(1) The city of Holden may contribute funds to a multi-purpose watershed protection project six miles outside the city limits which includes recreational facilities pursuant to Section 278.145, RSMo, and (2) the city of Holden, Missouri, Johnson County, Missouri, and the South Fork of the Blackwater River Watershed Subdistrict have the authority to make relocation assistance payments pursuant to 42 U.S.C. §§ 4601, et seq.

CITIES: COUNTIES: CITY PARKS: (1) The city of Holden may contribute funds to a multi- purpose watershed protection project six miles outside t h0 city limits which include~ recreational facilities pur- suant to Section 278.145, RSMo, and (2) the city of Holden, Mis- souri, Johnson County , Missouri, RECREATION: FEDERAL GRANTS: WATERSHED DISTRICTS: COOPERATIVE AGREEMENTS: UNIFORM RELOCATION ASSISTANCE 1\CT: and the South Fork of the Blackwater River Watershed Subdistrict have the authority to make relocation assistance payments pursuant to 42 u.s .c. §§ 4601, et seq. March 24, 1975 Mr. James L. Wilson, Director Department of Natural Resources Post Office Box 176 Jefferson City, Missouri 65101 Dear Mr . Wilson: OPINION NO. 27 FILED tf/,1 This is in response to your request for an opinion concern- ing the following questions: "1. Does the City of Holden, Missouri; Coun- ty Court of Johnson County, Mo.; and the South Fork of the Blackwater River Water- shed Subdistrict have the authority under sections 523.200, 523.205, and 523.210 to make payments for relocation assistance specified by the Uniform Relocation and Advisory Assistance Act, 42 U.S .C. 4601- 4655? "2. Does the City of Holden, Missouri, have the authority to sponsor a recreation de- velopment which is approximately 6 miles from the city limits?" We will consider your second question first because it must be established that the city of Holden has authority to partici- pate in this project before considering whether it may pay relo- cation assistance, which is a requirement of federal law (42 U.S.C . §§ 4601, et seq.) for all entities found otherwise eligible to par- ticipate. Mr . James L. Wilson According to a doc ument that the United States De partment o f Agriculture provided this office entitled "Revised Watershed Work Plan Agreement" dated July, 1972, a water supply structure is plan- ned approximately six miles from Holden, Missouri . This structure will serve several purposes including watershed pro tection , flood control, and recreation. Your question asks whether the city of Holden has the authority to ''sponsor" this project. The plan, pre- viously mentioned , contains the following caption : "REVISED WATERSHED WORK PLAN AGREEMENT between the SOIL AND WATER CONSERVATION DISTRICT OF JOHNSON COUNTY SOUTH FORK OF BLACKWATER RIVER WATERSHED SUBDISTRICT JOHNSON COUNTY COURT CITY OF HOLDEN, MISSOURI MISSOURI WATER RESOURCES BOARD * * * State of Missouri and the Soil Conservation Service United States Department of Agriculture" We assume that the city of Holden is within the Soil and Water Conservation District of Johnson County. We further assume that by "sponsor" you mean the contribution of funds, or other assets , of the city to the project. It is our further understanding that the city p lans to develop and operate some recreational facilities at this project . Section 278.145, RSMo , states: "The county court of any county or the govern- ing body of any city , town or village in which a soil and water conservation district lies in whole or in part may cooperate with the super- visors of the district in carrying out the pur- poses of the district program , and in the event the county court or governing body finds that -2- Mr. James L. Wilson the benefits accruing to the county or munici- pal area by reason of the program of the soil and water conservation district justify such action, the county court or governing body may contribute money, services or the use of equip- ment to the district." This provision appears to give counties and cities broad au- thority to participate in soil and water conservation district pro- jects which may affect the city or county. Since the Soil and Water Conservation District of Johnson Coun- ty is a sponsoring local organization of this project, it is our view that Section 278.145 is applicable. Therefore, it is our view that the city of Holden, Missouri, may contribute "money , services or the use of equipment" to the project. Concerning your first question, enclosed are Opinion Letter No. 314 issued September 29, 1971, to Robert L. Dunkeson and Opin- ion Letter No. 37 issued December 13, 1973, to N. William Phillips. Both letters indicate that Sections 523.200 to 523.215, RSMo Supp. 1973, are not applicable when the project in question involves federal funds. Both letters, however, also note that Article III , Section 38(a), Missouri Constitution, authorizes the contribution, by state agencies or political subdivisions of the state , of re- location assistance that is necessary as a condition to receiving federal funds. Clearly, the city of Holden and the county of Johnson are political subdivisions of the state. This office has previously held that a soil and water conservation subdistrict is an agency of the state. In Attorney General's Opinion No. 304 issued Au- gust 22, 1967, to Lee E. Norbury, we stated, at page 7: "It appears, therefore, that soil and water conservation subdistricts have the power to impose taxes and are agencies of the state. II Based on this authority, it is our view that the city of Holden, the county court of Johnson County, and the South Fork of the Blackwater River Watershed Subdistrict have the authority to make said payments for relocation assistance. CONCLUSION It is the opinion of this office that (1) the city of Holden may contribute funds to a multi-purpose watershed protection project - 3- Mr. James L. Wilson six miles outside the city limits which includes recreational facil- ities pursuant to Section 278.145, RSMo, and (2) the city of Holde n, Missouri, Johnson County, Missouri, and the South Fork of the Black- water River Watershed Subdistrict have the authority to make reloca- tion assistance payments pursuant to 42 U.S.C. §§ 4601, et seq. The foregoing opinion, which I hereby approve, was prepared by my assistant, Andrew Rothschild. Yours very~y, ~.J~__:a- Enclosures: Op. No. 133 12-6-66, Kiser I Op. Ltr. No. 314 9-29-71, Dunkeson Op . Ltr. No. 37 12-13-73, Phillips JOHN C. DANFORTH Attorney General -4-