February 14, 1997
Mr. Philip K. McKnelly, Director
N.C. Division of Parks and Recreation
P.O. Box 27687 Raleigh, N.C. 27611-7687
SUBJECT: Advisory Opinion – Power of the N.C. Parks and Recreation Authority to Allocate Parks and Recreation Trust Fund Monies for Local Planning Purposes, N.C. Gen. Stat. §11344.14(b)(2) and §143B-313.1
Dear Mr. McKnelly:
You have asked for an advisory opinion as to whether N.C. Gen. Stat. §113-44.15(b)(2) and §143B-313.1 authorize the N.C. Parks and Recreation Authority ("NCPRA") to allocate Parks and Recreation Trust Fund ("PARTF" or "Fund") monies to local governments for assistance in preparing comprehensive system-wide local park and recreation plans, master plans, site plans, and citizen surveys.
SUMMARY
We conclude that N.C. Gen. Stat. §113-44.15(b)(2) and N.C. Gen. Stat. §143B-313.1 do not authorize the NCPRA to allocate PARTF monies to local governments for planning purposes, unless such purposes are otherwise specified by the General Assembly or the terms of a gift or grant to the PARTF. If the NCPRA wishes to allocate PARTF monies for local planning purposes, we suggest that it seek legislation expressly granting such power. We can assist the NCPRA in drafting appropriate legislation if requested.
ANALYSIS
To answer your inquiry, both N.C. Gen. Stat. §113-44.15, which establishes the PARTF, and
N.C. Gen. Stat. §143B-313.1, which sets forth the NCPRA’s powers, must be analyzed. N.C. Gen. Stat. §113-44.15 establishes the PARTF as a nonreverting special revenue fund consisting of gifts and grants to the Fund, monies credited to the Fund from the revenue tax on deeds, and other monies appropriated by the General Assembly. N.C. Gen. Stat. §113-44.15 further provides that PARTF monies should be allocated among three entities–the State Parks System, local government units, and the Coastal and Estuarine Water Beach Access Program. N.C. Gen. Stat. §113-44.15(b)(2) specifically addresses allocations to local governments and provides, in pertinent part, that:
". . . unless otherwise specified by the General Assembly or the terms and conditions of a
gift or grant, [funds] shall be allocated and used as follows:
(2) Thirty percent (30%) to provide matching funds to local government units on a dollar-fordollar basis for local park and recreation purposes. These funds shall be allocated by the North Carolina Parks and Recreation Authority based on criteria patterned after the Open Project Selection Process established for the Land and Water Conservation Fund administered by the National Park Service of the United States Department of the Interior.
When construing a statute, the primary goal is to give effect to the legislative intent. Bowers v. City of High Point, 339 N.C. 413, 451 S.E.2d 284 (1994). In ascertaining this intent, the statute as a whole must be considered, weighing the language of the statute, its spirit, and what it seeks to accomplish. Shelton v. Morehead Memorial Hosp., 318 N.C. 76, 347 S.E.2d 824 (1986). The language of a statute should be given its "natural and ordinary meaning unless the context requires otherwise." Turlington v. McLeod, 323 N.C. 591, 594, 374 S.E.2d 394 (1988).
The first sentence of N.C. Gen. Stat. §113-44.15(b)(2) states that thirty percent (30%) of the funds are to be allocated for "local park and recreation purposes." It does not appear that the legislature intended that this general reference to "local park and recreation purposes" include allocations for local planning because of the specific provision which follows. The statute further provides that funds shall be allocated "based on criteria patterned after the Open Project Selection Process" established for the National Park Service’s Land and Water Conservation Fund ("LWCF"). By adding this additional provision, it appears that the legislature intended that the NCPRA evaluate proposed local government projects according to similar criteria used under the National Park Service’s LWCF program.
The criteria used in the LWCF program generally examines how proposals for land acquisition and/or development of outdoor park and recreation areas will be evaluated and ranked for eligible federal funding through the LWCF. See, Land and Water Conservation Fund Grants Manual, Chapters 660.4 and 660.5. Since local governments cannot obtain LWCF assistance for planning, the LWCF’s Open Project Selection Process criteria does not address local government planning proposals. Although LWCF grants can be obtained for planning purposes, the only eligible applicant is the designated state agency responsible for administering the Statewide Comprehensive Outdoor Recreation Plan. See, Land and Water Conservation Fund Grants Manual, Chapter 630.2(4).
Therefore, it appears that the legislature did not intend for the NCPRA to allocate PARTF monies for local planning, since particular proposals are to be evaluated under criteria patterned after the LWCF’s Open Project Selection Process. A contrary interpretation of N.C. Gen. Stat. §113-44.15(b)(2) would render the last sentence of the statute meaningless. "A statute must be construed, if possible, to give meaning and effect to all of its provisions." HCA Crossroads Residential Centers, Inc. v. N.C. Dept. of Human Resources, 327 N.C. 573, 578, 398 S.E.2d 466, 470 (1990). It is presumed that the legislature did not intend any provision to be "mere surplusage." Porsh Builders, Inc. v. City of Winston-Salem, 302 N.C. 550, 556, 276 S.E.2d 443, 447 (1981). The only exceptions to this limitation on the purposes for which allocations may be made are found in the introductory language of N.C. Gen. Stat. §113-44.15(b), which provides that the General Assembly, or the terms and conditions of a gift or grant to the Fund, may set forth another allocation purpose.
Construing N.C. Gen. Stat. §113-44.15(b)(2) so as not to authorize local planning allocations is also consistent with N.C. Gen. Stat. §143B-313.1, the statute creating the NCPRA. N.C. Gen. Stat. §143B-313.1 vests the NCPRA with the following powers, inter alia:
- (2)
- to allocate funds for land acquisition from the Parks and Recreation Trust Fund; and
- (3)
- to allocate funds for repairs, renovations, improvements, construction and other capital improvements from the Parks and Recreation Trust Fund.
(emphasis supplied)
"Statutes dealing with the same subject matter must be construed in pari materia and harmonized, if possible, to give effect to each." Bd. of Adjmt. of the Town of Swansboro v. Town of Swansboro, 334 N.C. 421, 427, 432 S.E.2d 310, reh’g denied, 335 N.C. 182, 436 S.E.2d 369 (1993). Under N.C. Gen. Stat. §143B-313.1, the NCPRA has the express power to allocate funds for land acquisition and capital improvements, but not for planning purposes. Since the statute does not expressly grant the NCPRA the power to allocate funds for local planning purposes, it must be presumed that the legislature did not intend to grant such power. The two statutes, N.C. Gen. Stat. §113-44.15(b)(2) and N.C. Gen. Stat. §143B-313.1, can most reasonably be harmonized by limiting the NCPRA’s power to allocate PARTF monies to local governments for land acquisition and capital improvement purposes only; unless, the specific terms of a gift or grant to the Fund, or subsequent legislation by the General Assembly, specify otherwise.
If you have any questions or need further assistance please let us know.
Daniel C. Oakley Senior Deputy Attorney General
David W. Berry
Assistant Attorney General