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In this Act:

A. Assignment” means an agreement between a lessee and an assignee by which the assignee acquires all or some of the lessee’s rights and assumes all or some of the lessee’s obligations under a lease;

B. Best interest” means the balancing of interests in order to attain the highest economic income, provide incentives to increase economic development, preserve and enhance the value of Osage Nation land, increase employment and jobs on Osage Nation land, and preserve the sovereignty of the Osage Nation;

C. BIA” means the Bureau of Indian Affairs, U.S. Department of the Interior;

D. Business purpose” means:

1. Commercial or industrial uses, including but not limited to any single or multi-purpose uses, such as retail, office, manufacturing, storage, energy production (including biomass and waste-to-energy but not including oil and gas production); and

2. For the purposes of this Act, religious, educational, recreational, cultural, and other public uses;

E. Development period” means the time period beginning when a lease is executed and lasting until improvements are expected to be substantially completed;

F. Director” means the Director of the Osage Nation Tribal Development Department or any successor agency, which Director is authorized by the Osage Nation to make leasing decisions and to review, approve or disapprove, record, supervise and otherwise manage leases and leasing transactions as described in this Act, to the extent described in this Act and in compliance with Osage law;

G. Environmental review process” means the process for conducting an environmental review to assess whether and to what extent a proposed development or project under a lease will have a positive or negative significant effect on the environment;

H. Environmental reviewer” means an employee or agent of the Osage Nation, designated by the Director of the Department of Environmental and Natural Resources of the Osage Nation or any successor agency to perform the environmental review process;

I. Fair market rental” means the amount of rental income that a leased parcel of restricted or trust land would likely command in an open and competitive market, or as determined by competitive bidding, and reflecting all of the conditions and restrictions of the particular leasing agreement, as well as all the revenues likely to be generated for the Osage Nation;

J. Lease” means a written agreement between the Osage Nation and lessee by which lessee is granted the right to possess the surface estate of a parcel of tribal land for a business purpose and a duration or term that is authorized by this Act, and under specified conditions;

K. Leasing decision” means a decision of the Director resulting from a review of leasing documents;

L. Leasing documents” mean leases, subleases, space leases, assignments, and leasehold mortgages; and amendments thereto; terminations, cancellations, and renewals thereof;

M. Lessee” means a person or entity who has acquired a lease and certain occupancy rights pursuant to this Act;

N. Leasehold mortgage” means a mortgage, deed of trust, or other instrument that pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the lessee to a lender or other mortgagee, and must be approved in writing by the Osage Nation Congress or its designee;

O. Lessor” means the Osage Nation;

P. Project” means any economic development activity occurring on tribal land of the Osage Nation pursuant to the terms of a lease or sublease for a business purpose as defined in this section;

Q. Public” means, in the context of the environmental review process, Osage Nation members, individuals who live or work within Osage Nation jurisdiction, business entities or institutions that operate programs or conduct activities at the location of or on land adjacent to a project, and other persons who have a definable interest that reasonably may be affected by a proposed project or lease, and living or working within the jurisdiction of the Osage Nation;

R. Restricted land” means any tract of land owned by the Osage Nation and subject to federal restrictions against alienation;

S. Significant effect on the environment” means a substantial or potentially substantial change in the environment, including land, air, water, minerals, flora, fauna, ambient noise, cultural areas and objects of historic, cultural, or aesthetic significance;

T. Space lease” means a rental of space within an existing facility on land that is subject to a lease;

U. Sublease” means a written agreement by which a lessee grants to another the right to possession of property covered by a lease, which right may be no greater than that held by the lessee;

V. Tribal land” means the surface estate of any tract of land, which estate is owned by Osage Nation in trust or restricted status, and includes such lands reserved for BIA administrative purposes; and

W. Trust land” means any tract of land owned by the United States and held in trust for the benefit of the Osage Nation. ONCA 17-01, eff. Dec. 9, 2016.