---
kind: "section"
citation: "16 U.S.C. § 268a"
title: "16"
title_heading: "Conservation"
number: "268a"
heading: "Acquisition of Fern Lake watershed"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/268a"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XXVIII — Cumberland Gap National Historical Park"
---

# §268a. Acquisition of Fern Lake watershed

- (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[^1] within the potential boundaries of Cumberland Gap National Historical [Park](/usc/16/410r–5.md?p=c-3) as originally authorized by the Act of June 11, 1940 (54 Stat. 262; [16 U.S.C. 261](/usc/16/261.md) et seq.).
    - (B) The [acquisition](/usc/16/620e.md?p=1) of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical [Park](/usc/16/410r–5.md?p=c-3) would protect the vista from Pinnacle Overlook, which is one of the [park](/usc/16/410r–5.md?p=c-3)’s most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the [park](/usc/16/410r–5.md?p=c-3).
    - (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](/usc/16/410r–5.md?p=c-1) of the Interior is precluded by the first section of the Act of June 11, 1940 ([16 U.S.C. 261](/usc/16/261.md)), from using appropriated funds to [acquire](/usc/16/620e.md?p=1) the lands.
  - (2) **Purposes—** The purposes of the section are—
    - (A) to authorize the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to use appropriated funds if necessary, in [addition](/usc/16/410r–5.md?p=c-2) to other [acquisition](/usc/16/620e.md?p=1) methods, to [acquire](/usc/16/620e.md?p=1) 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](/usc/16/410r–5.md?p=c-3); 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—** The term “Fern Lake” means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee.
    - (B) **Land—** The term “land” means land, water, interests in land, and any improvements on the land.
    - (C) **Park—** The term “[park](/usc/16/410r–5.md?p=c-3)” means Cumberland Gap National Historical [Park](/usc/16/410r–5.md?p=c-3), as authorized and established by the Act of June 11, 1940 (54 Stat. 262; [16 U.S.C. 261](/usc/16/261.md) et seq.).
    - (D) **Secretary—** The term “[Secretary](/usc/16/410r–5.md?p=c-1)” means the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, acting through the Director of the National [Park](/usc/16/410r–5.md?p=c-3) Service.
  - (2) **Acquisition authorized—** The [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) for [addition](/usc/16/410r–5.md?p=c-2) to the [park](/usc/16/410r–5.md?p=c-3) lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Cumberland Gap National Historical [Park](/usc/16/410r–5.md?p=c-3), Fern Lake Watershed”, numbered 380/80,004, and dated May 2001. The [map](/usc/16/430f–7.md?p=1) shall be on file in the appropriate offices of the National [Park](/usc/16/410r–5.md?p=c-3) Service.
  - (3) **Boundary adjustment and administration—** Subject to [paragraph (4)](#c-4), the [Secretary](/usc/16/410r–5.md?p=c-1) shall revise the boundaries of the [park](/usc/16/410r–5.md?p=c-3) to include the land acquired under [paragraph (2)](#c-2). The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the acquired lands as part of the [park](/usc/16/410r–5.md?p=c-3) in accordance with the laws and regulations applicable to the [park](/usc/16/410r–5.md?p=c-3).
  - (4) **Conveyance of Fern Lake—**
    - (A) **Conveyance required—** If the [Secretary](/usc/16/410r–5.md?p=c-1) [acquires](/usc/16/620e.md?p=1) Fern Lake, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) as part of the [park](/usc/16/410r–5.md?p=c-3).
  - (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](/usc/16/410r–5.md?p=c-3), the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with—
    - (A) appropriate officials in the [States](/usc/16/544.md?p=r) of Kentucky, Tennessee, and Virginia, and political [subdivisions](/usc/16/539m–1.md?p=15) of these [States](/usc/16/544.md?p=r);
    - (B) organizations involved in promoting tourism in these [States](/usc/16/544.md?p=r); and
    - (C) other interested parties.

## Footnotes

[^1]: So in original. Probably should be “are”.

## Source credit

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

## Notes

### 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.