32.1-230 - Further powers of Board.
§ 32.1-230. Further powers of Board.
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 lesserinterest in any lands, selected in the discretion of the Board asconstituting necessary, desirable or acceptable sites for ionizing radiationcontrol projects of the Board, including any and all lands adjacent to aproject site as in the discretion of the Board may be necessary or suitablefor restricted areas; but in all instances lands which are to be designatedas radioactive waste material sites shall be acquired in fee simple absoluteand dedicated in perpetuity to such purpose.
2. To convey or lease, for such term as in the discretion of the Board may bein the public interest, any lands so acquired, either for a fair andreasonable consideration or solely or partly as an inducement to theestablishment or location in the Commonwealth of any scientific ortechnological facility, project, satellite project or nuclear storage area;but subject to such restraints as may be deemed proper to bring about areversion of title or termination of any lease in the event the grantee orlessee, as the case may be, shall cease to use the premises or facilities inthe conduct of business or activities consistent with the purposes of thisarticle; provided, however, radioactive waste material sites may be leasedbut may not otherwise be disposed of except to another department, agency orinstitution of the Commonwealth or to the United States.
3. To assume responsibility for perpetual custody and maintenance ofradioactive materials held for custodial purposes at any publicly orprivately operated facility located within the Commonwealth in the event theparties operating such facilities abandon their responsibility and wheneverthe federal government or any of its agencies has not assumed theresponsibility. In such event, the Board may collect fees from private orpublic parties holding radioactive materials for perpetual custodial purposesin order to finance such perpetual custody and maintenance as the Board mayundertake; provided, that the fees shall be sufficient in each individualcase to defray the estimated cost of the Board's custodial managementactivities for that individual case. All such fees, when received by theBoard, shall be credited to a special fund of the Department, shall be usedexclusively for maintenance costs or for otherwise satisfying custodial andmaintenance obligations and are hereby appropriated for such purpose.
4. To enter into an agreement with the federal government or any of itsauthorized agencies to assume perpetual maintenance of lands donated, leased,or purchased from the federal government or any of its authorized agenciesand used for development of atomic energy resources or used as custodialsites for radioactive material.
(Code 1950, § 32-414.4; 1964, c. 158; 1968, c. 314; 1975, c. 563; 1979, c.711.)