[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 898 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 898

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 SENATE OF THE UNITED STATES

                             April 11, 2003

 Mr. McConnell (for himself and Mr. Bunning) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural 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 Representatives 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''.

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 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 surrounding 
        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 attractions, 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 4,500-acre Fern Lake watershed is privately 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 enhance 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 Cumberland 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 Director of the National 
        Park Service.
    (b) Acquisition Authorized.--The Secretary may acquire for addition 
to the park lands consisting of approximately 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) Boundary Adjustment and Administration.--Subject to subsection 
(d), the Secretary shall revise the boundaries of the park to include 
the land acquired under subsection (b). The Secretary shall administer 
the acquired lands as part of the park in accordance with the laws and 
regulations applicable to the park.
    (d) Conveyance of Fern Lake.--
            (1) Conveyance required.--If the Secretary acquires Fern 
        Lake, the Secretary shall convey, notwithstanding any other law 
        and without consideration, to the city of Middlesboro, 
        Kentucky, all right, title, and interest of the United States 
        in and to Fern Lake, up to the normal operating elevation of 
        1200.4 feet above sea level, along with the dam and all 
        appurtenances associated with the withdrawal and delivery of 
        water from Fern Lake.
            (2) Terms of conveyance.--In executing the conveyance under 
        paragraph (1), the Secretary may retain an easement for scenic 
        and recreational purposes.
            (3) Reversionary interest.--In the event Fern Lake is no 
        longer used as a source of municipal water supply for the city 
        of Middlesboro, Kentucky, 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 manner 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 Kentucky, 
        Tennessee, and Virginia and political subdivisions of these 
        States;
            (2) organizations involved in promoting tourism in these 
        States; and
            (3) other interested parties.
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