§ 3-101. Community gardening.
A. Definitions. As used in this section, the following definitions shall apply:
1. “Community garden” means a piece of real property, either on vacant public land or on private land approved by the owner for this purpose, cultivated by Osage Nation members and/or residents, for the purpose of providing any or all for the use of Osage Nation members and/or residents:
a. Vegetables, nuts, herbs, fruit, or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees; or
b. Honey and honey byproducts, through the placement and use of beehives.
2. “Use” means, when applied to gardening and beekeeping, to make use of without conveyance of title or any other ownership.
3. “Vacant public land” means any land owned in fee by the Osage Nation that is not in use for public purposes.
B. This Act allows and encourages the use of vacant public land for community gardening under terms and conditions established herein and by tribal regulations developed by the Osage Nation Environmental and Natural Resources Department pursuant to Section 3-101 et seq. of Title 13, as amended. These tribal regulations may include, in addition to other requirements:
1. A requirement for a permit for which a reasonable permit fee may be charged;
2. A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper cleanup of the community garden after harvest is completed;
3. A requirement that the permittee accept liability for any injury or damage resulting from use of vacant public land for community gardening; and
4. A requirement that the permittee indemnify and hold harmless the Osage Nation government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land.
C. Any owner of private land, including, but not limited to, individuals, corporations, partnerships, sole proprietorships, homeowner associations, condominium associations and other private property owners may make available to the Osage Nation parcels of land for community gardening under terms and conditions agreed upon between the Osage Nation and the owner.
D. Community gardens located on private property and operated without the intervention of the Osage Nation government are not subject to the permitting, security, insurance and indemnification requirements authorized herein, but these and other provisions may be agreed upon by the parties. Community gardens located on private property shall comply with applicable Osage Nation, state, or other local regulations relative to nuisances, property maintenance and the health, safety and welfare of the public. ONCA 20-28, eff. Apr. 27, 2020.