16 U.S.C. § 268a — Acquisition of Fern Lake watershed

submitted 22 years ago by Pub. L. 108-199 to r/title-16-CONSERVATION · 709 words · no verdicts yet

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This law lets the government buy Fern Lake and its watershed for a national park. It protects a scenic overlook and helps recreation there. The lake itself would then be given to the city of Middlesboro, Kentucky, for its water supply.

(a) Short title. This section may be called the "Fern Lake Conservation and Recreation Act." (b) Findings and purposes. (1) Findings: Congress found that Fern Lake and its watershed, in Bell County, Kentucky, and Claiborne County, Tennessee, sit within the area originally planned for Cumberland Gap National Historical Park under the Act of June 11, 1940. Adding Fern Lake to the park would protect the view from Pinnacle Overlook — one of the park's most valuable scenic spots — and improve recreation there. Fern Lake supplies water to the city of Middlesboro, Kentucky, and nearby areas. The 4,500-acre watershed is privately owned, and the 150-acre lake and part of the watershed were for sale, but the 1940 Act stopped the Secretary of the Interior from using appropriated funds to buy them. (2) Purposes: this section lets the Secretary use appropriated funds, along with other methods, to buy Fern Lake and its watershed from willing sellers, to protect the park's scenic and natural resources and its recreation opportunities — while still letting Fern Lake continue supplying water to Middlesboro and nearby areas. (c) Land acquisition and conveyance authority. (1) Definitions: "Fern Lake" means the lake in Bell County, Kentucky, and Claiborne County, Tennessee. "Land" means land, water, interests in land, and any improvements on it. "Park" means Cumberland Gap National Historical Park. "Secretary" means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Acquisition authorized: the Secretary may acquire about 4,500 acres containing Fern Lake and its watershed for the park, as shown on a specific map on file with the National Park Service. (3) Boundary adjustment and administration: the Secretary must adjust the park's boundaries to include this acquired land, and must administer it under the same laws and regulations that apply to the rest of the park. (4) Conveyance of Fern Lake: (A) If the Secretary acquires Fern Lake, the Secretary must convey it — without payment, and despite any other law — to the city of Middlesboro, Kentucky. This includes the lake up to 1,200.4 feet above sea level, plus the dam and everything connected to withdrawing and delivering water from it. (B) In making this conveyance, the Secretary may keep an easement for scenic and recreational purposes. (C) If Fern Lake ever stops being used as Middlesboro's municipal water source, ownership reverts to the United States, and the Secretary manages it again as part of the park. (5) Consultation requirements: to manage this land well for both water supply and new recreation opportunities, the Secretary must consult with officials in Kentucky, Tennessee, and Virginia and their local governments; organizations that promote tourism in those states; and other interested parties.

the actual law source: uscode.house.gov ↗public domain

(a) Short title

This section may be cited as the “Fern Lake Conservation and Recreation Act”.

(b) Findings and purposes

(1) Findings

The Congress finds the following:

(A)

Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is 1 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.).

(B)

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.

(C)

Fern Lake is the water supply source for the city of Middlesboro, Kentucky, and environs.

(D)

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.

(2) Purposes

The purposes of the section are—

(A)

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

(B)

to allow the continued supply of water from Fern Lake to the city of Middlesboro, Kentucky, and environs.

(1) Definitions

In this section:

(A) Fern Lake

The term “Fern Lake” means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee.

(B) Land

The term “land” means land, water, interests in land, and any improvements on the land.

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.).

(D) Secretary

The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service.

(2) 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.

(3) Boundary adjustment and administration

Subject to paragraph (4), the Secretary shall revise the boundaries of the park to include the land acquired under paragraph (2). The Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park.

(4) Conveyance of Fern Lake

(A) 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 1,200.4 feet above sea level, along with the dam and all appurtenances associated with the withdrawal and delivery of water from Fern Lake.

(B) Terms of conveyance

In executing the conveyance under subparagraph (4)(A), the Secretary may retain an easement for scenic and recreational purposes.

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.

(5) 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—

(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.

Source credit: (Pub. L. 108–199, div. H, § 150, Jan. 23, 2004, 118 Stat. 446.)

history & why it existsrecord from the source credit

2004Enacted · Pub. L. 108-199 · 118 Stat. 446

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-199 on 2004-01-23.

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