[House Report 107-314]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-314
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FERN LAKE CONSERVATION AND RECREATION ACT OF 2001
_______
December 4, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2238]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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 consistent with
National Park Service policies for the protection of
park resources, provided that the terms and conditions
do not adversely affect the delivery and distribution
of water to 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.
PURPOSE OF THE BILL
The purpose of H.R. 2238 is 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.
BACKGROUND AND NEED FOR LEGISLATION
The Cumberland Gap National Historical Park is situated in
and around Cumberland Mountain in Kentucky, Tennessee, and
Virginia. It was established in 1940 to preserve the natural
passage through the Appalachian Mountains and the region around
it. First used by large migrating animals, then by Native
Indians, it was the first and best avenue for settlement of the
interior of the nation. From 1775-1823, during the Gap's
heyday, 300,000 people crossed the Cumberland Gap into
Kentucky.
The enabling legislation authorized the Park area to
encompass up to 50,000 acres. To date, Cumberland Gap National
Historical Park consists of 20,500 acres. The 4,500 acres
associated with the acquisition would be within the size
authorized by the original legislation.
Fern Lake and the surrounding watershed is important to the
residents of Middlesboro, Kentucky, as it is their primary
source for drinking water. The area also continues to be
threatened with immediate development. Acquisition of the
property by the National Park Service would ensure that the
land is not developed, the watershed and scenic views are
preserved, and recreational opportunities are enhanced at
Cumberland Gap National Historic Park. The primary land owner
values the land at approximately $5 million and is a willing
seller. According to the bill's author, Congressman Harold
Rogers (R-KY), the announcement of the sale of these lands for
inclusion in the Park has generated strong support from
citizens in the tri-state area.
COMMITTEE ACTION
H.R. 2388 was introduced on June 19, 2001, by Congressman
Harold Rogers (R-KY) and was referred to the Committee on
Resources. On November 13, 2001, the Subcommittee held a
hearing on the bill. On November 15, 2001, the Subcommittee met
to mark up the bill. No amendments were offered and the bill
was ordered favorably reported to the Full Committee by
unanimous consent. On November 28, 2001, the Full Resources
Committee met to consider the bill. Congressman George
Radanovich (R-CA) offered an amendment in the nature of a
substitute that made the following changes to the original
text: (1) required the National Park Service to only ensure the
continued supply of water from Fern Lake to the City of
Middlesboro, Kentucky, and not the purity of the water prior to
its treatment; (2) corrected a map reference; (3) directed the
Secretary to contract with a utility to deliver and distribute
water to the City of Middlesboro, Kentucky, and to ensure that
the contract will be consistent with National Park Service
policies, provided that the terms do not adversely affect the
delivery and distribution of the water to Middlesboro,
Kentucky; and (4) directed the Secretary to negotiate a
reasonable return to the government for the sale of the water.
The amendment was adopted by unanimous vote. The bill, as
amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. The Committee believes that
enactment of this bill will have little impact on the budget of
the United States. The value of the property authorized to be
acquired is estimated at $5 million. It is unclear if the
property will be acquired by purchase (with appropriated or
donated funds), donation or exchange. In addition, the United
States may also receive offsetting revenue from the sale of
water under this bill, although the amount to be received is
unclear at this time. Finally, there may be additional minor
costs associated with management of the increased acreage at
Cumberland Gap National Historical Park by the National Park
Service if the land is acquired.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures. The
United States may receive funds from the sale of water under
this bill, but this amount is undetermined at this time. Any
funds received may be spent without further appropriation for
the benefit of the Cumberland Gap National Historical Park.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill will not change existing law.