[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Notices]
[Pages 53103-53104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22877]


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DEPARTMENT OF AGRICULTURE

Forest Service


Transfer of Administrative Jurisdiction, Land Between the Lakes 
National Recreation Area, Kentucky and Tennessee

AGENCY: Forest Service, USDA.

ACTION: Notice of transfer of land.

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SUMMARY: On October 23, 2002, the Deputy Assistant Secretary of the 
Army, and on November 20, 2002, the Southern Regional Forester of the 
USDA Forest Service, signed a joint order transferring administrative 
jurisdiction of certain lands from the Department of the Army to the 
USDA Forest Service.
    The order transfers from the Department of the Army to the 
Department of Agriculture 7,518 acres, more or less, by virtue of the 
authority vested in the Secretary of the Army and Secretary of 
Agriculture by the Land Between the Lakes Protection Act of 1998 (16 
U.S.C. 460lll).
    A copy of the Joint Order, as signed, and Exhibits A and B, which 
describe the reserved rights and lands being transferred, are set out 
at the end of this notice.

DATES: This order will be effective on September 9, 2003.

ADDRESSES: A copy of the order of transfer as signed by the Deputy 
Assistant Secretary of Army and Southern Regional Forester of the USDA 
Forest Service, is available for public inspection in the Southern 
Regional Office of the USDA Forest Service, 1720 Peachtree Road, NW., 
Atlanta, GA 30309.

FOR FURTHER INFORMATION CONTACT: Michael O. Lange, USDA Forest Service, 
1720 Peachtree Road, NW., Atlanta, GA. 30309, (404) 347-2990.

    Dated: August 25, 2003.
Robert T. Jacobs,
Regional Forester, Southern Region, USDA Forest Service.

Department of the Army and Department of Agriculture; Land Between the 
Lakes National Recreation Area, Kentucky and Tennessee

Joint Order Transferring Administrative Jurisdiction of Department of 
the Army Lands to the United States Forest Service

    By virtue of the authority vested in the Secretary of the Army 
and in the Secretary of Agriculture by the Land Between the Lakes 
Protection Act of 1998 (16 U.S.C. 340lll) it is ordered as follows:
    (1) The lands under the jurisdiction of the Department of the 
Army identified in Exhibit A, attached hereto and made a part 
hereof, are hereby transferred from the Jurisdiction of the 
Secretary of the Army to the jurisdiction of the Department of 
Agriculture, subject to outstanding rights or interests of record, 
and flowage easement rights over the portion of the premises below 
elevation 378 mean sea level, as set out in Exhibit B. These lands 
were acquired by the United States in connection with the Barkley 
Dam and Lake Barkley Project and are within the boundary of the Land 
Between the Lakes National Recreation Area, Kentucky and Tennessee.
    (2) Pursuant to section 512(b) of the aforesaid Land Between the 
Lakes Protection Act, the Department of the Army lands transferred 
to the Secretary of Agriculture by this order have the status of 
land acquired under the Act of March 1, 1911 (commonly called the 
``Weeks Act'') (16 U.S.C. 515 et seq.).
    This order will be effective as of the date of publication in 
the Federal Register.

Dated: October 23, 2002.

Joseph W. Whitaker,

Deputy Assistant Secretary of the Army, Installations and Housing,

Dated: November 20, 2002.

Robert T. Jacobs,

Regional Forester, Southern Region, USDA Forest Service.

Exhibit A--Legal Description

    A tract of land lying along the westerly shore of Lake Barkley, 
situated in Lyon and Trigg Counties, Kentucky, and in Stewart 
County, Tennessee, the boundary of which is described as follows:
    Beginning at a point located on the 378-foot contour (mean sea 
level) as it lies along the Westerly shore of Lake Barkley. Said 
point having KY State Plane Coordinates: N 248,750; E 1,282,136 and 
identified as Corner 2CN-8 on TVA Map titled ``Land Between The 
Lakes Reservation'', drawing number 421B511-6, dated December, 1968. 
Thence leaving said contour and proceeding N 45[deg]E

[[Page 53104]]

(grid bearing) approximately 200 feet to the 359-foot contour;
    Thence southerly along said 359-foot contour (msl) as it lies 
along the Westerly shore of Lake Barkley to a point intersecting the 
easterly edge of an old road (TN State Plane Coordinates: N 782,160; 
E 1,445,870), said point being along the westerly bank of Rawls Pond 
and lying approximately 30 feet east of a Sandstone Bluff;
    Thence Southerly along the east edge of said road 0.35 mile to a 
6'' diameter Well Casing (TN SPC: N 780,439; E 1,446,413);
    Thence 5 feet east to a fence; thence Southerly along and with 
said fence 820 feet to a drainage ditch;
    Thence N 65[deg]37'E 675 feet to a 26'' diameter Red Oak in an 
existing fence line (TN SPC: N 779,902; E 1,447,025);
    Thence Southeasterly along and with said fence approximately 0.6 
mile to a point intersecting the South Boundary of Land Between the 
Lakes (LBL), said point marked by a concrete monument (Corner 10PS-
1, TN SPC: N 777,592; E 1,448,808), as shown on TVA Map title ``Land 
Between the Lakes Reservation'', drawing number 421B511-1, dated 
December, 1968;
    Thence Westerly along the South Boundary of LBL approximately 30 
feet to a point intersecting the 378-foot contour (msl);
    Thence along said 378-foot contour (msl) as it meanders in a 
northerly direction along the westerly shore of Lake Barkley to the 
Point of Beginning, said tract of land containing 7,518 acres, more 
or less.

Exhibit B

    The right is reserved as may be necessary for the operation of 
the Barkley Dam and Lake Barkley Project to occasionally overflow, 
flood, and submerge that portion of the lands described in the 
attached Exhibit A lying below elevation 378 mean sea level, and to 
maintain mosquito control in connection with the operation and 
maintenance of the Barkley Dam and Lake Barkley Project as 
authorized by the Act of Congress approved 3 September 1954 (Public 
Law 780, 83rd Congress, 2d Session) and the continuing right to 
clear and remove any brush, debris, and natural obstruction which, 
in the opinion of the representative in charge, may be detrimental 
to the project; provided that no structure for human habitation 
shall be constructed or maintained on the land, and further provided 
that no other structure shall be constructed or maintained on the 
land and no excavation or filling may be performed except as may be 
approved in writing by said representative of the United States in 
charge of the project.

[FR Doc. 03-22877 Filed 9-8-03; 8:45 am]
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