I 

108TH CONGRESS 

1ST SESSION H. R. 1809

To authorize the Secretary of the Interior to acquire Fern Lake and the 

surrounding watershed in the States of Kentucky and Tennessee for 

addition to Cumberland Gap National Historical Park, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2003

Mr. ROGERS of Kentucky (for himself and Mr. WAMP) introduced the 

following bill; which was referred to the Committee on Resources 

A BILL

To authorize the Secretary of the Interior to acquire Fern 

Lake and the surrounding watershed in the States of 

Kentucky and Tennessee for addition to Cumberland Gap 

National Historical Park, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fern Lake Conserva5 tion and Recreation Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress finds the following: 
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1 (1) Fern Lake and its surrounding watershed 

2 in Bell County, Kentucky, and Claiborne County, 

3 Tennessee, is within the potential boundaries of 

4 Cumberland Gap National Historical Park as origi5 nally authorized by the Act of June 11, 1940 (54 

6 Stat. 262; 16 U.S.C. 261 et seq.). 

7 (2) The acquisition of Fern Lake and its sur8 rounding watershed and its inclusion in Cumberland 

9 Gap National Historical Park would protect the 

10 vista from Pinnacle Overlook, which is one of the 

11 park’s most valuable scenic resources and most pop12 ular attractions, and enhance recreational opportuni13 ties at the park. 

14 (3) Fern Lake is the water supply source for 

15 the city of Middlesboro, Kentucky, and environs. 

16 (4) The 4500-acre Fern Lake watershed is pri17 vately owned, and the 150-acre lake and part of the 

18 watershed are currently for sale, but the Secretary 

19 of the Interior is precluded by the first section of the 

20 Act of June 11, 1940 (16 U.S.C. 261), from using 

21 appropriated funds to acquire the lands. 

22 (b) PURPOSES.—The purposes of the Act are—

23 (1) to authorize the Secretary of the Interior to 

24 use appropriated funds if necessary, in addition to 

25 other acquisition methods, to acquire from willing 
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1 sellers Fern Lake and its surrounding watershed, in 

2 order to protect scenic and natural resources and en3 hance recreational opportunities at Cumberland Gap 

4 National Historical Park; and 

5 (2) to allow the continued supply of water from 

6 Fern Lake to the city of Middlesboro, Kentucky, and 

7 environs. 

8 SEC. 3. LAND ACQUISITION AND CONVEYANCE AUTHORITY, 

9 FERN LAKE, CUMBERLAND GAP NATIONAL 

10 HISTORICAL PARK. 

11 (a) DEFINITIONS.—In this section: 

12 (1) FERN LAKE.—The term ‘‘Fern Lake’’ 

13 means Fern Lake located in Bell County, Kentucky, 

14 and Claiborne County, Tennessee. 

15 (2) LAND.—The term ‘‘land’’ means land, 

16 water, interests in land, and any improvements on 

17 the land. 

18 (3) PARK.—The term ‘‘park’’ means Cum19 berland Gap National Historical Park, as authorized 

20 and established by the Act of June 11, 1940 (54 

21 Stat. 262; 16 U.S.C. 261 et seq.). 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior, acting through the Di24 rector of the National Park Service. 
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1 (b) ACQUISITION AUTHORIZED.—The Secretary may 

2 acquire for addition to the park lands consisting of ap3 proximately 4,500 acres and containing Fern Lake and 

4 its surrounding watershed, as generally depicted on the 

5 map entitled ‘‘Cumberland Gap National Historical Park, 

6 Fern Lake Watershed’’, numbered 380/80,004, and dated 

7 May 2001. The map shall be on file in the appropriate 

8 offices of the National Park Service. 

9 (c) BOUNDARY ADJUSTMENT AND ADMINISTRA10 TION.—Subject to subsection (d), the Secretary shall re11 vise the boundaries of the park to include the land ac12 quired under subsection (b). The Secretary shall admin13 ister the acquired lands as part of the park in accordance 

14 with the laws and regulations applicable to the park. 

15 (d) CONVEYANCE OF FERN LAKE.—

16 (1) CONVEYANCE REQUIRED.—If the Secretary 

17 acquires Fern Lake, the Secretary shall convey, not18 withstanding any other law and without consider19 ation, to the city of Middlesboro, Kentucky, all right, 

20 title, and interest of the United States in and to 

21 Fern Lake, up to the normal operating elevation of 

22 1200.4 feet above sea level, along with the dam and 

23 all appurtenances associated with the withdrawal 

24 and delivery of water from Fern Lake. 
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1 (2) TERMS OF CONVEYANCE.—In executing the 

2 conveyance under paragraph (1), the Secretary may 

3 retain an easement for scenic and recreational pur4 poses. 

5 (3) REVERSIONARY INTEREST.—In the event 

6 Fern Lake is no longer used as a source of munic7 ipal water supply for the city of Middlesboro, Ken8 tucky, and its environs, ownership of Fern Lake 

9 shall revert to the United States and it shall be 

10 managed by the Secretary as part of the park. 

11 (e) CONSULTATION REQUIREMENTS.—In order to 

12 better manage lands acquired under this section in a man13 ner that will facilitate the provision of water for municipal 

14 needs, as well as the establishment and promotion of new 

15 recreational opportunities at the park, the Secretary shall 

16 consult with—

17 (1) appropriate officials in the States of Ken18 tucky, Tennessee, and Virginia, and political subdivi19 sions of these States; 

20 (2) organizations involved in promoting tourism 

21 in these States; and 

22 (3) other interested parties.

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