1/4\NW\1/4\, NE\1/4\.........................    200.00
  Section 2, S\1/2\, S\1/2\NW\1/4\, NE\1/4\NW\1/4\, SW\1/             
   4\NE\1/4\, and N\1/2\NE\1/4\.............................  \1\ 564.
                                                                      40
  Section 3, S\1/2\SW\1/4\...................................     80.00
  Section 4, E\1/2\SE\1/4\...................................     80.00
  Section 10, E\1/2\, NW\1/4\, N\1/2\SW\1/4\.................  \1\ 561.
                                                                      26
  Section 11, W\1/2\NW\1/4\..................................     80.00
                                                               ---------
      Total acres.............................................  2,755.82
------------------------------------------------------------------------
\1\ Acres as deeded.                                                    

Exhibit ``B'' to Joint Order of Interchange Corps of Engineers 
Reservations for the Areas To Be Transferred to the Department of 
Agriculture for the Applegate Lake Project

    a. Reserving a perpetual flowage easement for the purpose of 
inundation, saturation, percolation, and wave action which may 
result from a pool, including backwater effect therefrom created by 
operation of the Applegate Lake Project by the Corps at a water 
elevation of 1,987 feet above mean sea level, U.S.C. & G.S. datum at 
the dam, including temporary fluctuations above this elevation 
resulting from wave and surge action due to wind and other 
uncontrollable or unpredictable forces.
    b. Reserving the rights to enter upon all National Forest lands 
lying within the Applegate Lake Project area, together with rights 
of ingress and egress for the purpose of constructing, operating and 
maintaining the project for its intended purposes, mainly flood 
control, irrigation, water supply, and water quality control. Also 
reserved is ingress and egress to piezometer and seismograph 
instruments and a water storage site located at and below the dam 
axis.

 Exhibit ``C'' to Joint Order of Interchange, Legal Description for the 
Areas To Be Transferred to the Department of Army for the Appellate Lake
                                 Project                                
  [Rogue River National Forest Lands, Williamette Meridian, Rogue River 
                National Forest, Jackson County, Oregon]                
------------------------------------------------------------------------
                                                                 Acreage
------------------------------------------------------------------------
T. 40 S., R. 3 W.,                                                      
  Section 30, those portions of the NW\1/4\ and SW\1/4\ lying           
   westerly of the existing Corps of Engineers fence line and           
   eastern right-of-way of the Jackson County road............     17.16
T. 40 S., R. 4 W.,                                                      
  Section 25, those portions of the SE\1/4\SE\1/4\NE\1/4\ and           
   SE\1/4\ lying east of the easterly right-of-way of the               
   relocated Jackson County road..............................     49.12
                                                               ---------
    Total acres...............................................     66.28
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[FR Doc. 96-24021 Filed 9-18-96; 8:45 am]
BILLING CODE 3410-11-M