[Congressional Record Volume 147, Number 85 (Tuesday, June 19, 2001)]
[Senate]
[Pages S6452-S6453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 1061. 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 Historic Park, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. McCONNELL. Mr. President, last month the Bush Administration 
unveiled a new national energy strategy that strikes an important 
balance between the twin priorities of production and conservation. 
Today I am proud to introduce legislation with Congressman Hal Rogers 
that takes a step toward fulfilling the conservation side of that 
energy equation in my home state of Kentucky.
  Our bill, the Fern Lake Conservation and Recreation Act of 2001, will 
authorize the Cumberland Gap National Historical Park to purchase Fern 
Lake, a natural landmark on the Kentucky-Tennessee border that has 
served as the municipal water supply for Middlesboro, KY since the lake 
was constructed in 1893. This bill will protect the lake as a clean and 
safe source of rural water for Kentuckians, enhance the scenic and 
recreational value of Cumberland Gap National Historical Park, and 
increase tourism opportunities in the three states that border the 
Park--Kentucky, Tennessee, and Virginia.
  For those who may be less familiar with this part of the country, 
Fern Lake is a beautiful and pristine body of water set against the 
backdrop of the Appalachian Mountains. The 150-acre lake presently sits 
adjacent to the Park and is part of the viewshed from Pinnacle 
Overlook, which is one of the Park's most popular attractions. It is 
said that the glassy surface of Fern Lake is so clear that you can see 
fish swimming 10 feet below the surface. Perhaps that is one of the 
reasons why Middlesboro Mayor Ben Hickman describes his town's water 
supply as one of the best in the United States.
  With a lake of such natural beauty and exceptional water quality, it 
is no wonder that the citizens and community leaders want to protect 
it. Although Fern Lake has been privately owned for most of its 
existence, it has been for sale since July 2000, and there is concern 
in Middlesboro that a new owner may not share the same interests 
regarding the lake as those embraced by the community. That is why a 
growing chorus of community leaders and citizens have called for the 
Cumberland Gap National Historical Park to purchase Fern Lake. This 
solution would guarantee management of this

[[Page S6453]]

wonderful resource consistent with the needs of the community.
  This legislation is needed because currently the Park is prohibited 
by law from expanding its boundaries by purchasing new land with 
appropriated funds. Our bill, therefore, authorizes the Park to use 
appropriated funds, if necessary, to purchase Fern Lake (and up to 
4,500 acres of the surrounding watershed) and to manage the lake for 
public recreational uses. This bill also requires the Park to maintain 
Fern Lake as a source of clean drinking water, authorizes the Park to 
sell water to the city of Middlesboro, and permits the proceeds of the 
water sales to be spent by the Secretary of the Interior without 
further appropriation. And because the scenic and recreational values 
of Fern Lake will benefit the tourism industry in all three adjacent 
states--Kentucky, Tennessee, and Virginia--the legislation directs the 
Secretary of the Interior to consult with appropriate officials in 
these states to determine the best way to manage the municipal water 
supply and to promote the increased tourism opportunities associated 
with Park ownership of Fern Lake.
  This bill is a small but important example of the type of targeted 
conservation measures that are essential to making a national energy 
policy work for all Americans. This is not the conservation of 
environmental extremism that seeks to divide communities, vilify 
opponents, or present unworkable approaches in the name of political 
opportunism. Rather, this is conservation that builds upon community 
consensus. It is common sense conservation that seeks environmental 
solutions that will enhance rather than disturb local industries such 
as tourism, which have been so vital to economically depressed areas 
such as southeastern Kentucky. And finally, this is conservation that 
is careful to consider, and where necessary, to protect, the property 
rights of affected landowners. This bill requires that the Park acquire 
land from willing sellers only, and the National Park Service has 
assured us that it has no authority to place land-use restrictions on 
private land until the land is actually acquired by the Park.
  Targeted and consensus-driven conservation measures such as this one 
are not always easy to craft, but they are always worth the effort. 
This bill is proof that environmental protection and economic 
development need not be at odds, and that there are a number of 
responsible and practical conservation opportunities that can bring 
communities together rather than tear them apart. Indeed, if this 
simple formula for finding consensus conservation opportunities--broad 
community support, local employment, and private property protections--
was replicated in all 50 States, we could make actual and noticeable 
strides as a nation toward protecting and promoting our natural 
treasures.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1061

       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 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 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 4500-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) 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 donation, 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 Secretary, 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 Administration.--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 quality.--The Secretary 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 safe, clean, drinking 
     water.
       (2) Sale of water.--In the event the Secretary's 
     acquisition of land includes the water supply of Fern Lake, 
     the Secretary may enter into contracts to facilitate the sale 
     and distribution of water from the lake for the municipal 
     water supply for the City of Middlesboro, Kentucky, and 
     environs. The Secretary shall ensure that the terms and 
     conditions of any such contract is consistent with National 
     Park Service policies for the protection of park resources. 
     Proceeds from the sale of the water shall be available for 
     expenditure by the Secretary at the park without further 
     appropriation.
       (3) Consultation requirements.--In order to better 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 opportunities made possible by 
     the addition of Fern Lake to the park, the Secretary shall 
     consult with--
       (A) appropriate officials in the States of Kentucky, 
     Tennessee, and Virginia and political subdivisions of these 
     States;
       (B) organizations involved in promoting tourism in these 
     States; and
       (C) other interested parties.
                                 ______