---
kind: "section"
citation: "43 C.F.R. § 47.40"
title: "43"
number: "47.40"
heading: "How must properties be described?"
url: "https://uscodex.org/cfr/43/47.40"
---

# §47.40. How must properties be described?


The description of properties involved in a land exchange must be either:

- (a) Based upon a survey completed in accordance with the Public Land Survey System laws and standards of the United States; or
- (b) If Public Land Survey System laws and standards cannot be applied, based upon a survey that both:
  - (1) Uses other means prescribed or allowed by applicable law; and
  - (2) **Clearly describes the property and allows it to be easily located.**

## Notes

### Authority

Authority: State of Hawai'i Admission Act, 73 Stat. 4, approved March 18, 1959; Hawaiian Homes Commission Act, 1920, as amended, Act of July 9, 1921, 42 Stat. 108; Hawaiian Home Lands Recovery Act, 1995, 109 Stat. 537, 5 U.S.C. 301; 25 U.S.C. 2 and 9; 43 U.S.C. 1457; 112 Departmental Manual 28.

### Source

Source: 81 FR 29788, May 13, 2016, unless otherwise noted.