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[DOCID: f:s1061is.txt]






107th CONGRESS
  1st Session
                                S. 1061

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2001

 Mr. McConnell introduced the following bill; which was 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 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.
    (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 safe, clean, drinking 
        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 ``Fern Lake Watershed Boundary Addition, 
Cumberland Gap National Historical Park'', 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 the continued operation of providing 
        the water supply for 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 quality.--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 safe, clean, drinking water.
            (2) Sale of water.--In the event the Secretary's 
        acquisition of land includes the water supply of Fern Lake, the 
        Secretary may enter into contracts to facilitate the sale and 
        distribution of water from the lake for the municipal water 
        supply for the City of Middlesboro, Kentucky, and environs. The 
        Secretary shall ensure that the terms and conditions of any 
        such contract is consistent with National Park Service policies 
        for the protection of park resources. Proceeds from the sale of 
        the water shall be available for expenditure by the Secretary 
        at the park without further appropriation.
            (3) 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--
                    (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.
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