Okla. Stat. tit. 3, § 3-85v3

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 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 an aerospace and

aviation education program 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. This program shall be known and

may be cited as the “AeroSPACE Program” or “Aero Student Pathways

for Aerospace Careers and Education”. This program shall be a

partnership with primary, secondary, career technology, and higher

education providers to respond to the workforce needs of the

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aviation and aerospace industry by promoting and organizing quality

curriculum, enhanced classroom instruction, and research-based

educational programs. The AeroSPACE Program shall collaborate with

industry and act as the facilitator for the collection and sharing

of information, development and implementation of activities, and

the dissemination of resources concerning aerospace education with

the primary goal being to establish a common statewide strategy for

implementing aerospace educational curriculum initiatives to better

prepare students for an aviation and aerospace career. The Oklahoma

Aeronautics Commission may employ established program processes or

contract with other qualified entities to operate the AeroSPACE

Program. The Oklahoma Aeronautics Commission may accept funding

that includes, but is not limited to, donations, contractual

arrangements, in-kind services, federal or state appropriations, and

grants.

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 shall develop and adopt a five-year

Airport Construction Program on an annual basis which lists federal

and state funding that the Department has available for the

development of airport infrastructure. In addition, the Department

shall adopt a statewide airport system plan on a regular basis which

details the twenty-year planning horizon for publicly owned, public-

use airports and sets the service level, role, and functional

classification of airports within the Oklahoma Airport System. The

system plan will be made available to the public and shall serve as

the Department’s official document which guides the programming of

public funds for airport infrastructure. An airport must be

included in the system plan to be eligible for funding.
owned, public-

use airports and sets the service level, role, and functional

classification of airports within the Oklahoma Airport System. The

system plan will be made available to the public and shall serve as

the Department’s official document which guides the programming of

public funds for airport infrastructure. An airport must be

included in the system plan to be eligible for funding.

2. The development of the five-year Airport Construction

Program shall begin with supporting and achieving the goals laid out

in the statewide airport system plan and will be guided by the air

Oklahoma Statutes - Title 3. Aircraft and Airports Page 54

transportation needs and priorities of airports within the system.

The basic goals within the system plan include, but are not limited

to, airport safety, security, infrastructure preservation and

sustainment, economic enhancement, capacity, meeting Federal

Aviation Administration (FAA) or Department standards, and pro-

growth development.

3. The Department shall involve public input during the

development of the five-year Airport Construction Program each year

and coordinate and receive input from the airports within the

statewide airport system plan.

4. The Department shall set realistic project delivery

schedules across the five-year window of the Airport Construction

Program to maintain the integrity of the Program and to minimize air

transportation disruptions.

H. 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 or 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 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. A project must have been included in the five-year

Airport Construction Program and be at an airport that is included

in the most current version of the statewide airport system plan to

receive financial assistance.

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 or air navigation facility purposes. All federal monies

accepted under this section shall be accepted and transferred or

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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
orts Page 55

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.

I. 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 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 and air

navigation facilities. However, the Department shall not acquire or

take over any airport 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, 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

airports owned and operated by the Oklahoma Space Industry

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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

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 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
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 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 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 or air navigation facility;

or making available services to be furnished by the

Department or its agents at such airport 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, 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

might not have undertaken under subparagraph a of this

paragraph.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 57

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

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 H 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 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.

J. 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 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
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 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.

K. 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

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

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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.

L. 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.
thorized 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

involved in an accident being investigated by it until the federal

agency institutes an investigation.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 59

M. 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.

N. 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.