[Congressional Record Volume 147, Number 167 (Wednesday, December 5, 2001)]
[House]
[Pages H8853-H8855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FERN LAKE CONSERVATION AND RECREATION ACT OF 2001
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read as follows:
H.R. 2238
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--
[[Page H8854]]
(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 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 ``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 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 water supply facilities and
equipment associated with the withdrawal and delivery of
water by a utility from Fern Lake to 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 supply.--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 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 contract 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, ensuring a balance between the protection of
park resources and the delivery and distribution of
sufficient water to continue meeting the water demands of the
city of Middlesboro, Kentucky, and environs.
(B) Proceeds from water.--The Secretary shall negotiate a
reasonable return to the United States for the sale of the
water, which the Secretary may receive in the form of reduced
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 without 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 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--
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentlewoman from the Virgin Islands
(Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Radanovich).
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 2238 was introduced by the gentleman from Kentucky
(Mr. Rogers) and would authorize the Secretary of the Interior to
acquire Fern Lake and its surrounding watershed in Tennessee and
Kentucky from willing sellers for addition to the Cumberland Gap
National Historical Park. The boundary expansion would enhance the
visitors' recreational experience and allow the National Park Service
to preserve the 4,500 acre Fern Lake watershed and the water supply for
the city of Middlesboro, Kentucky. Since the early 1900s, Fern Lake has
been the sole source of drinking water for the city of Middlesboro,
Kentucky.
Cumberland Gap, located where the borders of Tennessee, Kentucky and
Virginia meet, forms a major break in the Appalachian Mountain chain.
The park commemorates the story of the first gateway to the West, first
used by the Native Americans and then by pioneers.
Mr. Speaker, during the subcommittee hearing on H.R. 2238, concerns
were raised by the National Park Service on how it is to manage the
water system once it acquires Fern Lake. At the Committee on Resources
markup, I offered an amendment to address the water issue. The
amendment was adopted and supported by both the majority and minority
of the committee. However, since that time, the National Park Service
has continued to express concern with the water management section of
the bill.
Mr. Speaker, late yesterday afternoon the administration, the
majority and the minority of the committee and the gentleman from
Kentucky (Mr. Rogers) agreed to the amendment before us. I believe the
amendment further clarifies for the Service its responsibility
protecting the resources in the park, while assuring the city of
Middlesboro, Kentucky, that their continued water needs will be met.
H.R. 2238 is a unique and complex bill. The gentleman from Kentucky
(Mr. Rogers) has worked hard to accommodate the concerns raised by the
administration, while remaining focused on his priority of ensuring
long-term protection for Fern Lake and a continued supply of water for
his constituents. I urge my colleagues to support H.R. 2238, as
amended.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, Cumberland Gap National Historical Park serves two
important purposes: The park preserves an absolutely beautiful area,
while also allowing people to explore the important historical role
played by the Cumberland Gap. The gap, located at the intersection of
the Kentucky, Tennessee and Virginia borders, was first a passageway
for large game animals, then Native Americans, and finally hundreds of
thousands of American settlers heading to the American West.
Like the park itself, H.R. 2238 serves two important purposes. The
bill would authorize the Secretary of the Interior to acquire for
addition to the park an approximately 4,500 acre parcel known as the
Fern Lake Watershed. During the hearings we held on this matter,
photographs showed it to be a lush, undeveloped area, and the
administration testified as to its eagerness to add the land to the
park.
In addition, passage of H.R. 2238 will ensure a reliable, long-term
water supply for a community that depends on Fern Lake. The Secretary
would be authorized to grant easements over the newly acquired property
to facilitate the continued use of the lake as the municipal water
supply for the town of Middlesboro, Kentucky, and to contract with the
utility for the sale and distribution of the water to the town and its
environs.
Mr. Speaker, we realize this is a somewhat unusual arrangement.
However, the lake will be a valuable addition to the park, and we feel
sure that the National Park Service, the utility and the town will
develop a good, mutually beneficial working relationship.
Mr. Speaker, our ranking member, the gentleman from West Virginia
(Mr. Rahall), joins me in commending the gentleman from Kentucky (Mr.
Rogers) for his hard work on this legislation, and we urge support for
H.R. 2238.
Mr. Speaker, I reserve the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I yield such time as he may consume to
the gentleman from Kentucky (Mr. Rogers), who is the sponsor of the
legislation.
Mr. ROGERS of Kentucky. Mr. Speaker, I am pleased and honored to have
the opportunity to rise in support
[[Page H8855]]
of H.R. 2238, the Fern Lake Conservation and Recreation Act of 2001.
This has been a long road, but with the help and services of the
gentleman from Utah (Mr. Hansen) and the gentleman from California (Mr.
Radanovich), as well as the gentleman from West Virginia (Mr. Rahall)
and the gentlewoman from the Virgin Islands (Mrs. Christensen) on the
floor this morning, we have come together and crafted an excellent bill
that is worthy of the Chamber's support. I appreciate their efforts in
getting this legislation to the floor in such a timely manner and
making the necessary corrections to it that enables it to become, I
think, a successful bill.
Mr. Speaker, the bill before the House today is an essential piece of
legislation which will forever protect one of the most pristine areas
in the Commonwealth of Kentucky, indeed the Nation, for future
generations. The bill aims to incorporate, as has been said, Fern Lake,
an unspoiled body of water nestled in the Appalachian Mountains, into
the Cumberland Gap National Historical Park.
The photographs that stand before us this morning are simple
testimony to the absolute beauty of this pristine area. For those who
are not familiar with this part of the world, the Cumberland Gap
National Park is 20,000 acres of virtually untouched frontier,
mountains and countryside, established by Congress in 1940. It is, as
some have said, the first frontier, where Daniel Boone blazed the
Cumberland Gap Trail in the late 18th century leading the way for
thousands and tens of thousands of other settlers hoping to find a
fresh start in this new world, moving from the Eastern Seaboard, 13
colonies, into the hinterlands of this great Nation. This is where they
first came through.
Congress rightly recognized the importance of permanently protecting
this frontier, and today we will hopefully vote to continue these
endeavors by approving this Fern Lake addition. In short, this bill
will protect the lake as a clean and safe source of rural water for the
city of Middlesboro, Kentucky, its only source, enhance the scenic,
recreational, wildlife, cultural value of the park, and increase
tourism opportunities in the tristate areas of Kentucky, Tennessee and
Virginia.
As one can see from the pictures on display, the lake and the
surrounding watershed are of unparalleled beauty, and these pictures
capture the essence of what thousands of park visitors see each year.
This spectacular landscape is visible from Pinnacle Overlook, the
highest point, the most popular attraction in the national park, and it
is typical of what many of our ancestors experienced as they trudged
forward through this uncharted territory over 200 years ago.
Just from the photos alone, it is not hard to understand why Congress
should act today to ensure the preservation of this pristine area.
Because of the conditions set forth in the original Cumberland Gap
legislation, no appropriate funds can be used to purchase additional
acreage unless specifically authorized by Congress. H.R. 2238 provides
that authorization and paves the way for an additional 4,500 acres to
be included in the park if willing sellers appear and appropriations
become available.
One of the principal goals of the legislation that we have before us
is to ensure the continued use of the lake as a clean and safe water
supply for the city of Middlesboro, Kentucky, a small city which
borders the Cumberland Gap Park.
The dam was constructed in 1893, forming the lake, and that 150-acre
lake has been privately owned for most of its existence, but it has
been for sale on the open market since last year. Given the fact that
the lake serves as the sole water source for the city, there is
considerable concern that a new owner may not share the same interest
as the community.
As our local resident witness testified before the hearings here,
many businesses in the area rely on the uncommon purity of the water
for their livelihood. With that in mind, the bill we crafted provides a
valuable resource for the park, while at the same time ensuring that
the city's water demands are sufficiently met.
{time} 1145
We expect the Park Service to act in good faith with this community,
so that the citizens of Middlesboro will be secure with the knowledge
that their water supply source will always be there. I am confident the
Park Service will prove to be a valuable and responsible partner in
this regard.
Lastly, Mr. Speaker, it cannot be overstated how important this
legislation is to the economic well-being of the citizens of rural
Appalachian Kentucky. This proposed Federal investment in our rich
cultural heritage would certainly bring added tourism revenue and jobs
to this impoverished area. Tourism is an essential part of our region's
economic development, and we must seize every opportunity to further
strengthen this sector.
In conclusion, Mr. Speaker, I want to extend my special gratitude and
thanks to everyone who has made this day possible. The committee and
the subcommittee have been very forthcoming, the staff has been
extraordinarily helpful in this respect, and we appreciate it on both
sides of the aisle.
I want to extend a special thanks to Middlesboro Mayor Ben Hickman
and County Executive Jennifer Jones, who first brought this idea to my
attention, and also Mrs. Karla Bowling, the president of the Bell
County Chamber of Commerce, who traveled not just once but twice to
this city to provide her expert testimony in support of this bill. We
are grateful especially for their service.
Mr. Speaker, I strongly urge passage of this important legislation. I
thank Members for their support.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume to just thank the distinguished gentleman from Kentucky. He has
brought the wonderful pictures and really laid out all of the reasons
why this bill should be supported.
We would also like to add our congratulations on his having passed
the transportation appropriations bill with such a broad consensus and
such a strong vote.
Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Gillmor). The question is on the motion
offered by the gentleman from California (Mr. Radanovich) that the
House suspend the rules and pass the bill, H.R. 2238, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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