IB
Union Calendar No. 189
107TH CONGRESS
1ST SESSION
H. R. 2238
[Report No. 107–314]
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
JUNE 19, 2001
Mr. ROGERS of Kentucky (for himself and Mr. HILLEARY) introduced the
following bill; which was referred to the Committee on Resources
DECEMBER 4, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 19, 2001]
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fern Lake Conservation
and Recreation Act of 2001’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Fern Lake and its surrounding watershed in
Bell County, Kentucky, and Claiborne County, Ten-
nessee, is within the potential boundaries of Cum-
berland Gap National Historical Park as originally
authorized by the Act of June 11, 1940 (54 Stat. 262;
16 U.S.C. 261 et seq.).
(2) The acquisition of Fern Lake and its sur-
rounding watershed and its inclusion in Cumberland
Gap National Historical Park would protect the vista
from Pinnacle Overlook, which is one of the park’s
most valuable scenic resources and most popular at-
tractions, and enhance recreational opportunities at
the park.
(3) Fern Lake is the water supply source for the
city of Middlesboro, Kentucky, and environs.
(4) The 4500-acre Fern Lake watershed is pri-
vately owned, and the 150-acre lake and part of the
watershed are currently for sale, but the Secretary of
the Interior is precluded by the first section of the Act
of June 11, 1940 (16 U.S.C. 261), from using appro-
priated funds to acquire the lands.
(b) PURPOSES.—The purposes of the Act are—
(1) to authorize the Secretary of the Interior to
use appropriated funds if necessary, in addition to
other acquisition methods, to acquire from willing
sellers Fern Lake and its surrounding watershed, in
order to protect scenic and natural resources and en-
hance recreational opportunities at Cumberland Gap
National Historical Park; and
(2) to allow the continued supply of water from
Fern Lake to the city of Middlesboro, Kentucky, and
environs.
SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP
NATIONAL HISTORICAL PARK.
(a) DEFINITIONS.—In this section:
(1) FERN LAKE.—The term ‘‘Fern Lake’’ means
Fern Lake located in Bell County, Kentucky, and
Claiborne County, Tennessee.
(2) LAND.—The term ‘‘land’’ means land, water,
interests in land, and any improvements on the land.
(3) PARK.—The term ‘‘park’’ means Cumberland
Gap National Historical Park, as authorized and es-
tablished by the Act of June 11, 1940 (54 Stat. 262;
16 U.S.C. 261 et seq.).
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the National Park Service.
(b) ACQUISITION AUTHORIZED.—The Secretary may
acquire for addition to the park lands consisting of approxi-
mately 4,500 acres and containing Fern Lake and its sur-
rounding watershed, as generally depicted on the map enti-
tled ‘‘Cumberland Gap National Historical Park, Fern
Lake Watershed’’, numbered 380/80,004, and dated May
2001. The map shall be on file in the appropriate offices
of the National Park Service.
(c) AUTHORIZED ACQUISITION METHODS.—
(1) IN GENERAL.—Notwithstanding the Act of
June 11, 1940 (16 U.S.C. 261 et seq.), the Secretary
may acquire lands described in subsection (b) by do-
nation, purchase with donated or appropriated funds,
or exchange. However, the lands may be acquired only
with the consent of the owner.
(2) EASEMENTS.—At the discretion of the Sec-
retary, the Secretary may acquire land described in
subsection (b) that is subject to an easement for water
supply facilities and equipment associated with the
withdrawal and delivery of water by a utility from
Fern Lake to the city of Middlesboro, Kentucky, and
environs.
(d) BOUNDARY ADJUSTMENT AND ADMINISTRATION.—
Upon the acquisition of land under this section, the Sec-
retary shall revise the boundaries of the park to include the
land in the park. Subject to subsection (e), the Secretary
shall administer the acquired lands as part of the park in
accordance with the laws and regulations applicable to the
park.
(e) SPECIAL ISSUES RELATED TO FERN LAKE.—
(1) PROTECTION OF WATER SUPPLY.—The Sec-
retary shall manage public recreational use of Fern
Lake, if acquired by the Secretary, in a manner that
is consistent with the protection of the lake as a
source of untreated water for the city of Middlesboro,
Kentucky, and environs.
(2) SALE OF WATER.—
(A) CONTRACT
WITH
UTILITY.—Upon the
Secretary’s acquisition of land that includes
Fern Lake, the Secretary shall enter into a con-
tract to sell untreated water from the lake to a
utility that delivers and distributes water to the
city of Middlesboro, Kentucky, and environs. The
Secretary shall ensure that the terms and condi-
tions of the contract are consistent with National
Park Service policies for the protection of park
resources, provided that the terms and conditions
do not adversely affect the delivery and distribu-
tion of water to the city of Middlesboro, Ken-
tucky, and environs.
(B) PROCEEDS
FROM
WATER.—The Sec-
retary shall negotiate a reasonable return to the
United States for the sale of the water, which the
Secretary may receive in the form of reduced
charges for water service. Proceeds from the sale
of the water, reduced by any offsets for water
service to the park, shall be available for expend-
iture by the Secretary at the park without fur-
ther appropriation.
(f) CONSULTATION REQUIREMENTS.—In order to bet-
ter manage Fern Lake and its surrounding watershed, if
acquired by the Secretary, in a manner that will facilitate
the provision of water for municipal needs as well as the
establishment and promotion of new recreational opportu-
nities made possible by the addition of Fern Lake to the
park, the Secretary shall consult with—
(1) appropriate officials in the States of Ken-
tucky, Tennessee, and Virginia, and political subdivi-
sions of these States;
(2) organizations involved in promoting tourism
in these States; and
(3) other interested parties.
Union Calendar No. 189
107TH CONGRESS
1ST SESSION
H. R. 2238
[Report No. 107–314]
A BILL
To authorize the Secretary of the Interior to ac-
quire Fern Lake and the surrounding watershed
in the States of Kentucky and Tennessee for ad-
dition to Cumberland Gap National Historical
Park, and for other purposes.
DECEMBER 4, 2001
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed