Case Information

*1 OFFICE OF THE ATTORNEY GENERAL,OF TEXAS

AUSTIN

Mr. P. 0. Blecke, Dire&or

Texae Forest Servloe

College Station, Texas

Dear Itr. Sleoke:

ioulture Is ited statutory lth the State etry In rhloh y and willlne; to oo- sxeouted by the State oi Direotom of the A. &M.

e that suoh oooperatlve work by the State Forester, under on of the Board of Directors Seoretary of Agriculture authority tate etatutee to the extent of the State forester, and offering oo- operation in Farm Forestry under the provisions of the Borrle-Dosoy Aot to any other State dgenoy9*

It will be noted that the Resolution referred reads In part:

w. . . In order to aid agrloulture, lnoreaes farm-forest lnoome, oonserve water res~uroa8, lnoreaee employment, and In other rape advanoe *2 .

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MF* lt. 0. Slroke, Page t

the *noral welfare and Improve living oondl- tlons on farms through rerorestatlon and atforest- atlon In the various 8tatea and Territories, the Seoretary of A@oulture ir authorized in oo- operation with the land-grant oollegee and uni- vereltles and State forestry agenoles, eeoh within Its rrspeotlve field of aotlvitles, acoord- ing to the statutes, If any, of the respeotlve States, wherever ruoh sgenoles oan and will oo- operato, or ln detault of ruoh oooperatlon to aot dlreotly to produoe or proouro and dlstrl- but6 forost &es and shrub plautiug 8took; rake neoeseary investigations; to advise farmers regarding the l stabllrhment, protection, and man- a ernent o? farm foreetr and forest and rhxub planta- t on8 and the harveetlng, utlliration, and marketing f

of the produote thereof; and.t.0 enter into ooop- l ratlve agremmnte for the establishment, proteotlon, and oare or tarn or other tore8t-land tree and shrub plant- ings within ruoh states and Territories;. . l m

The Resolution doe8 .not require the Seoretary or Agrioulture to do these things, but It only empowers him or gives him the right to do them.

It will be noted that in the flrrt paragraph of Artiola 2613, Revlsed Statutes or Texas, reads:

The Board of Dlreotora Is oharged wlth the duties and empowered to do and perform the aots hereinafter set rorth as r0ii0rat . .I

And It will be noted that In Article 26lSa. In each lnetanoe It Is stated that the Board Is authorized to do oertaiu things.

In Co& Ino- vo. Humble 011 t Refining Co. 16 s. W. (ed) 2S5, the oourt held that, *The primary aeanlng of 'authorize' Is to empower, to give a right to aOt."

We therefore answer yOUF questions that the Resolution of the United States Congress empowars Or gives the Sbaretary of Agriculture the right to aot, but does not obligate or roqulre him to do the things outlined in your letter. fn ddallng with the Seoretary of Agrloulture

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Mr. E. 0. Sleoke, Page 9

with reference to the ratter6 involved In your Inquiry, of (iourra the matter 16 one for negotiation end not ror oom- pulslon.

Yours very truly A!rToRHlcy- OF TXUS BY (Slmed) A. 6. Rolllnr Anelstant ~R:pbp

AFsmRDt ~Atl& 31, 19s9

(Signed) Gerald C. Yaun

ATTOFtWlK CRRERAL OF TEXAS Approved Opinion Committee

Ry RWJ3-Chalman.