107TH CONGRESS
1ST SESSION
H. R. 2238
AN ACT
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 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
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 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 ‘‘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 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
water supply facilities and equipment associated
with the withdrawal and delivery of water by a util-
ity from Fern Lake to the city of Middlesboro, Ken-
tucky, 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.
(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
conditions of the contract are equitable, ensur-
ing a balance between the protection of park re-
sources and the delivery and distribution of suf-
ficient water to continue meeting the water de-
mands of the city of Middlesboro, Kentucky,
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 re-
duced 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
expenditure by the Secretary at the park with-
out further appropriation.
(f) CONSULTATION REQUIREMENTS.—In order to
better manage Fern Lake and its surrounding watershed,
if acquired by the Secretary, in a manner that will facili-
tate the provision of water for municipal needs as well as
the establishment and promotion of new recreational op-
portunities 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