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A. A lease shall require lessee to exercise due diligence and best efforts to complete construction of any improvements within the schedule specified in the lease.

B. Lessee, at lessee’s expense or as otherwise provided in the lease, may construct improvements under a lease if the lease specifies, or provides for, the development of:

1. A plan that describes the type and location of any improvements to be built by lessee; and

2. A general schedule for construction of the improvements.

C. Lessee shall provide the Director written justification as to the nature of any delay, the anticipated date of construction of the improvements, and evidence of progress toward commencement of construction.

D. When requested by the Director or otherwise required in the lease, lessee shall provide to the Director, in writing, an updated schedule for construction.

E. Failure of lessee to comply with these requirements will be deemed a violation of the lease and may lead to cancellation or termination of the lease pursuant to this Act.

F. Upon cancellation or termination of a lease, improvements to the premises shall become the property of the Osage Nation unless otherwise provided for in the lease. If improvements are permitted or required to be removed, the lease may specify the maximum time allowed for such removal.

G. If specified in a lease, a lessee may develop equity value in the improvements and sell its interest in the improvements based on such value; provided, that the Osage Nation is given a right of first refusal to purchase such interest.

H. A lease may provide that, at its expiration, lessor may purchase improvements to the premises at fair market value.

I. Unless allowed or required by applicable law, no fee, tax, assessment, levy or charge imposed by a state or political subdivision shall apply to permanent improvements, activities under a lease, or leasehold or possessory interests on tribal lands; provided, that the Osage Nation may impose its own taxes or other charges on the same. ONCA 17-01, eff. Dec. 9, 2016.