(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:
| This part does not apply to . . . | which are covered by . . . |
|---|---|
| (i) Contracts or agreements that encumber tribal land under 25 U.S.C. 81 | 25 CFR part 84. |
| (ii) Traders' licenses | 25 CFR part 140. |
| (iii) Timber contracts | 25 CFR part 163. |
| (iv) Grazing permits | 25 CFR part 166. |
| (v) Rights-of-way | 25 CFR part 169. |
| (vi) Mineral leases, prospecting permits, or mineral development agreements | 25 CFR parts 211, 212, 213, 225, 226, 227. |
| (vii) Tribal land assignments and similar instruments authorizing uses of tribal land | tribal laws. |
(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.
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