Title 16, ConservationRelease 119-110

§268a Acquisition of Fern Lake Watershed

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

Last updated Sep 23, 2026|Official source

Summary

Allows the Secretary of the Interior (through the National Park Service) to buy or otherwise obtain about 4,500 acres that include Fern Lake and its watershed, as shown on the park map dated May 2001 (map no. 380/80,004). Congress says doing this will protect the view from Pinnacle Overlook, add recreational options at Cumberland Gap National Historical Park, and keep Fern Lake as the water source for the city of Middlesboro. Fern Lake is about 150 acres and part of the watershed is for sale; an older law had kept the Secretary from using federal funds to buy the land. If the land is obtained, the park boundary will be changed to include it and the National Park Service will manage it. If the Secretary gets Fern Lake, the lake, the dam, and the water-delivery rights up to the normal level of 1,200.4 feet must be given to Middlesboro at no cost, though the Secretary can keep a scenic or recreation easement. If the city stops using the lake for its water supply, ownership goes back to the United States and the park will manage it. The Secretary must also talk with officials from Kentucky, Tennessee, and Virginia, tourism groups, and other interested parties about managing the land for water needs and recreation.

Full Legal Text

Title 16, §268a

Conservation, Source: USLM XML via OLRC

(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 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
The term “land” means land, water, interests in land, and any improvements on the land.
(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.
(C)Reversionary interest
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.

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 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110