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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79795</law_id><section_number>32.1-230</section_number><catch_line>Further powers of Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="32.1">Health</unit><unit label="chapter" level="2" order_by="1" identifier="6">Environmental Health Services</unit><unit label="article" level="3" order_by="1" identifier="8">Radiation Control</unit></structure><text>
						<section><p>The <span class="dictionary">Board</span> shall have the power, subject to the approval of the Governor:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> To acquire by purchase, exercise of the right of eminent domain, grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the <span class="dictionary">Board</span> as constituting necessary, desirable or acceptable sites for <span class="dictionary">ionizing radiation</span> control projects of the <span class="dictionary">Board</span>, including any and all lands adjacent to a project site as in the discretion of the <span class="dictionary">Board</span> may be necessary or suitable for restricted areas; but in all instances lands which are to be designated as radioactive waste <span class="dictionary">material</span> sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose. <a id="paragraph-285880" class="section-permalink" href="https://vacode.org/32.1-230/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> To convey or lease, for such term as in the discretion of the <span class="dictionary">Board</span> may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease in the event the grantee or lessee, as the case may be, shall cease to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article; provided, however, radioactive waste <span class="dictionary">material</span> sites may be leased but may not otherwise be disposed of except to another <span class="dictionary">department</span>, agency or institution of the Commonwealth or to the United States. <a id="paragraph-285881" class="section-permalink" href="https://vacode.org/32.1-230/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> To assume responsibility for perpetual <span class="dictionary">custody</span> and maintenance of <span class="dictionary">radioactive materials</span> held for custodial purposes at any publicly or privately operated facility located within the Commonwealth in the event the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the <span class="dictionary">Board</span> may collect fees from private or public parties holding <span class="dictionary">radioactive materials</span> for perpetual custodial purposes in <span class="dictionary">order</span> to finance such perpetual <span class="dictionary">custody</span> and maintenance as the <span class="dictionary">Board</span> may undertake; provided, that the fees shall be sufficient in each individual case to defray the estimated cost of the <span class="dictionary">Board</span>&#x2019;s custodial management activities for that individual case. All such fees, when received by the <span class="dictionary">Board</span>, shall be credited to a special fund of the <span class="dictionary">Department</span>, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations and are hereby appropriated for such purpose. <a id="paragraph-285882" class="section-permalink" href="https://vacode.org/32.1-230/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> To enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used for development of atomic energy resources or used as custodial sites for <span class="dictionary">radioactive material</span>. <a id="paragraph-285883" class="section-permalink" href="https://vacode.org/32.1-230/#4"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 32-414.4; 1964, c. 158; 1968, c. 314; 1975, c. 563; 1979, c. 711.</history><metadata></metadata></law>
