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TITLE 40 - PROTECTION OF ENVIRONMENT
CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER B - GRANTS AND OTHER FEDERAL ASSISTANCE
PART 35 - STATE AND LOCAL ASSISTANCE
subpart e - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS - CLEAN WATER ACT
35.935 - 3 - Property.
(a) The grantee must comply with the property provisions of 30.810 et seq. of this subchapter with respect to all property (real and personal) acquired with project funds.
(b) With respect to real property (including easements) acquired in connection with the project, whether such property is acquired with or in anticipation of EPA grant assistance or solely with funds furnished by the grantee or others: (1) The acquisition must be conducted in accordance with part 4 of this chapter; (2) Any displacement of a person by or as a result of any acquisition of the real property shall be conducted under the applicable provisions of part 4 of this chapter; and (3) The grantee must obtain (before initiation of step 3 construction), and must thereafter retain, a fee simple or such estate or interest in the site of a step 3 project, and rights of access, as the Regional Administrator finds sufficient to assure undisturbed use and possession for the purpose of construction and operation for the estimated life of the project. If a step 3 project serves more than one municipality, the grantee must insure that the participating municipalities have, or will have before the initiation of step 3 construction, such interests or rights in land as the Regional Administrator finds sufficient to assure their undisturbed utilization of the project site for the estimated life of the project.
(c) With respect to real property acquired with EPA grant assistance, the grantee must defer acquisition of such property until approval of the Regional Administrator is obtained under 35.9403.
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