[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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