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.
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’’. 
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 AND CONVEYANCE AUTHORITY, 
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.
(2) TERMS OF CONVEYANCE.—In executing the 
conveyance under paragraph (1), the Secretary may 
retain an easement for scenic and recreational pur-
poses. 
(3) REVERSIONARY
INTEREST.—In the event 
Fern Lake is no longer used as a source of munic-
ipal water supply for the city of Middlesboro, Ken-
tucky, and its environs, ownership of Fern Lake 
shall revert to the United States and it shall be 
managed by the Secretary as part of the park. 
(e) CONSULTATION REQUIREMENTS.—In order to 
better manage lands acquired under this section in a man-
ner that will facilitate the provision of water for municipal 
needs, as well as the establishment and promotion of new 
recreational opportunities at 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.
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