10 C.F.R. § 960.5-2-2

Site ownership and control

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(a) Qualifying condition. The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR 60.121, ownership, surface and subsurface rights, and control of access that are required in order that surface and subsurface activities during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in § 960.5-1(a)(1).

(b) Favorable condition. Present ownership and control of land and all surface and subsurface mineral and water rights by the DOE.

(c) Potentially adverse condition. Projected land-ownership conflicts that cannot be successfully resolved through voluntary purchase-sell agreements, nondisputed agency-to-agency transfers of title, or Federal condemnation proceedings.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: Nevada v. Watkins, 943 F.2d 1080 (9th Cir. 1991).

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Nevada v. Watkins, 943 F.2d 1080 (9th Cir. 1991). “See 10 C.F.R. §§ 960.5-2-2 & 960.5-2-7 (1991).”

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