118 STAT. 446 PUBLIC LAW 108–199—JAN. 23, 2004 takes any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands. SEC. 149. LEASE OF TRIBALLY OWNED LAND BY ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION. The first section of the Act of August 9, 1955 (25 U.S.C. 415), is amended by adding at the end the following: ‘‘(g) LEASE OF TRIBALLY OWNED LAND BY ASSINIBOINE AND SIOUX TRIBES OF THE FORT PECK RESERVATION.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a) and any regulations under part 162 of title 25, Code of Federal Regula tions (or any successor regulation), subject to paragraph (2), the Assiniboine and Sioux Tribes of the Fort Peck Reservation may lease to the Northern Border Pipeline Company tribally owned land on the Fort Peck Indian Reservation for 1 or more interstate gas pipelines. ‘‘(2) CONDITIONS.—A lease entered into under paragraph (1)— ‘‘(A) shall commence during fiscal year 2011 for an initial term of 25 years; ‘‘(B) may be renewed for an additional term of 25 years; and ‘‘(C) shall specify in the terms of the lease an annual rental rate— ‘‘(i) which rate shall be increased by 3 percent per year on a cumulative basis for each 5 year period; and ‘‘(ii) the adjustment of which in accordance with clause (i) shall be considered to satisfy any review requirement under part 162 of title 25, Code of Federal Regulations (or any successor regulation).’’. SEC. 150. (a) SHORT TITLE. This Act 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 Over look, which is one of the park’s most valuable scenic resources and most popular attractions, and enhance rec reational 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 Act are— (A) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other Fern Lake Conservation and Recreation Act. Kentucky. Tennessee. 16 USC 268a.
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