                                 CODE OF VIRGINIA

FURTHER POWERS OF BOARD (§ 32.1-230)

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

1. 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 Board as constituting necessary,
desirable or acceptable sites for ionizing radiation control projects of the
Board, including any and all lands adjacent to a project site as in the
discretion of the Board may be necessary or suitable for restricted areas; but
in all instances lands which 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 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 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
materials 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 Board
may collect fees from private or public parties holding radioactive materials
for perpetual custodial purposes in order to finance such perpetual custody and
maintenance as the Board may undertake; provided, that 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 are hereby appropriated for
such purpose.

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
for development of atomic energy resources or used as custodial sites for
radioactive material.

HISTORY: Code 1950, § 32-414.4; 1964, c. 158; 1968, c. 314; 1975, c. 563; 1979,
c. 711.