Understanding the Aerospace and Defense Development Act
Hello, I’m Oklahoma City business law attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we are going to be talking about entities or other parties that are not affected by the Aerospace and Defense Development Act of 2013. As I discussed in an earlier video, that Act involves three specific agencies working together for the purpose of helping Oklahoma and all individuals within the state. However, there could be concern that all types of individuals and entities would be required to follow the rules and regulations established by this Development Act.
Clarifying the Provisions Not Mandatory
There is a specific statute entitled Provisions Not Mandatory, found in Title III, Section 88, that addresses this concern. It’s fairly short, so I’ll go ahead and read it to you directly:
No provision of this act—meaning the Aerospace and Defense Development Act of 2013—is mandatory upon any city or town in Oklahoma or the governing body thereof in the acquisition, improvement, construction, operation, or maintenance of any municipally owned airport or air navigation facility.
Nor shall any provision of this act prevent or take away from any city or town governing board the authority to deal directly with any agency of the federal government in the matching of any funds made available by the federal government for acquisition, improvement, construction, operation, or maintenance of any municipally owned airport or air navigation facility.
In previous videos, I’ve discussed how municipalities—or municipal corporations, so to speak—are empowered to lease, acquire, and operate airports and other aeronautical facilities. What this statute clarifies is that the Development Act does not place any new mandatory constraints on municipalities. They retain full authority to pursue these actions independently and may still deal directly with federal agencies as needed.
So again, this provision is meant to assure municipalities that they are not restricted or limited by the Development Act in how they manage or develop local aviation infrastructure.
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