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§ 162.006 - To what types of land use agreements does this part apply?

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This part applies to leases of Indian land entered into under 25 U.S.C. 380, 25 U.S.C. 415(a), and 25 U.S.C. 4211, and other tribe-specific statutes authorizing surface leases of Indian land with our approval.

This part does not apply to:

Land use agreements entered into under other statutory authority, such as the following:

Leases of water rights associated with Indian land, except to the extent the use of water rights is incorporated in a lease of the land itself.

The following leases, which do not require our approval, except that you must record these leases in accordance with §§ 162.343, 162.443, and 162.568:

A lease of tribal land by a 25 U.S.C. 477 corporate entity under its charter to a third party for a period not to exceed 25 years; and

A lease of Indian land under a special act of Congress authorizing leasing without our approval.

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