---
kind: "section"
citation: "40 C.F.R. § 35.6400"
title: "40"
number: "35.6400"
heading: "Acquisition and transfer of interest."
url: "https://uscodex.org/cfr/40/35.6400"
---

# §35.6400. Acquisition and transfer of interest.

- (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)](/cfr/40/300.510.md?p=f) of the NCP. States must follow the requirements in [§ 35.6105(b)(5)](/cfr/40/35.6105.md?p=b-5).
- (b) The recipient must comply with applicable Federal regulations for real property acquisition under assistance agreements contained in [part 4](/cfr/40/part4.md) of this chapter, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.”

## Notes

### Authority

Authority: 42 U.S.C. 9601 et seq.

### Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.