CHAPTER 292

An Act to amend and reenact Chapter 37, Acts of Assembly, 1954, ap-
proved February 28, 1954, establishing a compact with the Common-
wealth of Kentucky creating the Breaks Interstate Park and a Breaks
Interstate Park Commission, so as to allow such Commission to exer-
cise the power of eminent domain in acquiring land or other property
to be used as park property.

(S 172]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That Chapter 37, Acts of Assembly 1954, approved February 23,
1954, be amended and reenacted as follows:

§ 1. The Governor is hereby authorized and directed to execute, on
behalf of the Commonwealth of Virginia, a compact with the Common-
oe of Kentucky, which compact shall be in form substantially as
ollows:
Pursuant to authority granted by an Act of the 83rd Congress of the
United States, being Public Law 275, approved August 14, 1953, the
Commonwealth 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 IT.

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 Com-
mission 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 anpointed 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 vears, 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 III.

The Commission created herein shall be a joint corporate instrumen-
tality 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 authorize the
Commission to exercise the right of eminent domain to acquire property
located within each Commonwealth required by the Commission to effec-
tuate 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 maintain
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 constitute
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
jurisdictions 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, show-
ing in full its receipts and disbursements, and said records shall be open
at any reasonable time to the inspection of such representatives of the two
Commonwealths as may be duly constituted for that purpose. The Com-
mission 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, pur-
suant 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 * Breaks Interstate Park Commission 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 Breaks 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 Commonwealth
of Kentucky and upon approval of this Compact by the Congress of the
United States.

Until such time as the Commonwealth of Kentucky and the Congress
of the United States approve the Compact as amended by the General
Assembly in regular session in 1964, the Compact adopted under Chapter
87, Acts of Assembly, 1954, shall prevail.