A. A public purpose corporation shall be created (1) under Osage Nation law by legislation or a joint action resolution of Congress approved by the Principal Chief; (2) for a public purpose; (3) to have the Nation as its sole member or be without members and be governed by a Board of Directors, the majority of whom are appointed by the Nation’s Principal Chief and Congress; (4) with the intent that it share and enjoy the Nation’s privileges and immunities as a federally recognized Tribe, including sovereign immunity; and (5) with the expectation that it will have a close financial relationship with the Nation with respect to funding through appropriations and the attraction of other funding sources. Therefore, although a separate entity governed and managed separately from the Nation’s government, a public purpose corporation shall be considered and function as an arm of the Nation and be entitled to enjoy the Nation’s privileges and immunities, including sovereign immunity for itself and its directors, officers and employees in federal, state and tribal courts and immunity from federal, state and local taxation and regulation.

B. Notwithstanding subsection (A) of this section, (1) a public purpose corporation’s sovereign and other privileges and immunities may be expressly limited as provided in its articles of incorporation, and (2) the public purpose corporation may specifically grant limited waivers of its immunity from suit and consent to be sued in Osage Nation Court or another court of competent jurisdiction pursuant to a resolution adopted by its Board of Directors; provided, however, that:

C. The sovereign immunity of the public purpose corporation shall not extend to actions against the public purpose corporation by the Nation acting as member, funding source or on any other capacity. ONCA 21-27, eff. Apr. 6, 2021.