Code of Federal Regulations · Section
§ 162.006 — To What Types Of Land Use Agreements Does This Part Apply?
25 C.F.R. § 162.006
(a) 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.
(b) This part does not apply to:
(1) Land use agreements entered into under other statutory authority, such as the following:
(2) 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.
(3) 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:
(i) 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
(ii) A lease of Indian land under a special act of Congress authorizing leasing without our approval.
Authorizing Statute
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Departmental regulations5 U.S.C. § 301
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Records management by agency heads; general duties44 U.S.C. § 3101
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Duties of Commissioner25 U.S.C. § 2
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Lease of inherited allotments by superintendent25 U.S.C. § 380
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Leases of restricted lands25 U.S.C. § 415
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Transferred25 U.S.C. § 477