{"data":{"id":"us-ok/okla.-stat.-tit.-66-66-304v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 66, § 66-304v1","heading":"Powers and duties","body":"A. The Department of Transportation is hereby authorized and\n\nempowered:\n\n1. To acquire, construct, reconstruct, repair, replace,\n\noperate, and maintain railroad rights-of-way and trackage projects\n\nat such locations and on such routes as it shall determine to be\n\nfeasible and economically sound;\n\n2. To enter into agreements with the owners of operating\n\nrailroads for the acquisition or use of railroad rights-of-way and\n\ntrackage on such terms, conditions, rates, or rentals as the\n\nDepartment may consider to be in the best interests of the state;\n\n3. To enter directly into agreements with owners of operating\n\nrailroads or persons intending to operate as common carriers by rail\n\nto sell, lease, or sell by lease-purchase agreement any state-owned\n\nrailroad property on such terms, conditions, or amounts as the\n\nDepartment may consider to be in the best interests of the state and\n\nto promote the purposes of the Railroad Revitalization Act. If the\n\noperator under a lease-purchase agreement exercises the purchase\n\noption, the purchase shall be subject to the approval of the\n\nTransportation Commission;\n\n4. Prior to the sale of any railroad asset owned by this state\n\nor the Department of Transportation, a process of request for\n\nproposal shall be initiated by the Department of Transportation.\n\nUpon the issue date of a request for proposal regarding the sale of\n\nany railroad asset owned by this state or the Department of\n\nTransportation, interested parties will have no less than one\n\nhundred twenty (120) days to provide a response. Following the\n\nclose of the one-hundred-twenty-day response period, the Department\n\nof Transportation will conduct an evaluation of all submitted\n\nproposals, and the Department may conduct an economic impact or\n\nactivity study of all proposals. The Director of the Department of\n\nTransportation shall be responsible for preparing a recommendation\n\nto the Transportation Commission, based on its evaluation of all\n\nsubmitted proposals including, if available, the results of an\n\neconomic impact or activity study, provided the recommendation meets\n\nall other statutory requirements needed for action by the\n\nCommission. The Director shall have up to ninety (90) days, upon\n\nthe closing date of the request for proposal, to present his or her\n\nrecommendation to the Transportation Commission. The Transportation\n\nCommission will be responsible for determining if the sale of\n\nrailroad assets within its jurisdiction is in the best interests of\n\nthis state and for authorizing the sale of such assets. All\n\nproceeds from the sale shall be deposited into the Oklahoma Railroad\n\nMaintenance Revolving Fund;\n\n5. To acquire and hold real or personal property in the\n\nexercise of its powers for the performance of its duties as\n\nauthorized by Section 302.1 et seq. of this title. Surplus property\n\nmay be disposed of by the Department;\n\n6. To acquire in the name of the Department, by purchase or\n\notherwise on such terms and conditions and in such manner as it may\n\ndeem proper, or by exercise of the right of condemnation, such\n\npublic or private lands and personalty, including public parks,\n\nplaygrounds, or reservations, or parts thereof or rights therein,\n\nrights-of-way, trackage, property, rights, easements, and interests\n\nas it may deem necessary for carrying out the provisions of the\n\nRailroad Revitalization Act;\n\n7. To make and enter into all contracts and agreements\n\nnecessary or incidental to the performance of its duties and the\n\nexecution of its powers under the Railroad Revitalization Act, and\n\nto employ rail planning and management consultants, consulting\n\nengineers, attorneys, accountants, construction and financial\n\nconsultants, superintendents, managers, and such other employees and\n\nagents as may be necessary in its judgment, and to fix their\n\ncompensation; provided, that all such expenses shall be payable\n\nsolely from funds made available under and pursuant to the\nization Act, and\n\nto employ rail planning and management consultants, consulting\n\nengineers, attorneys, accountants, construction and financial\n\nconsultants, superintendents, managers, and such other employees and\n\nagents as may be necessary in its judgment, and to fix their\n\ncompensation; provided, that all such expenses shall be payable\n\nsolely from funds made available under and pursuant to the\n\nprovisions of the Railroad Revitalization Act or from revenues;\n\nprovided further, no attorney employed by the Department, nor any\n\nmember of any law firm of which the member may be connected, shall\n\never be paid any fee or compensation for any special or\n\nextraordinary services;\n\n8. To receive, accept, and expend funds from the state, any\n\nfederal agency, or from private sources, for rail planning and for\n\nadministration of railroad assistance projects, and for or in aid of\n\nthe acquisition, construction, reconstruction, replacement, repair,\n\nmaintenance, and operation of railroad rights-of-way and trackage\n\nand for rail service continuation payments to railroad companies for\n\noperating losses sustained by reasons of continuing service on a\n\nline which may otherwise be abandoned or which may experience a\n\nreduced level of service not in the public interest, where such\n\ncontinuation of service is carried out under a written agreement\n\nwith the Department establishing the terms and conditions for such\n\npayments, and to receive and accept funds, aid or contributions from\n\nany source of either money, property, labor, or other things of\n\nvalue, to be held, used, and applied only for the purposes for which\n\nsuch funds, aid, or contributions may be made;\n\n9. To adopt such rules and to do any and all things necessary\n\nto comply with rules, regulations, or requirements of the United\n\nStates Department of Transportation, any successor thereof, the\n\nSurface Transportation Board or any federal agency administering any\n\nlaw enacted by the United States Congress or having funds available\n\nfor the purpose of the Department that are not inconsistent with or\n\ncontrary to the prohibitions and restrictions of Oklahoma law or\n\npublic interest;\n\n10. To expend, not to exceed twenty percent (20%) of the funds\n\navailable in the Oklahoma Railroad Maintenance Revolving Fund during\n\nany one (1) year, at locations approved by the Corporation\n\nCommission, such Oklahoma Railroad Maintenance Revolving Fund monies\n\nas may be budgeted by the Department of Transportation for the\n\npurposes of installing signal lights, gate arms, or other active\n\nwarning devices where any public road, street, or highway crosses a\n\nrailroad right-of-way; provided, however, nothing in the Railroad\n\nRevitalization Act shall negate, change, or otherwise modify any\n\nexisting statutory or common law duty of a railroad company;\n\n11. To expend income and funds from the Oklahoma Railroad\n\nMaintenance Revolving Fund in the exercise of any or all of the\n\nforegoing powers; and\n\n12. To do all things necessary or convenient to carry out the\n\npowers expressly granted in Section 302.1 et seq. of this title.\n\nB. It shall be unlawful for any member, officer, or employee of\n\nthe Department to transact with the Department, either directly or\n\nindirectly, any business for profit of such member, officer, or\n\nemployee; and any person, firm, or corporation knowingly\n\nparticipating therein shall be equally liable for a violation of\n\nthis provision.\n\nThe term “business for profit” shall include, but not be limited\n\nto, the acceptance or payment of any fee, commission, gift, or\n\nconsideration to such member, officer, or employee.\n\nViolation of this provision shall constitute a felony and upon\n\nconviction shall be punishable by incarceration in the Oklahoma\n\nState Penitentiary for a term not to exceed five (5) years or by a\n\nfine not less than Five Hundred Dollars ($500.00) and not more than\n\nFive Thousand Dollars ($5,000.00), or by both such imprisonment and\non, gift, or\n\nconsideration to such member, officer, or employee.\n\nViolation of this provision shall constitute a felony and upon\n\nconviction shall be punishable by incarceration in the Oklahoma\n\nState Penitentiary for a term not to exceed five (5) years or by a\n\nfine not less than Five Hundred Dollars ($500.00) and not more than\n\nFive Thousand Dollars ($5,000.00), or by both such imprisonment and\n\nfine.\n\nC. All meetings of the Department shall be open public\n\nmeetings, and all records shall be public records, except when\n\nconsidering personnel.","path":["OK Code","Title 66"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os66.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1153684617840969c48aea75909eabafc18b4155dc45d71d3deb3afee163a3af","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-66-66-304.1","next":"us-ok/okla.-stat.-tit.-66-66-304v2"},"notice":"GroundRules: Original legal text. Not legal advice."}