I
107TH CONGRESS
1ST SESSION
H. R. 2238
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
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 Conserva-
tion 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,
Tennessee, is within the potential boundaries of
Cumberland Gap National Historical Park as origi-
nally 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 pop-
ular attractions, and enhance recreational opportuni-
ties at the park.
(3) Fern Lake is the water supply source for
the City of Middlesboro, Kentucky, and environs.
(4) The 4,500-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
appropriated 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 safe, clean,
drinking 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 Cum-
berland Gap National Historical Park, as authorized
and established 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 ap-
proximately 4,500 acres and containing Fern Lake and
its surrounding watershed, as generally depicted on the
map entitled ‘‘Fern Lake Watershed Boundary Addition,
Cumberland Gap National Historical Park’’, 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 Sec-
retary may acquire lands described in subsection (b)
by donation, purchase with donated or appropriated
funds, or exchange. However, the lands may be ac-
quired 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 the
continued operation of providing the water supply
for the City of Middlesboro, Kentucky, and environs.
(d) BOUNDARY
ADJUSTMENT
AND
ADMINISTRA-
TION.—Upon the acquisition of land under this section,
the Secretary 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.