CHAPTER 622
An Act to amend and reenact §§ 1 and 2 of Chapter 37 of the Acts of Assembly of 1954, as amended by Chapter 292 of the Acts of Assembly of 1964, relating to the Breaks Interstate Park Commission.
Approved April 10, 1994
Be it enacted by the General Assembly of Virginia:
1. That §§ 1 and 2 of Chapter 37 of the Acts of Assembly of 1954, as amended by Chapter 292 of the Acts of Assembly of 1964, are 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 Commonwealth 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 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 II.
There is hereby created the Breaks Interstate Park Commission, which shall be
a body corporate with the power 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 the Director of the Virginia Department of Conservation and
Recreation or his designee and the Commissioner of the Kentucky Department of
Parks or his designee as voting, ex officio members, and 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
by the Governor 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
government may be appointed a commissioner under this act.
Article III.
The Commission created herein shall be a joint corporate instrumentality 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 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 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 and 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, showing 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 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 development and operation of the Breaks Interstate Park and constructing, maintaining 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
Recreation 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.
2. That until such time as the Commonwealth of Kentucky approves the Compact as amended by the first enactment clause hereof, the Compact adopted pursuant to Chapter 37 of the Acts of Assembly of 1954, as amended by Chapter 292 of the Acts of Assembly of 1964, shall prevail.