CHAPTER 176

An Act to create the Commission of Outdoor Recreation; to provide for
the appointment, qualifications, terms of office and compensation of
members thereof; to provide for the employment of certain agents and
employees; to prescribe certain powers and duties of the Commission;
to require departments, commissions, boards, agencies, officers and
enstitutions of the State Government and political subdivisions thereof
to cooperate with the Commission in certain respects; to give the force
and effect of law to certain rules and to provide a penalty for violation

thereof. 'S 106}
Approved March 30, 1966

Be it enacted by the General Assembly of Virginia:

1. §1. The General Assembly finds that there is a constantly increasing
demand for outdoor recreation facilities and a decreasing amount of open
space available for providing these facilities; that Virginia’s population is
increasing rapidly and becoming concentrated i in urban and suburban areas;
that the Commonwealth has had no State agency charged with the duty of
developing and coordinating the implementation of an overall State plan
for providing outdoor recreation which is so vital to the Commonwealth;
that at the 1964 Session the Virginia Outdoor Recreation Study Commis-
sion was created to inventory and appraise outdoor recreation facilities
in relation to present and projected outdoor recreation needs and to develop
a long range comprehensive plan for meeting these needs; and it has re-
ported to the General Assembly that it is necessary for the proper develop-
ment of outdoor recreational facilities and in the public interest of the
people of the Commonwealth that a State authority be created to advise
and direct on a continuing basis the Commonwealth’s long range plan to
acquire, maintain, improve, protect and limit the future use of or otherwise
conserve open spaces and areas of the Commonwealth; and it is necessary
for such State authority to have the power necessary to acquire land for
future outdoor recreation use and to coordinate the recreational use of,
and development of recreational facilities on other land held in the name of
the Commonwealth.
§ 2. There is hereby created a Commission of Outdoor Recreation,
hereinafter referred to as the Commission. The Commission shall be the
sole agency responsible for the administration of any funds made available
to it. The purpose of the Commission shall be, through the exercise of its
powers and performance of its duties as set forth in this act, to create and
put into effect a long range plan for the acquisition, maintenance, improve-
ment, protection and conservation for public use of those areas of the State
best adapted to the development of a comprehensive system of outdoor
recreational facilities in all fields, including, but not limited to: parks,
forests, camping grounds, fishing and hunting grounds, scenic areas, waters
and highways, boat landings, beaches and other areas of public access to
navigable waters, and to facilitate and encourage the fullest public use

ereof.

§ 3. The Commission shall be composed of nine members as follows:
the Director of the Department of Conservation and Economic Develop-
ment, the Director of the Division of Industrial Development and Planning,
the Executive Director of the Commission of Game and Inland Fisheries
and the State Highway Commissioner shall serve as ex officio members;
five members shall be appointed by the Governor from the State at large
subject to the confirmation of the General Assembly. Initially, the five
members at-large shall be appointed for the following terms: two for a
term of four years, two for a term of three years, and one for a term of two
years. Thereafter, successors to members at-large whose terms expire shall
be appointed for terms of four years. No member at-large having served
two terms shall be eligible for reappointment to the Commission until four
years have elapsed. All terms shall begin July one. Appointments to fill
vacancies occurring shall be for the unexpired term.

§ 4. Members at-large shall be paid the sum of twenty dollars per
day for each day or portion thereof during which engaged in the perform-
ance of their duties, and such members shall be entitled to reimbursement
for their expenses incurred while engaged in the discharge of their duties.

§ 5. The Commission, in its discretion, may employ and fix the com-
pensation of such consultants, technicians, engineers, accountants, attor-
neys, and such other employees and agents as may be required to assist it
in the exercise and performance of its powers and duties.

§ 6. In addition to other powers conferred by this act, the Commis-
sion shall have the following powers:

(a) Pursuant to Chapter 1.1 of Title 9 of the Code of Virginia, the
Commission may from time to time make such rules not inconsistent with
this act or the general laws of the State as it shall deem necessary to carry
out the purposes and provisions of this act, and from time to time it may
alter, repeal or amend any of such rules;

(b) To elect its chairman and any other officer as the Commission
sees fit, and to adopt rules and regulations for its own procedure and gov-
ernment;

(c) Toadminister all funds available to the Commission for carrying
out the purposes of this act;

(d) Todisburse funds to any department, commission, board, agency,
officer or institution of the State, or any political subdivision thereof or any
Park Authority for carrying out the purposes of this act;

(e) To apply to any appropriate agency or officer of the United
States for participation in or the receipt of aid from any federal program

ting outdoor recreation, and in respect thereto, to enter into contracts
and agreements with the United States or any appropriate agency thereof;

(f) To accept gifts, bequests and any other thing to be used for
carrying out the purposes of this act;

(g) To prepare, maintain and keep up-to-date a comprehensive plan
for the development of the outdoor recreation facilities of the State;
(h) To acquire, in the name of the Commonwealth, either by gift
or purchase, any real property or any interest therein, as the Commission
deems necessary for the obtaining of, maintenance, improvement, protec-
tion and conservation of outdoor areas suitable for the development of a
system of outdoor recreational facilities, and to transfer such property to
other State agencies as provided in § 2-4.1 of the Code of Virginia;

(i) To act either independently or jointly with any department, com-
mission, board, agency, officer or institution of the State or any political
subdivision thereof or any Park Authority in order to carry out the Com-
mission’s powers and duties;

(j) To assist upon request any department, commission, board,
agency, officer or institution of the State or any political subdivision thereof
or any Park Authority in the planning of outdoor recreational facilities in
conformity with their respective authorized powers and duties and to en-
courage and assist in the coordination of Federal, State and local recrea-
tional planning; and

( To do all things necessary and proper to perform the duties of
the Commission to effectuate the purposes of this act.

§ 7. The Commission shall have the following duties:

(a) To prepare, maintain and keep up-to-date a comprehensive plan
for the development of outdoor recreation facilities of the State;

To keep financial and other records relating to contracts and
agreements with the United States or any appropriate agency thereof, and
to furnish appropriate officials and agencies of the United States such
reports and information as may be reasonably necessary to enable such
officials and agencies to perform their duties under federal programs
respecting outdoor recreation ;

(c) To coordinate its activities with and represent the interest of
departments, commissions, boards, agencies, officers and institutions of
the State, or any political subdivision thereof or any Park Authority hav-
ing interests in the planning, maintenance, improvement, protection and
conservation of outdoor recreational facilities ;

(d) To study and appraise on a continuing basis the outdoor recrea-
tional needs of the State and to assemble and disseminate information
relative to outdoor recreation ;

(e) Upon the acquisition of any property pursuant to paragraph (h)
of § 6 of this act, the Commission shall transfer such property as soon a8
practicable to the State agency having the power necessary to take such
property ,;

(f) To establish and promote standards for outdoor recreational
facilities ;

(zg) Toreport biennially to the Governor on the activities and recom-
mendations of the Commission ; and

(h) Todo such other things as are necessary and proper to effectuate
the purposes of this act.

§ 8. All departments, commissions, boards, agencies, officers, and
institutions of the State, or any political subdivision thereof and Park
Authorities shal] cooperate with the Commission in the preparation, re-
vision and implementation of a comprehensive plan for the development of
outdoor recreational] facilities, and such local and detailed plans as may be
adopted pursuant thereto.

§ 9. Any rule adopted pursuant to paragraph (a) of § 6 of this act
shall have the force and effect of law, and any person violating such rule
shall be guilty of a misdemeanor and punished as provided in § 18.1-9 of
the Code of Virginia.

§ 10. The Commission is hereby expressly authorized without limit-
ing the authority of the Commission to acquire unrestricted fee simple
title to tracts, to acquire by gift or purchase (1) fee simple title to such
land subject to reservation of rights to use such land for farming or to
reservation of timber rights therein, or (2) easements in gross or such
other interests in real estate as are designed to maintain the character of
such land as open space land. Whenever practicable in the judgment of
the Commission, real property acquired pursuant to this act shall be made
available for agricultural and timbering uses which are compatible with
the purposes of this act.

2. All acts or parts of acts in conflict herewith are repealed to the
extent of such conflict.