Title 16 — Conservation
Chapter 1 — National Parks, Military Parks, Monuments, and Seashores
§ 268a. Acquisition of Fern Lake watershed
Statutory text
Short title
This section may be cited as the “Fern Lake Conservation and Recreation Act”.
Findings and purposes
Findings
The Congress finds the following:
Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is 1 within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of (54 Stat. 262; 16 U.S.C. 261 et seq.).
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.
Fern Lake is the water supply source for the city of Middlesboro, Kentucky, and environs.
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 (16 U.S.C. 261), from using appropriated funds to acquire the lands.
Purposes
The purposes of the section are—
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
to allow the continued supply of water from Fern Lake to the city of Middlesboro, Kentucky, and environs.
Land acquisition and conveyance authority, Fern Lake, Cumberland Gap National Historical Park
Definitions
In this section:
Fern Lake
The term “Fern Lake” means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee.
Land
The term “land” means land, water, interests in land, and any improvements on the land.
Park
The term “park” means Cumberland Gap National Historical Park, as authorized and established by the Act of (54 Stat. 262; 16 U.S.C. 261 et seq.).
Secretary
The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service.
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.
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.
Conveyance of Fern Lake
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.
Terms of conveyance
In executing the conveyance under subparagraph (4)(A), the Secretary may retain an easement for scenic and recreational purposes.
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.
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—
appropriate officials in the States of Kentucky, Tennessee, and Virginia, and political subdivisions of these States;
organizations involved in promoting tourism in these States; and
other interested parties.
Footnotes
- 1 So in original. Probably should be “are”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Transportation, Treasury, and Independent Agencies Appropriations Act, 2004
Pub. L. 108–199 div. H § 150 · 118 Stat. 3
Enacted · 16 U.S.C. § 268a
(Pub. L. 108–199, div. H, § 150, Jan. 23, 2004, 118 Stat. 446.)
Source evidence
Code source credit
(Pub. L. 108–199, div. H, § 150, Jan. 23, 2004, 118 Stat. 446.)Enacted provision · exact public law section
Sec. 150. To authorize the Surface Transportation Board to direct the continued operation of certain commuter rail passenger transportation operations in emergency situations, and for other purposes: (1) Section 11123 of title 49, United States Code, is amended— (A) in subsection (a)— (i) by inserting “failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation,” after “cessation of operations,”; (ii) by striking “or” at the end of paragraph (3); (iii) by striking the period at the end of paragraph (4)(C) and inserting “; or”; and (iv) by adding at the end the following new paragraph: “(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.” ; (B) in subsection (b)(3)— (i) by striking “When” and inserting “(A) Except as provided in subparagraph (B), when”; and (ii) by adding at the end the following new subparagraph: “(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.” ; (C) by adding the following new paragraph at the end of subsection (c): “(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless— “(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and “(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.” ; and (D) by adding at the end the following new subsections: “(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Board’s jurisdiction. “(f) For purposes of this section, the term ‘commuter rail passenger transportation’ has the meaning given that term in section 24102(4).” . (2) Section 24301(c) of title 49, United States Code, is amended by inserting “11123,” after “except for sections”.
1 of 1 references resolved to an enrolled provision
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, , 118 Stat. 446, to reflect the probable intent of Congress.
The act of , 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.