Title 16ConservationRelease 119-73

§268a Acquisition of Fern Lake watershed

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XXVIII— - CUMBERLAND GAP NATIONAL HISTORICAL PARK › § 268a

Last updated Apr 6, 2026|Official source

Summary

Authorizes the Secretary of the Interior to buy, from willing sellers and using appropriated money if needed, Fern Lake and about 4,500 acres of the Fern Lake watershed to add to Cumberland Gap National Historical Park. The purchase is meant to protect the view from Pinnacle Overlook, improve park recreation, and keep Fern Lake as the water source for the city of Middlesboro, Kentucky. The watershed is privately owned, the lake is about 150 acres and part of it is for sale, and the land bought must become part of the park and be managed like other park lands. If the Secretary buys Fern Lake, the United States must give the city of Middlesboro all U.S. rights to the lake up to the normal operating elevation of 1,200.4 feet, plus the dam and water-delivery equipment, at no cost to the city. The Secretary may keep an easement for scenic or recreational use. If the lake later stops being used for Middlesboro’s water, ownership returns to the United States and the Secretary will manage it as part of the park. The lands to be acquired are shown on map number 380/80,004 dated May 2001, which is on file with the National Park Service. The Secretary must consult with officials of Kentucky, Tennessee, and Virginia, local governments, tourism groups, and other interested parties. Definitions used: Fern Lake (the lake in Bell County, KY, and Claiborne County, TN); land (land, water, interests, improvements); park (Cumberland Gap National Historical Park); Secretary (Secretary of the Interior acting through the National Park Service Director).

Full Legal Text

Title 16, §268a

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(a)This section may be cited as the “Fern Lake Conservation and Recreation Act”.
(b)(1)The Congress finds the following:
(A)Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is 11 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)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)(1)In this section:
(A)The term “Fern Lake” means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee.
(B)The term “land” means land, water, interests in land, and any improvements on the land.
(C)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)The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service.
(2)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)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)(A)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)In executing the conveyance under subparagraph (4)(A), the Secretary may retain an easement for scenic and recreational purposes.
(C)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This section and the section, referred to in subsecs. (a) and (b)(2), were in the original “This Act” and “the Act”, which were translated as meaning section 150 of Pub. L. 108–199, div. H, Jan. 23, 2004, 118 Stat. 446, to reflect the probable intent of Congress. The act of
June 11, 1940, referred to in subsecs. (b)(1)(A) and (c)(1)(C), is act
June 11, 1940, ch. 304, 54 Stat. 262, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables. Codification Section was enacted as the Fern Lake Conservation and Recreation Act, and also as part of the Miscellaneous Appropriations and Offsets Act, 2004, and Consolidated Appropriations Act, 2004, and not as part of act
June 11, 1940, ch. 304, 54 Stat. 262, which comprises this subchapter.

Reference

Citations & Metadata

Citation

16 U.S.C. § 268a

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73