The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5251 January 9, 1978 KAMMER RECREATIONAL LAND TRUST FUND ACT: Relationship between Natural Resources Commission and the State Recreational Land Acquisition Trust Fund Board of Trustees NATURAL RESOURCES COMMISSION: Relationship with the State Recreational Land Acquisition Trust Fund Board of Trustees Decisions of the State Recreational Land Acquisition Trust Fund Board of Trustees concerning the priority list of recreational lands and rights in lands to be purchased are not subject to review by the Natural Resources Commission. Donald D. Juchartz Chairman Michigan Land Trust Fund Board Department of Natural Resources Stevens T. Mason Building Box 30028 Lansing, Michigan 48909 You have requested my opinion whether, pursuant to the Kammer Recreational Land Trust Fund Act, 1976 PA 204; MCLA 318.401 et seq; MSA 13.1095(21) et seq, decisions of the State Recreational Land Acquisition Trust Fund Board of Trustees, hereafter referred to as 'the Board', are subject to review by the Natural Resources Commission. You state in your letter: 'The specific issue here is the legal relationship between the [Trust Fund] Board and the Natural Resources Commission. This issue arose when the Board questioned whether the Natural Resources Commission has review and approval authority over the Board's selection of lands to be acquired with Trust Fund monies. As you may know, the Department of Natural Resources procedures for land acquisition require presentation of proposed land acquisition to the Natural Resources Commission for review and approval prior to taking title. . . .' 1976 PA 204, supra, Sec. 3 creates the state recreational land acquisition trust fund, which is to be administered by the Board. The five member Board is composed of the Director of the Department of Natural Resources, the Chairman of the Natural Resources Commission, and 3 citizens of the state to be appointed by the governor with the advice and consent of the senate. 1976 PA 204, supra, Sec. 7. The Legislature created the trust fund for the purchase of land or rights in land as provided in section 6 for hunting or fishing and recreational purposes including, but not limited to, camping, hiking, picnicking, and swimming pursuant to 1976 PA 204, Sec. 3, supra. The source of funding for the trust fund is found in 1976 PA 204, supra, Sec. 4 which in pertinent part, provides: '. . . the royalties paid by persons extracting oil and gas from the Pigeon river country state forest under leases with the state and from gas, oil, and mineral extractions initiated after the effective date of this act or other lands for which the state has sold mineral, gas, oil, or oil leases; and from the sale of additional oil and gas leases in the Piegeon river country state forest and from other mineral, gas, or oil leases the state enters into after the effective date of this act . . . Money accrued in this section may be alloted to improve the multipurpose use of the Pigeon river country state forest.' The trust fund, excluding interest, is not to exceed $100,000,000. 1976 PA 204, Sec. 4(2), supra. Not more than one-third of the previous year's royalty payments to the fund not to exceed $2,500.000 in any one fiscal year may be used to purchase recreational land or rights in land. 1976 PA 204, supra, Sec. 5. 1976 PA 204, Sec. 3, supra, mandates that the Trust Fund Board shall be a division of the department of natural resources. The Natural Resources Commission, pursuant to 1965 PA 380, Sec. 251; MCLA 16.351; MSA 3.29(251) is the head of the Department of Natural Resources. The words of a statute cannot be construed in a void; they must be read together to effectuate legislative intent. Dussia v Monroe County Employees Retirement System, 27 Mich App 398; 183 NW2d 583, aff'd 386 Mich 244; 191 NW2d 307 (1971). 1976 PA 204, supra, Sec. 9 provides that the Board: '. . . shall determine which land and rights in lands within the state should be acquired and shall submit to the legislature in January of each year a list of those lands and rights in lands it has determined should be acquired with fund money, compiled in order of priority.' Upon receipt of the list, the legislature is to select by law the lands and rights in lands to be acquired with fund money each year. 1976 PA 204, Sec. 9, supra. The actual land purchase decisions under 1976 PA 204 will be made by the Legislature and the Board simply establishes the land purchase priority list. 1976 PA 204, Sec. 9(4), supra. No obligation is imposed on the Legislature to approve the purchases in accordance with the Board's priority list nor does the statute refer to any participation by the Natural Resources Commission in establishing the priority list. It is the intent of the Legislature that the list made by the Board not be subject to review by the Commission. Consistent with this conclusion is the language of 1976 PA 204, Sec. 3 supra which states: 'The department of natural resources shall offer its cooperation and aid to the board and shall provide suitable offices and equipment for the board.' Had the Legislature intended that the Board be subject to the Commission, the Legislature would not have directed that the Department offer its cooperation and aid to the Board. It must also be observed that the Chairman of the Natural Resources Commission serves, ex officio, as a voting member of the Board. If the Natural Resources Commission is emplowered to review Board decision, the Chairman of the Commission would participate in the supervision of his or her own decisions. I do not believe that the Legislature intended such a result. It is, therefore, under 1976 PA 204, supra, my opinion that the decisions of the State Recreational Land Acquisition Trust Fund Board of Trustees concerning the priority list of recreational lands and rights in lands to be purchased are not subject to review by the Natural Resources Commission. Frank J. Kelley Attorney General