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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. 5862 March 25, 1981 AERONAUTICS: Lease of landing field from government unit by Michigan Aeronautics Commission MACKINAC ISLAND STATE PARK COMMISSION: Authority to lease landing field The Mackinac Island State Park Commission may lease the landing field on Mackinac Island to any governmental unit with the approval of the Department of Management and Budget, and the Michigan Aeronautics Commission may, if it so chooses, operate such landing field. Mr. Eugene T. Petersen Superintendent Mackinac Island State Park Commission Box 370 Mackinac Island, Michigan 49757 You have requested my opinion as to the proper means of transferring operation and maintenance of the Mackinac Island Airport from the Mackinac Island State Park Commission to the Department of Transportation, Michigan Aeronautics Commission. You state that the Mackinac Island State Park Commission does not wish to transfer ownership of the airport property, but would like to know what procedure would be necessary to permit operation of the facility by the Michigan Aeronautics Commission. 1958 PA 201, Sec. 1(e), as last amended by 1964 PA 56; MCLA 318.201; MSA 13.1005(1), authorizes the Mackinac Island State Park Commission to maintain and operate an airport or landing field on Mackinac Island, as follows: 'The Mackinac Island state park commission, hereinafter sometimes called 'the commission,' is hereby authorized and empowered, in addition to the powers already conferred on it by law, to exercise the following powers, rights and privileges: . . . '(e) To acquire, construct, develop, improve, repair, maintain and operate, but not to extend the runway beyond 3600 feet, an airport or landing field on property under its jurisdiction, and to lease to any governmental unit any real or personal property under its jurisdiction for use as an airport or landing field on such terms and conditions as shall be approved by the commission and the department of administration. (1) The exercise of any power granted by this subsection shall be subject to determination by the proper federal authority that such exercise will not affect the title of the state to the land involved. All rules and regulations promulgated by any lessee shall reflect written approval by the commission before any such rules or regulations are in effect.' The Mackinac Island State Park Commission has authority not only to operate and maintain an airport or landing field, but to lease to any governmental unit any real or personal property under its jurisdiction for use as an airport or landing field, on such terms and conditions as shall be approved by the Mackinac Island State Park Commission (2) and the Department of Management and Budget. In OAG, 1963-64, No 4162A, p 413 (June 9, 1964), it was concluded '. . . that the Mackinac Island State Park Commission is possessed of lawful authority to acquire an approved airport on Mackinac Island but not to extend the runway beyond 3600 feet. It is also empowered by the legislature to lease to any governmental unit real property under its jurisdiction for use as an airport.' You have advised that the 'airport' presently maintained and operated by the Mackinac Island State Park Commission is not equipped with facilities for the shelter, supplying and repair of aircraft. Thus, it is not an 'airport' as defined in the Aeronautics Code of Michigan, 1945 PA 327; ch 1, Sec. 9; MCLA 259.9; MSA 10.109. It is, instead, a 'landing field' as this meets the term as defined in 1945 PA 327, Sec. 21; MCLA 259.21; MSA 10.129: 'Any location, either on land or water, which shall be used for the landing or take-off of aircraft with safety, but which is not equipped with facilities for the shelter, supply and repair of aircraft.' 1945 PA 327, ch 6, Sec. 101; MCLA 259.101; MSA 10.201, authorizes the Michigan Aeronautics Commission to acquire, lease, maintain and operate landing fields, as follows: '. . . The commission is authorized and empowered on behalf of and in the name of this state to acquire by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property real or personal, for the purpose of establishing and constructing an airport at Lansing, landing fields and other aeronautical facilities, and to acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such airport, landing fields, and other aeronautical facilities, within this state; and to dispose of any such property, in accordance with the laws of this state governing the disposition of other like property of the state.' (Emphasis added.) It is, therefore, my opinion that the Mackinac State Park Commission may lease the landing field on Mackinac Island to any governmental unit with the approval of the Department of Management and Budget, and the Michigan Aeronautics Commission may, if it so chooses, acquire by lease and operate and maintain the landing field on Mackinac Island. Frank J. Kelley Attorney General (1)
(2)
As a Type I agency with the Department of Natural Resources, this authority is exercised subject to supervision by the Commission of Natural Resources. 1965 PA 380, Secs. 254 and 256; MCLA 16.354; MSA 3.29(254); MCLA 16.356; MSA 3.29(256).
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