459.340 - Title to site for disposal and by-products to be transferred to United States or this State before termination of production.
459.340 Title to site for disposal and by-products to be transferred to United States or this State before termination of production.
1. Before the termination of activity licensed under NRS 459.330, title to any disposal site and to the by-product material which resulted from the activity, including any interests therein other than land:
(a) Held in trust by the United States for any Indian tribe;
(b) Owned by an Indian tribe subject to a restriction against alienation imposed by the United States; or
(c) Owned by the United States or by the State of Nevada which is used for the disposal of by-product material,
Ê must be transferred to the United States or to the State of Nevada unless the Nuclear Regulatory Commission or its successor agency determines, before the termination of the activity, that transfer of title is not necessary to protect the public health, safety or welfare of the persons of the State or to minimize any danger to life or property.
2. If title is transferred to the State of Nevada, the State Land Registrar shall assign the land for administration to the State Board of Health, which shall maintain the by-product material and land in such a manner as will protect the public health and safety, and the environment.
3. The State Board of Health may periodically examine, treat and rehabilitate the land containing by-product material which has been placed in its custody.
4. The transfer of title does not relieve any licensee of liability for any fraudulent or negligent acts done before the transfer.
5. Except for costs of administration and the legal fees of the transferee, the by-product material and land transferred to the United States or to the State of Nevada must be transferred without cost to the transferee.
(Added to NRS by 1981, 902)