§ 2-102. Authority and purposes.
A. This chapter is enacted pursuant to the Osage Nation’s inherent sovereign powers and as specifically authorized by the Constitution and Bylaws of the Osage Nation ratified on March 11, 2006 (the “Constitution”), (Article IV, Section 1, entitled “Popular Sovereignty”; Article XIX, Section 1, entitled “Sovereign Immunity”; Article VI, Section 1, entitled “Legislative Power”; Section 12 entitled “Enactment of Laws”; and Section 15, entitled “Necessary Laws”).
B. The Osage Nation Congress finds that the regulation of persons engaged in trade and business on the Reservation is necessary to safeguard and promote the peace, safety, morals, and general welfare of the Nation.
C. The purposes of this chapter are to provide for economic development for the Osage Nation and its members by:
1. Providing the legal framework for organizing individually owned business entities under Osage Nation law in order to expand the private business sector on the Reservation; and
2. Authorizing the formation of Osage Nation owned business entities for managing the Nation’s business activities separate from the affairs of Osage Nation government, with the ability to enter into legally binding contracts and commercial relationships without the need for formal Osage Nation government action.
D. The power to regulate business conducted within the Reservation by all persons, Indian and non-Indian, is an inherent and an essential part of the authority of the Nation’s government. This chapter is enacted pursuant to the inherent sovereign tribal powers expressly outlined in Article II of the Osage Nation Constitution that recognizes the jurisdiction of the Nation to extend over all persons, subjects, property, and over all activities that occur within the territory of the Nation and over all Osage citizens, subjects, property, and activities outside such territory affecting the rights and laws of the Nation.
E. By the adoption of this Act, the Nation does not waive its sovereign immunity or consent to suit in any court, federal, tribal, or state, and neither the adoption of this Act, nor the incorporation of any LLC hereunder, shall be construed to be a waiver of the sovereign immunity of the Nation or a consent to suit against the Nation in any court. ONCA 08-02, eff. June 13, 2008.