40 CFR 35.6400
§ 35.6400 Acquisition and transfer of interest.
United States · 40 CFR — Protection of Environment · Status: effective
Cite this
- Citation
- 40 CFR 35.6400, § 35.6400 Acquisition and transfer of interest, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/168974
- Permanent ID
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Full text
(a) An interest in real property may be acquired only with prior approval of EPA.
(1) If the recipient acquires real property in order to conduct the response, the recipient with jurisdiction over the property must agree to hold the necessary property interest.
(2) If it is necessary for the Federal Government to acquire the interest in real estate to permit conduct of a remedial action, the acquisition may be made only if the State provides assurance that it will accept transfer of the acquired interest in accordance with 40 CFR 300.510(f) of the NCP. States must follow the requirements in § 35.6105(b)(5).
(b) The recipient must comply with applicable Federal regulations for real property acquisition under assistance agreements contained in part 4 of this chapter, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.”
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.