16 USC 268a - Acquisition of Fern Lake watershed

U.S Code last checked for updates: Nov 22, 2024

§ 268a.

Acquisition of Fern Lake watershed

(a)

Short title

(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

 So in original. Probably should be “are”.

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.

(c)

Land acquisition and conveyance authority, Fern Lake, Cumberland Gap National Historical Park

(1)

Definitions

In this section:

(A)

Fern Lake

(B)

Land

(C)

Park

(D)

Secretary

(2)

Acquisition authorized

(3)

Boundary adjustment and administration

(4)

Conveyance of Fern Lake

(A)

Conveyance required

(B)

Terms of conveyance

(C)

Reversionary interest

(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.

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

cite as: 16 USC 268a