Okla. Stat. tit. 3, § 3-85v2

A. The Oklahoma Department of Aerospace and Aeronautics and its

Director acting under its authority is empowered and directed to

encourage, foster, and assist in the development of aerospace and

aeronautics in this state and to encourage the establishment of

airports, vertiports, and air navigation facilities. It shall

cooperate with and assist the federal government, the municipalities

of this state, and other persons in the development of aerospace and

aeronautics, and shall seek to coordinate the aeronautical

activities of these bodies and persons. Municipalities are

authorized to cooperate with the Department in the development of

aeronautics and aeronautical facilities in this state.

B. The Department may organize and administer a voluntary

program of air-age education in cooperation with the schools,

colleges, and for the general public, and may prepare and conduct

voluntary flight clinics for airmen and issue such bulletins and

publications as may be required.

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C. The Department shall assist in all aeronautical matters

related to emergency management actions in conformance with federal

directions and with the Emergency Operations Plan of the state.

D. The Department may establish air markers throughout the

state.

E. The Department may purchase and install roadside signs

directing highway traffic to airports, subject to approval of the

State Transportation Commission.

F. The Department shall:

1. Draft and recommend necessary legislation to advance the

interests of the state in aerospace and aeronautics;

2. Represent the state in aeronautical matters before federal

agencies and other state agencies; and

3. Participate as party plaintiff or defendant or as intervener

on behalf of the state or any municipality or citizen thereof in any

proceeding which involves the interest of the state in aerospace or

aeronautics.

G. 1. The Department may, insofar as is reasonably possible,

make available its engineering and other technical services to any

municipality or person desiring them in connection with the

planning, acquisition, construction, improvement, maintenance, or

operation of airports, vertiports, or air navigation facilities.

2. The Department may render financial assistance by grant or

loan or both to any municipality or municipalities acting jointly in

the planning, acquisition, construction, improvement, maintenance,

or operation of an airport, vertiport, or air navigation facility

owned or controlled, or to be owned or controlled, by such

municipality or municipalities, out of appropriations or other

monies made available by the Legislature for such purposes. Such

financial assistance may be furnished in connection with federal or

other financial aid for the same purposes.

3. The Department shall be designated as the agent of this

state or political subdivision of this state for the purpose of

applying for, receiving, administering and disbursing federal funds

and other public monies for the benefit of general aviation

airports, except reliever airports, as may be available under

applicable federal law or other laws. If requested by a political

subdivision, the Department may act as its or their agent in

contracting for and supervising such planning, acquisition,

construction, improvement, maintenance, or operation; and all

political subdivisions are authorized to designate the Department as

their agent for the foregoing purposes. The Department, as

principal on behalf of the state, may enter into any contracts with

the United States or with any person, which may be required in

connection with a grant or loan of federal monies for municipal

airport, vertiport, or air navigation facility purposes. All

federal monies accepted under this section shall be accepted and

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transferred or expended by the Department upon such terms and
o any contracts with

the United States or with any person, which may be required in

connection with a grant or loan of federal monies for municipal

airport, vertiport, or air navigation facility purposes. All

federal monies accepted under this section shall be accepted and

Oklahoma Statutes - Title 3. Aircraft and Airports Page 48

transferred or expended by the Department upon such terms and

conditions as are prescribed by the United States. All monies

received by the Department pursuant to this section shall be

deposited in the Oklahoma Department of Aerospace and Aeronautics

Revolving Fund in the State Treasury and shall be paid out by the

Department in accordance with the terms and conditions of any

agreement entered into under the provisions of this section.

H. 1. The Department is authorized on behalf of and in the

name of the state, out of appropriations and other monies made

available for such purposes, to plan, zone, establish, construct,

enlarge, improve, maintain, equip, operate, regulate, protect, and

police airports, vertiports, and air navigation facilities, either

within or without the state, including the construction,

installation, equipping, maintenance, and operation at such airports

of buildings and other facilities for the servicing of aircraft or

for the comfort and accommodation of air travelers. However, the

regulatory authority shall not extend to any airman employed by, nor

to any aeronautics facility or aircraft under the exclusive

possession, operation, or control of, a person holding a certificate

of public convenience and necessity issued by any agency of the

United States to operate as a common carrier by air of persons

and/or property in interstate commerce. For such purposes the

Department may, by purchase, gift, devise, or lease, acquire

property, real or personal, or any interest therein including

easements in aeronautical hazards or land outside the boundaries of

an airport or airport site, as are necessary to permit safe and

efficient operation of the state airports or to permit the removal,

elimination, obstruction-marking or obstruction-lighting of airport

hazards, or to prevent the establishment of airport hazards. In

like manner the Department may acquire existing airports,

vertiports, and air navigation facilities. However, the Department

shall not acquire or take over any airport, vertiport, or air

navigation facility owned or controlled by a municipality of this or

any other state without the consent of such municipality. The

Department may, by sale, lease, or otherwise, dispose of any such

property, airport, vertiport, air navigation facility, or portion

thereof or interest therein. The disposal, by sale, lease, or

otherwise, shall be in accordance with the laws of this state

governing the disposition of other property of the state, except

that, in the case of disposals to any municipality or state

government or the United States for aeronautical purposes incident

thereto, the sale, lease, or other disposal may be effected in such

manner and upon such terms as the Department may deem in the best

interest of the state.

2. All airports owned by the state shall be within the primary

jurisdiction of the Oklahoma Department of Aerospace and Aeronautics

for purposes of design, development, and operation; provided, that

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airports owned and operated by the Oklahoma Space Industry

Development Authority shall be exempt from such provisions, and

during the time of a national emergency, the Air National Guard

shall be exempt from such provisions, and provided further, that any

airport owned by the state may be leased by the Department to a

public or private agency, as it may deem fit.

3. Nothing contained in the Oklahoma Department of Aerospace

and Aeronautics Act shall be construed to limit any right, power, or
such provisions, and

during the time of a national emergency, the Air National Guard

shall be exempt from such provisions, and provided further, that any

airport owned by the state may be leased by the Department to a

public or private agency, as it may deem fit.

3. Nothing contained in the Oklahoma Department of Aerospace

and Aeronautics Act shall be construed to limit any right, power, or

authority of the state or a municipality to regulate airport hazards

by zoning.

4. The Department may exercise any powers granted by this

section jointly with any municipalities or with the United States.

5. a. In operating an airport, vertiport, or air navigation

facility owned or controlled by the state, the

Department may enter into contracts, leases, and other

arrangements for a term not exceeding twenty-five (25)

years with any persons granting the privilege of using

or improving such airport, vertiport, or air

navigation facility or any portion or facility thereof

or space therein for commercial purposes; conferring

the privilege of supplying goods, commodities, things,

services, or facilities at such airport, vertiport, or

air navigation facility; or making available services

to be furnished by the Department or its agents at

such airport, vertiport, or air navigation facility.

In each such case the Department may establish the

terms and conditions and fix the charges, rentals, or

fees for the privileges or services, which shall be

reasonable and uniform for the same class of

privileges or services and shall be established with

due regard to the property and improvements used and

the expenses of operation to the state; provided, that

in no case shall the public be deprived of its

rightful, equal, and uniform use of the airport,

vertiport, air navigation facility, or portion or

facility thereof.

b. The Department may by contract, lease, or other

arrangement, upon a consideration fixed by it, grant

to any qualified person for a term not to exceed

twenty-five (25) years the privilege of operating, as

agent of the state or otherwise, any airport owned or

controlled by the state; provided, that no such person

shall be granted any authority to operate the airport

other than as a public airport or to enter into any

contracts, leases, or other arrangements in connection

with the operation of the airport which the Department

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might not have undertaken under subparagraph a of this

paragraph.

c. To enforce the payment of any charges for repairs to,

or improvements, storage, or care of, any personal

property made or furnished by the Department or its

agents in connection with the operation of an airport,

vertiport, or air navigation facility owned or

operated by the state, the state shall have liens on

such property, which shall be enforceable by the

Department as provided by law.

6. In accepting federal monies under this section, the

Department shall have the same authority to enter into contracts on

behalf of the state as is granted to the Department under paragraph

3 of subsection G of this section with respect to federal monies

accepted on behalf of municipalities. All monies received by the

Department pursuant to this section shall be deposited in the

Oklahoma Department of Aerospace and Aeronautics Revolving Fund in

the State Treasury and shall be paid out of the Department Fund in

accordance with the terms and conditions of any agreement entered

into under the provisions of this section.

7. The Department shall grant no exclusive right for the use of

any airport, vertiport, or air navigation facility under its

jurisdiction. This shall not be construed to prevent the making of

contracts, leases, and other arrangements pursuant to paragraph 5 of

this subsection.

I. The Department may enter into any contracts necessary to the

execution of the powers granted it by the Oklahoma Department of
tment shall grant no exclusive right for the use of

any airport, vertiport, or air navigation facility under its

jurisdiction. This shall not be construed to prevent the making of

contracts, leases, and other arrangements pursuant to paragraph 5 of

this subsection.

I. The Department may enter into any contracts necessary to the

execution of the powers granted it by the Oklahoma Department of

Aerospace and Aeronautics Act. All contracts made by the

Department, either as the agent of the state or as the agent of any

municipality, shall be made pursuant to the laws of the state

governing the making of like contracts. When the planning,

acquisition, construction, improvement, maintenance, or operation of

any airport, vertiport, or air navigation facility is financed

wholly or partially with federal monies, the Department as agent of

the state or of any municipality may let contracts in the manner

prescribed by the federal authorities acting under the laws of the

United States and any rules or regulations made thereunder.

J. 1. The Commission, the Director, or any officer or employee

of the Department designated by it shall have the power to hold

investigations, inquiries, and hearings concerning matters covered

by the provisions of the Oklahoma Department of Aerospace and

Aeronautics Act and the rules, regulations, and orders of the

Department. Hearings shall be open to the public and shall be held

upon such call or notice as the Commission shall deem advisable.

Each member of the Commission, the Director, and every officer or

employee of the Department designated by it to hold any inquiry,

investigation, or hearing shall have the power to administer oaths

Oklahoma Statutes - Title 3. Aircraft and Airports Page 51

and affirmations, certify to all official acts, issue subpoenas, and

order the attendance and testimony of witnesses and the production

of papers, books, and documents. In case of the failure of any

person to comply with any subpoena or order issued under the

authority of this subsection, or on the refusal of any witness to

testify to any matters regarding which he may be lawfully

interrogated, it shall be the duty of the district court of any

county or of the judge thereof, on application of the Department or

its authorized representative, to compel obedience by proceedings

for contempt, as in the case of disobedience of the requirements of

a subpoena issued from such court or a refusal to testify therein.

2. In order to facilitate the making of investigations by the

Department in the interest of public safety and promotion of

aeronautics the public interest requires, and it is therefore

provided, that the reports of investigations or hearings, or any

part thereof, shall not be admitted in evidence or used for any

purpose in any suit, action, or proceeding growing out of any matter

referred to in the investigation, hearing, or report thereof, except

in case of any suit, action, or proceeding, civil or criminal,

instituted by or in behalf of the Department or in the name of the

state under the provisions of the Oklahoma Department of Aerospace

and Aeronautics Act or other laws of the state relating to

aeronautics; nor shall any member of the Commission, or the

Director, or any officer or employee of the Department be required

to testify to any facts ascertained in, or information gained by

reason of, such person’s official capacity, or be required to

testify as an expert witness in any suit, action, or proceeding

involving any aircraft. Subject to the foregoing provisions, the

Department may in its discretion make available to appropriate

federal, state and municipal agencies information and material

developed in the course of its investigations and hearings.

K. 1. The Department is authorized to confer with or to hold

joint hearings with any agency of the United States in connection

with any matter arising under the Oklahoma Department of Aerospace
rovisions, the

Department may in its discretion make available to appropriate

federal, state and municipal agencies information and material

developed in the course of its investigations and hearings.

K. 1. The Department is authorized to confer with or to hold

joint hearings with any agency of the United States in connection

with any matter arising under the Oklahoma Department of Aerospace

and Aeronautics Act or relating to the sound development of

aerospace and aeronautics.

2. The Department is authorized to avail itself of the

cooperation, services, records, and facilities of the agencies of

the United States as fully as may be practicable in the

administration and enforcement of the Oklahoma Department of

Aerospace and Aeronautics Act. The Department shall furnish to the

agencies of the United States its cooperation, services, records,

and facilities, insofar as may be practicable.

3. The Department shall report to the appropriate agency of the

United States all accidents in aeronautics in this state of which it

is informed and shall, insofar as is practicable, preserve, protect,

and prevent the removal of the component parts of any aircraft

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involved in an accident being investigated by it until the federal

agency institutes an investigation.

L. The Department may organize and administer an aerospace

education program in cooperation with universities, colleges and

schools for the general public. The Department may also plan and

act jointly in a cooperative aviation research or high technology

program. As part of these programs, the Department may issue

aviation communication films and publications.

M. The Department shall administer an airport inspection

program for all public-use airports within this state. The

inspection program shall occur on a three-year cycle and shall be

administered by the Oklahoma Department of Aerospace and

Aeronautics. Airport owners, including individuals and

municipalities, shall provide access to airport facilities for

conducting the inspections. The Department shall provide a written

report to each public-use airport detailing the findings of such

inspections.