H.R.2238 - Fern Lake Conservation and Recreation Act of 2001107th Congress (2001-2002)
|Sponsor:||Rep. Rogers, Harold [R-KY-5] (Introduced 06/19/2001)|
|Committees:||House - Resources | Senate - Energy and Natural Resources|
|Committee Reports:||H. Rept. 107-314|
|Latest Action:||02/14/2002 Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. (All Actions)|
This bill has the status Passed House
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Text: H.R.2238 — 107th Congress (2001-2002)All Bill Information (Except Text)
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Referred in Senate (12/06/2001)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 2238 Referred in Senate (RFS)] 107th CONGRESS 1st Session H. R. 2238 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES December 6, 2001 Received; read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ 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 Historical Park, and for other purposes. 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 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. Passed the House of Representatives December 5, 2001. Attest: JEFF TRANDAHL, Clerk.