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.
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: 81 FR 29788, May 13, 2016, unless otherwise noted.
cite as: 43 CFR 47.40