** PART I **
RE: REQUEST FOR AN OPINION RELATING TO THE COMMISSIONERS OF THE LAND OFFICE'S AUTHORITY UNDER SECTION 11 OF SENATE BILL NO. 37, 1989 SESSION LAW, CH., P.
ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN OPINION REGARDING THE CONSTITUTIONAL PROPRIETY OF SECTION 11 OF SENATE BILL NO. 37, 1989 OKLA. SESS. LAWS, CH. P.. AS YOU KNOW, FROM YOUR CONVERSATIONS WITH OUR FIRST ASSISTANT, SUSAN LOVING, THE QUESTION YOU POSED IS NOT ONE THAT LENDS ITSELF TO THE ISSUANCE OF A FORMAL ATTORNEY GENERAL'S OPINION, AS THE QUESTION DOES NOT TURN SOLELY UPON QUESTIONS OF LAW, BUT RATHER ALSO TURNS ON QUESTIONS OF FACT. THIS BEING THE CASE, WE ADDRESS YOUR INQUIRES BY WAY OF THE FOLLOWING INFORMAL LEGAL MEMORANDUM.
QUESTION PRESENTED
AT SECTION 11 OF SENATE BILL NO. 37 OF THE FIRST REGULAR SESSION OF THE 42ND LEGISLATURE, THE OKLAHOMA LEGISLATURE APPROVED THE EXPENDITURE OF SCHOOL LAND TRUST FUNDS FOR THE IMPROVEMENT AND DEVELOPMENT OF TRUST LANDS UPON WHICH OKLAHOMA CITY COMMUNITY COLLEGE IS LOCATED, PROVIDING AS FOLLOWS:
"THE OKLAHOMA LEGISLATURE HEREBY APPROVES AN EXPENDITURE OF MONIES, NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) BY THE COMMISSIONERS OF THE LAND OFFICE FOR THE PURPOSE OF IMPROVING AND DEVELOPING THE TRUST LANDS UPON WHICH OKLAHOMA CITY COMMUNITY COLLEGE IS LOCATED. THE RATE OF RETURN ON SAID TRUST LANDS SHALL BE PURSUANT TO AN AGREEMENT ENTERED INTO BY THE COMMISSIONERS OF THE LAND OFFICE AND THE BOARD OF REGENTS OF OKLAHOMA CITY COMMUNITY COLLEGE. PROVIDED FURTHER, THAT THE OKLAHOMA CITY COMMUNITY COLLEGE SHALL NOT USE STATE APPROPRIATED FUNDS FOR LEASE PAYMENTS SPECIFIED UNDER THE TERMS OF SAID AGREEMENT."
YOU ASK, IN LIGHT OF PROVISIONS OF THE STATE ENABLING ACT, ARTICLE IX 11 OF THE OKLAHOMA CONSTITUTION, AND VARIOUS PROVISIONS OF TITLE 64 O.S. OF THE OKLAHOMA STATUTES, WHETHER THE COMMISSIONERS OF THE LAND OFFICE MAY CONSTITUTIONALLY EXPEND UP TO $2.5 MILLION OF SCHOOL LAND TRUST FUNDS TO IMPROVE AND DEVELOP TRUST LANDS BY CONSTRUCTING A SWIMMING POOL ON THE SCHOOL LAND AT OKLAHOMA CITY COMMUNITY COLLEGE.
ESTABLISHMENT OF THE SCHOOL LAND TRUST AND OKLAHOMA'S ACCEPTANCE OF THE TRUST.
AS YOU KNOW, IN 1906, THE UNITED STATES CONGRESS ENACTED LEGISLATION TO ENABLE THE PEOPLE OF OKLAHOMA AND INDIAN TERRITORY TO FORM A CONSTITUTION AND STATE GOVERNMENT AND BE ADMITTED INTO THE UNION ON EQUAL FOOTING WITH THE ORIGINAL STATES. IN THIS ACT, THE OKLAHOMA ENABLING ACT, (ACT OF CONGRESS JUNE 16, 1906, 34 U.S.ST. AT LARGE, P. 267 ET.) CONGRESS ESTABLISHED THE OKLAHOMA SCHOOL LAND TRUST. AT SECTION 7 OF THE ENABLING ACT, CONGRESS PROVIDED THAT UPON THE ADMISSION OF OKLAHOMA INTO THE UNION, SECTIONS 16 AND 36 IN EACH TOWNSHIP IN OKLAHOMA TERRITORY AND OTHER LANDS WOULD BE GRANTED TO THE STATE IN TRUST, FOR THE USE AND BENEFIT OF COMMON SCHOOLS. ADDITIONALLY, CONGRESS APPROPRIATED 5 MILLION DOLLARS TO BE HELD AND INVESTED BY THE STATE IN TRUST FOR THE USE AND BENEFIT OF COMMON SCHOOLS.
THE ENABLING