{"data":{"id":"us-ok/okla.-stat.-tit.-3-3-85v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3, § 3-85v2","heading":"Powers and duties of Department","body":"A. The Oklahoma Department of Aerospace and Aeronautics and its\n\nDirector acting under its authority is empowered and directed to\n\nencourage, foster, and assist in the development of aerospace and\n\naeronautics in this state and to encourage the establishment of\n\nairports, vertiports, and air navigation facilities. It shall\n\ncooperate with and assist the federal government, the municipalities\n\nof this state, and other persons in the development of aerospace and\n\naeronautics, and shall seek to coordinate the aeronautical\n\nactivities of these bodies and persons. Municipalities are\n\nauthorized to cooperate with the Department in the development of\n\naeronautics and aeronautical facilities in this state.\n\nB. The Department may organize and administer a voluntary\n\nprogram of air-age education in cooperation with the schools,\n\ncolleges, and for the general public, and may prepare and conduct\n\nvoluntary flight clinics for airmen and issue such bulletins and\n\npublications as may be required.\n\nC. The Department shall assist in all aeronautical matters\n\nrelated to emergency management actions in conformance with federal\n\ndirections and with the Emergency Operations Plan of the state.\n\nD. The Department may establish air markers throughout the\n\nstate.\n\nE. The Department may purchase and install roadside signs\n\ndirecting highway traffic to airports, subject to approval of the\n\nState Transportation Commission.\n\nF. The Department shall:\n\n1. Draft and recommend necessary legislation to advance the\n\ninterests of the state in aerospace and aeronautics;\n\n2. Represent the state in aeronautical matters before federal\n\nagencies and other state agencies; and\n\n3. Participate as party plaintiff or defendant or as intervener\n\non behalf of the state or any municipality or citizen thereof in any\n\nproceeding which involves the interest of the state in aerospace or\n\naeronautics.\n\nG. 1. The Department may, insofar as is reasonably possible,\n\nmake available its engineering and other technical services to any\n\nmunicipality or person desiring them in connection with the\n\nplanning, acquisition, construction, improvement, maintenance, or\n\noperation of airports, vertiports, or air navigation facilities.\n\n2. The Department may render financial assistance by grant or\n\nloan or both to any municipality or municipalities acting jointly in\n\nthe planning, acquisition, construction, improvement, maintenance,\n\nor operation of an airport, vertiport, or air navigation facility\n\nowned or controlled, or to be owned or controlled, by such\n\nmunicipality or municipalities, out of appropriations or other\n\nmonies made available by the Legislature for such purposes. Such\n\nfinancial assistance may be furnished in connection with federal or\n\nother financial aid for the same purposes.\n\n3. The Department shall be designated as the agent of this\n\nstate or political subdivision of this state for the purpose of\n\napplying for, receiving, administering and disbursing federal funds\n\nand other public monies for the benefit of general aviation\n\nairports, except reliever airports, as may be available under\n\napplicable federal law or other laws. If requested by a political\n\nsubdivision, the Department may act as its or their agent in\n\ncontracting for and supervising such planning, acquisition,\n\nconstruction, improvement, maintenance, or operation; and all\n\npolitical subdivisions are authorized to designate the Department as\n\ntheir agent for the foregoing purposes. The Department, as\n\nprincipal on behalf of the state, may enter into any contracts with\n\nthe United States or with any person, which may be required in\n\nconnection with a grant or loan of federal monies for municipal\n\nairport, vertiport, or air navigation facility purposes. All\n\nfederal monies accepted under this section shall be accepted and\n\ntransferred or expended by the Department upon such terms and\no any contracts with\n\nthe United States or with any person, which may be required in\n\nconnection with a grant or loan of federal monies for municipal\n\nairport, vertiport, or air navigation facility purposes. All\n\nfederal monies accepted under this section shall be accepted and\n\ntransferred or expended by the Department upon such terms and\n\nconditions as are prescribed by the United States. All monies\n\nreceived by the Department pursuant to this section shall be\n\ndeposited in the Oklahoma Department of Aerospace and Aeronautics\n\nRevolving Fund in the State Treasury and shall be paid out by the\n\nDepartment in accordance with the terms and conditions of any\n\nagreement entered into under the provisions of this section.\n\nH. 1. The Department is authorized on behalf of and in the\n\nname of the state, out of appropriations and other monies made\n\navailable for such purposes, to plan, zone, establish, construct,\n\nenlarge, improve, maintain, equip, operate, regulate, protect, and\n\npolice airports, vertiports, and air navigation facilities, either\n\nwithin or without the state, including the construction,\n\ninstallation, equipping, maintenance, and operation at such airports\n\nof buildings and other facilities for the servicing of aircraft or\n\nfor the comfort and accommodation of air travelers. However, the\n\nregulatory authority shall not extend to any airman employed by, nor\n\nto any aeronautics facility or aircraft under the exclusive\n\npossession, operation, or control of, a person holding a certificate\n\nof public convenience and necessity issued by any agency of the\n\nUnited States to operate as a common carrier by air of persons\n\nand/or property in interstate commerce. For such purposes the\n\nDepartment may, by purchase, gift, devise, or lease, acquire\n\nproperty, real or personal, or any interest therein including\n\neasements in aeronautical hazards or land outside the boundaries of\n\nan airport or airport site, as are necessary to permit safe and\n\nefficient operation of the state airports or to permit the removal,\n\nelimination, obstruction-marking or obstruction-lighting of airport\n\nhazards, or to prevent the establishment of airport hazards. In\n\nlike manner the Department may acquire existing airports,\n\nvertiports, and air navigation facilities. However, the Department\n\nshall not acquire or take over any airport, vertiport, or air\n\nnavigation facility owned or controlled by a municipality of this or\n\nany other state without the consent of such municipality. The\n\nDepartment may, by sale, lease, or otherwise, dispose of any such\n\nproperty, airport, vertiport, air navigation facility, or portion\n\nthereof or interest therein. The disposal, by sale, lease, or\n\notherwise, shall be in accordance with the laws of this state\n\ngoverning the disposition of other property of the state, except\n\nthat, in the case of disposals to any municipality or state\n\ngovernment or the United States for aeronautical purposes incident\n\nthereto, the sale, lease, or other disposal may be effected in such\n\nmanner and upon such terms as the Department may deem in the best\n\ninterest of the state.\n\n2. All airports owned by the state shall be within the primary\n\njurisdiction of the Oklahoma Department of Aerospace and Aeronautics\n\nfor purposes of design, development, and operation; provided, that\n\nairports owned and operated by the Oklahoma Space Industry\n\nDevelopment Authority shall be exempt from such provisions, and\n\nduring the time of a national emergency, the Air National Guard\n\nshall be exempt from such provisions, and provided further, that any\n\nairport owned by the state may be leased by the Department to a\n\npublic or private agency, as it may deem fit.\n\n3. Nothing contained in the Oklahoma Department of Aerospace\n\nand Aeronautics Act shall be construed to limit any right, power, or\nsuch provisions, and\n\nduring the time of a national emergency, the Air National Guard\n\nshall be exempt from such provisions, and provided further, that any\n\nairport owned by the state may be leased by the Department to a\n\npublic or private agency, as it may deem fit.\n\n3. Nothing contained in the Oklahoma Department of Aerospace\n\nand Aeronautics Act shall be construed to limit any right, power, or\n\nauthority of the state or a municipality to regulate airport hazards\n\nby zoning.\n\n4. The Department may exercise any powers granted by this\n\nsection jointly with any municipalities or with the United States.\n\n5. a. In operating an airport, vertiport, or air navigation\n\nfacility owned or controlled by the state, the\n\nDepartment may enter into contracts, leases, and other\n\narrangements for a term not exceeding twenty-five (25)\n\nyears with any persons granting the privilege of using\n\nor improving such airport, vertiport, or air\n\nnavigation facility or any portion or facility thereof\n\nor space therein for commercial purposes; conferring\n\nthe privilege of supplying goods, commodities, things,\n\nservices, or facilities at such airport, vertiport, or\n\nair navigation facility; or making available services\n\nto be furnished by the Department or its agents at\n\nsuch airport, vertiport, or air navigation facility.\n\nIn each such case the Department may establish the\n\nterms and conditions and fix the charges, rentals, or\n\nfees for the privileges or services, which shall be\n\nreasonable and uniform for the same class of\n\nprivileges or services and shall be established with\n\ndue regard to the property and improvements used and\n\nthe expenses of operation to the state; provided, that\n\nin no case shall the public be deprived of its\n\nrightful, equal, and uniform use of the airport,\n\nvertiport, air navigation facility, or portion or\n\nfacility thereof.\n\nb. The Department may by contract, lease, or other\n\narrangement, upon a consideration fixed by it, grant\n\nto any qualified person for a term not to exceed\n\ntwenty-five (25) years the privilege of operating, as\n\nagent of the state or otherwise, any airport owned or\n\ncontrolled by the state; provided, that no such person\n\nshall be granted any authority to operate the airport\n\nother than as a public airport or to enter into any\n\ncontracts, leases, or other arrangements in connection\n\nwith the operation of the airport which the Department\n\nmight not have undertaken under subparagraph a of this\n\nparagraph.\n\nc. To enforce the payment of any charges for repairs to,\n\nor improvements, storage, or care of, any personal\n\nproperty made or furnished by the Department or its\n\nagents in connection with the operation of an airport,\n\nvertiport, or air navigation facility owned or\n\noperated by the state, the state shall have liens on\n\nsuch property, which shall be enforceable by the\n\nDepartment as provided by law.\n\n6. In accepting federal monies under this section, the\n\nDepartment shall have the same authority to enter into contracts on\n\nbehalf of the state as is granted to the Department under paragraph\n\n3 of subsection G of this section with respect to federal monies\n\naccepted on behalf of municipalities. All monies received by the\n\nDepartment pursuant to this section shall be deposited in the\n\nOklahoma Department of Aerospace and Aeronautics Revolving Fund in\n\nthe State Treasury and shall be paid out of the Department Fund in\n\naccordance with the terms and conditions of any agreement entered\n\ninto under the provisions of this section.\n\n7. The Department shall grant no exclusive right for the use of\n\nany airport, vertiport, or air navigation facility under its\n\njurisdiction. This shall not be construed to prevent the making of\n\ncontracts, leases, and other arrangements pursuant to paragraph 5 of\n\nthis subsection.\n\nI. The Department may enter into any contracts necessary to the\n\nexecution of the powers granted it by the Oklahoma Department of\ntment shall grant no exclusive right for the use of\n\nany airport, vertiport, or air navigation facility under its\n\njurisdiction. This shall not be construed to prevent the making of\n\ncontracts, leases, and other arrangements pursuant to paragraph 5 of\n\nthis subsection.\n\nI. The Department may enter into any contracts necessary to the\n\nexecution of the powers granted it by the Oklahoma Department of\n\nAerospace and Aeronautics Act. All contracts made by the\n\nDepartment, either as the agent of the state or as the agent of any\n\nmunicipality, shall be made pursuant to the laws of the state\n\ngoverning the making of like contracts. When the planning,\n\nacquisition, construction, improvement, maintenance, or operation of\n\nany airport, vertiport, or air navigation facility is financed\n\nwholly or partially with federal monies, the Department as agent of\n\nthe state or of any municipality may let contracts in the manner\n\nprescribed by the federal authorities acting under the laws of the\n\nUnited States and any rules or regulations made thereunder.\n\nJ. 1. The Commission, the Director, or any officer or employee\n\nof the Department designated by it shall have the power to hold\n\ninvestigations, inquiries, and hearings concerning matters covered\n\nby the provisions of the Oklahoma Department of Aerospace and\n\nAeronautics Act and the rules, regulations, and orders of the\n\nDepartment. Hearings shall be open to the public and shall be held\n\nupon such call or notice as the Commission shall deem advisable.\n\nEach member of the Commission, the Director, and every officer or\n\nemployee of the Department designated by it to hold any inquiry,\n\ninvestigation, or hearing shall have the power to administer oaths\n\nand affirmations, certify to all official acts, issue subpoenas, and\n\norder the attendance and testimony of witnesses and the production\n\nof papers, books, and documents. In case of the failure of any\n\nperson to comply with any subpoena or order issued under the\n\nauthority of this subsection, or on the refusal of any witness to\n\ntestify to any matters regarding which he may be lawfully\n\ninterrogated, it shall be the duty of the district court of any\n\ncounty or of the judge thereof, on application of the Department or\n\nits authorized representative, to compel obedience by proceedings\n\nfor contempt, as in the case of disobedience of the requirements of\n\na subpoena issued from such court or a refusal to testify therein.\n\n2. In order to facilitate the making of investigations by the\n\nDepartment in the interest of public safety and promotion of\n\naeronautics the public interest requires, and it is therefore\n\nprovided, that the reports of investigations or hearings, or any\n\npart thereof, shall not be admitted in evidence or used for any\n\npurpose in any suit, action, or proceeding growing out of any matter\n\nreferred to in the investigation, hearing, or report thereof, except\n\nin case of any suit, action, or proceeding, civil or criminal,\n\ninstituted by or in behalf of the Department or in the name of the\n\nstate under the provisions of the Oklahoma Department of Aerospace\n\nand Aeronautics Act or other laws of the state relating to\n\naeronautics; nor shall any member of the Commission, or the\n\nDirector, or any officer or employee of the Department be required\n\nto testify to any facts ascertained in, or information gained by\n\nreason of, such person’s official capacity, or be required to\n\ntestify as an expert witness in any suit, action, or proceeding\n\ninvolving any aircraft. Subject to the foregoing provisions, the\n\nDepartment may in its discretion make available to appropriate\n\nfederal, state and municipal agencies information and material\n\ndeveloped in the course of its investigations and hearings.\n\nK. 1. The Department is authorized to confer with or to hold\n\njoint hearings with any agency of the United States in connection\n\nwith any matter arising under the Oklahoma Department of Aerospace\nrovisions, the\n\nDepartment may in its discretion make available to appropriate\n\nfederal, state and municipal agencies information and material\n\ndeveloped in the course of its investigations and hearings.\n\nK. 1. The Department is authorized to confer with or to hold\n\njoint hearings with any agency of the United States in connection\n\nwith any matter arising under the Oklahoma Department of Aerospace\n\nand Aeronautics Act or relating to the sound development of\n\naerospace and aeronautics.\n\n2. The Department is authorized to avail itself of the\n\ncooperation, services, records, and facilities of the agencies of\n\nthe United States as fully as may be practicable in the\n\nadministration and enforcement of the Oklahoma Department of\n\nAerospace and Aeronautics Act. The Department shall furnish to the\n\nagencies of the United States its cooperation, services, records,\n\nand facilities, insofar as may be practicable.\n\n3. The Department shall report to the appropriate agency of the\n\nUnited States all accidents in aeronautics in this state of which it\n\nis informed and shall, insofar as is practicable, preserve, protect,\n\nand prevent the removal of the component parts of any aircraft\n\ninvolved in an accident being investigated by it until the federal\n\nagency institutes an investigation.\n\nL. The Department may organize and administer an aerospace\n\neducation program in cooperation with universities, colleges and\n\nschools for the general public. The Department may also plan and\n\nact jointly in a cooperative aviation research or high technology\n\nprogram. As part of these programs, the Department may issue\n\naviation communication films and publications.\n\nM. The Department shall administer an airport inspection\n\nprogram for all public-use airports within this state. The\n\ninspection program shall occur on a three-year cycle and shall be\n\nadministered by the Oklahoma Department of Aerospace and\n\nAeronautics. Airport owners, including individuals and\n\nmunicipalities, shall provide access to airport facilities for\n\nconducting the inspections. The Department shall provide a written\n\nreport to each public-use airport detailing the findings of such\n\ninspections.","path":["OK Code","Title 3"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os3.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ba3570c20020973e4c11604f09b227ce3d018d92acd70def289f0022bf9b68c3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3-3-85v1","next":"us-ok/okla.-stat.-tit.-3-3-85v3"},"notice":"GroundRules: Original legal text. Not legal advice."}