CHAPTER 37

An Act to authorize the Governor to execute, on behalf of the Common-
wealth. a certain compact with the Commonwealth of Kentucky, said
compact relating to the creation of a Breaks Interstate Park and a
Breaks Interstate Park Commission, and to the powers, duties and
functions thereof.

[S 2]

Approved February 23, 1954
Be it enacted by the General Assembly of Virginia:

1. § 1. The Governor is hereby authorized and directed to execute, on
behalf of the Commonwealth of Virginia, a compact with the Common-
wealth of Kentucky, which compact shall be in form substantially as

follows:
BREAKS INTERSTATE PARK COMPACT

Pursuant to authority granted by an Act of the 83rd Congress of the
United States, being Public Law 275, approved August 14, 1953, the Com-
monwealth of Kentucky and the Commonwealth of Virginia do hereby
covenant and agree as follows:

Article I.

The Commonwealth of Kentucky and the Commonwealth of Virginia
agree to create, develop and operate an interstate park to be known as the
Breaks Interstate Park, which shall be located along the Russell Fork of
the Levisa Fork of the Big Sandy River and on adjacent areas in Pike
County, Kentucky, and Dickenson and Buchanan Counties, Virginia. Said
park shall be of such area and of such character as may be determined by
the commission created by this Compact.

Article II.

There is hereby created the Breaks Interstate Park Commission, which
shall be a body corporate with the powers and duties set forth herein and
such additional powers as may be conferred upon it by subsequent action of
the appropriate authorities of Kentucky and Virginia. The commission
shall consist of three commissioners from each of the two states, each of
whom shall be a citizen of the state he shall represent. Members of the
commission shall be appointed by the Governor. Vacancies shall be filled
by the Governor for the unexpired term. The term of one of the first
commissioners appointed shall be for two years, the term of another for
three years, and the term of the third of four years. Their successors
shall be appointed for terms of four years each. Each commissioner shall
hold office until his successor is appointed and qualified. An officer or
employee of the state, a political subdivision or the United States govern-
ment may be appointed a commissioner under this act.

Article ITI.

The commission created herein shall be a joint corporate instru-
mentality of both the Commonwealth of Kentucky and the Commonwealth
of Virginia for the purpose of effecting the objects of this compact, and
shall be deemed to be performing governmental functions of the two states
in the performance of its duties hereunder. The commission shall have
power to sue and be sued, to contract and be contracted with, to use a
common seal and to make and adopt suitable by-laws, rules and regulations.
The commission shall have the authority to acquire by gift, purchase or
otherwise real estate and other property, and to dispose of such real estate
and other property. Each Commonwealth agrees that it will exercise the
right of eminent domain to acquire property located within each Com-
monwealth required by the Commission to effectuate the purposes of this

Compact.
Article IV.

The commission shall select from among its members a chairman and
a vice-chairman, and may select from among its members a secretary and
treasurer or may designate other persons to fill these positions. It may
appoint, and at its pleasure remove or discharge, such officers and legal,
clerical, expert and other assistants and employees as may be required to
carry the provisions of this compact into effect, and shall fix and determine
their duties, qualifications and compensation. It may establish and main-
tain one or more offices for the transaction of its business, and may meet
at any time or place. A majority of the commissioners present shall con-
stitute a quorum for the transaction of business. The commissioners shall
serve without compensation, but shall be paid their expenses incurred in
and incident to the performance of their duties. They shall take the
oath of office required of officers of their respective states.

Article V.

Each Commonwealth agrees that the officers and departments of each
will be authorized to do all things falling within their respective juris-
dictions necessary or incidental to the carrying out of the compact in every
particular. The Commission shall be entitled to the services of any state
officer or agency in the same manner as any other department or agency
of this state. The Commission shall keep accurate records, showing in full
its receipts and disbursements, and said records shall be open at any reason-
able time to the inspection of such representatives of the two Common-
wealths as may be duly constituted for that purpose. The Commission shall
submit annually and at other times as required such reports as may be
required by the laws of each Commonwealth or by the Governor thereof.
Article VI.

The cost of acquiring land and other property required in the develop-
ment and operation of the Breaks Interstate Park and constructing, main-
taining and operating improvements and facilities therein and equipping
same may be defrayed by funds received from appropriations, gifts, the
use of money received as fees or charges for the use of said park and
facilities, or by the issuance of revenue bonds, or by a combination of such
sources of funds. The commission may charge for admission to said park,
or make other charges deemed appropriate by it and shall have the use of
funds so received for park purposes. The commission is authorized to issue
revenue bonds, which shall not be obligations of either state, pursuant to
procedures which shall be in substantial compliance with the provisions of
laws of either or both states governing the issuance of revenue bonds by
governmental agencies.

, Article VII.

All money, securities and other property, real and personal, received
by way of gift or otherwise or revenue received from its operations may be
retained by the commission and used for the development, maintenance and
operation of the Park or for other Park purposes.

The commission shall not pledge the credit of either Commonwealth
except by and with the authority of the General Assembly thereof.

| Article VIII.

This compact may be amended from time to time by the concurrent
action of the two Commonwealth parties hereto.

§ 2. All governmental agencies of the Commonwealth of Virginia
are authorized to cooperate with the Breaks Interstate Park Commission
created by the compact approved by this act, it being the policy of this
Commonwealth to perform and carry out the compact and to accomplish
the purposes thereof. The Department of Conservation and Development
is authorized to transfer funds available to it to the Breaks Interstate Park
Commission with the same effect as if it were expending funds on State
parks. The Department of Conservation and Development is authorized to
exercise the right of eminent domain on behalf of the Commonwealth of
Virginia in acquiring land or other property required in the establishment
or enlargement of a Break Interstate Park.

§ 3. The compact approved herein and other provisions of this act
dependent thereon shall become effective upon the ratification and approval
of the compact by the General Assembly of the Comminwealth of Kentucky
and upon approval of this compact by the Congress of the United States.

An emergency exists and this act is in force from its passage.