March 7, 1984
Subject:
Aeronautics; State and Federal Aid
Requested By:
W. G. Plentl, P. E., Director of Aeronautics,
N.C. Department of Transportation.
Question:
Does Article 7 Chapter 63 of the General Statutes Permit the N.C. Dept. of Transportation to Make Loans or Grants of State Funds to Publicly Owned Airports for Promotional Purposes?
Conclusion:
No.
The factual background set forth in your request for an opinion is repeated below to clearly indicate the assumptions upon which this opinion is based.
The Rocky Mount/Wilson Airport has shown a steep decline in use for the past several years as a result of airline deregulation and the withdrawal of a major passenger air carrier. A smaller commuter air service has located at the airport, and the Airport Authority would like to institute an advertising campaign to inform the traveling public as to the availability of passenger service from the airport in an effort to increase public use of the facilities. The Airport Authority has requested a loan or a grant of State funds for this promotional purpose.
North Carolina General Statute 63-65 authorizes the Department of Transportation, "subject to the limitations and conditions of this article," to provide loans or grants of State Funds to cities, counties and/or public airport authorities for the purpose of planning, acquiring, constructing or improving publicly owned or controlled airport facilities. This statute also authorizes the Department to engage in "related programs" for aviation safety, education, promotions and long range planning.
North Carolina General Statute 63-66 provides that the Department shall, "subject to the availability of funds for the purpose," promote aviation safety throughout the state and conduct such promotional, educational and other programs as may be necessary "to keep the people of the state properly informed with respect to aviation and to further aeronautics generally throughout the state".
The references to promotional programs contained in the two above-referenced statutes clearly refers to efforts by the Department to encourage the efficient and safe use of aviation facilities throughout the state. There is no reference to these two statutes to promotional endeavors on behalf of an individual airport or airport authority.
The intent of the legislature not to provide funds for the promotional efforts of individual airports or airport authorities can be seen in the provisions of G.S. 63-67 which provides a listing of those activities for which loans and grants of State funds may be made. The activities for which loans and grants of funds are available include the planning, the acquisition, construction, or improvement of any airport, seaplane base, or heliport owned or controlled by any city, county or public airport authority. This statute goes on to say that eligible projects also include navigational facilities, easements, the acquisition of land, the construction of lighting, the marking of landing strips together with security systems, terminal improvements and the elimination of aviation safety hazards. The list of activities eligible for State aid contained in G.S. 63-67 is comprehensive and there is no mention in that statute for promotional assistance to public airports or airport authorities.
In conclusion, while Article 7 of Chapter 63 authorizes the Department of Transportation to engage in the general promotion of aviation and air safety throughout the State, the specific provisions of Article 7 would preclude loans or grants of State funds for promoting specific public airport facilities.
Rufus L. Edmisten Attorney General
Thomas H. Davis, Jr. Assistant Attorney General