                                 CODE OF VIRGINIA

FURTHER POWERS OF BOARD (§ 10.1-1432)

The Board shall have the power, subject to the approval of the Governor:

1. To acquire by purchase, exercise the right of eminent domain as provided in
Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1 grant, gift, devise or
otherwise, the fee simple title to or any acceptable lesser interest in any
lands, selected in the discretion of the Board as constituting necessary,
desirable or acceptable sites for low-level radioactive waste management,
including lands adjacent to a project site as in the discretion of the Board may
be necessary or suitable for restricted areas. In all instances lands that are
to be designated as radioactive waste material sites shall be acquired in fee
simple absolute and dedicated in perpetuity to such purpose;

2. To convey or lease, for such term as in the discretion of the Board 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 if the grantee or lessee ceases to use the premises or
facilities in the conduct of business or activities consistent with the purposes
of this article. However, radioactive waste material sites may be leased but may
not otherwise be disposed of except to another department, agency or institution
of the Commonwealth or to the United States;

3. To assume responsibility for perpetual custody and maintenance of radioactive
waste held for custodial purposes at any publicly or privately operated facility
located within the Commonwealth if 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 Board may collect fees
from private or public parties holding radioactive waste for perpetual custodial
purposes in order to finance such perpetual custody and maintenance as the Board
may undertake. The fees shall be sufficient in each individual case to defray
the estimated cost of the Board&#8217;s custodial management activities for that
individual case. All such fees, when received by the Board, shall be credited to
a special fund of the Department, shall be used exclusively for maintenance
costs or for otherwise satisfying custodial and maintenance obligations; and

4. 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
as custodial sites for radioactive waste.

HISTORY: 1986, c. 492, § 10-285; 1988, c. 891; 2003, c. 940.