§ 23.1-03-05 — Custody of disposal sites

1. Any radioactive materials license issued or renewed for any activity that results in
processing, generating, or disposing of source material, byproduct material, or other
radioactive material occurring naturally or produced artificially must contain any terms
and conditions the department finds necessary to assure that, prior to termination of
the license:
a. The licensee will comply with any decontamination, decommissioning, and
stabilization standards prescribed by the department, which must be equivalent to
or more stringent than those of the commission for sites, structures, and
equipment used in conjunction with the processing, generation, or disposal of
source material, byproduct material, or other radioactive material occurring
naturally or produced artificially; and
b. Ownership of any disposal site and source material, byproduct material, or other
radioactive material occurring naturally or produced artificially which resulted from
the licensed activity must, subject to subsection 2, be transferred to the United
States if provided by federal law, or this state if the state exercises the option to
acquire land used for the disposal of the source material, byproduct material, or
other radioactive material occurring naturally or produced artificially.
2. a. The department shall require by rule or order that before the termination of any
license, title to the land and any interests in the land, other than land held in trust
by the United States for any Indian tribe or owned by an Indian tribe subject to a
restriction against alienation imposed by the United States or land already owned
by the United States or by the state, used for the disposal of source material,
byproduct material, or other radioactive material occurring naturally or produced
artificially pursuant to a license, must be transferred to the United States if
provided by federal law, or this state, unless the commission and the department
determine before the termination that transfer of title is not necessary to protect
the public health, safety, or welfare, or to minimize danger to life or property.
b. If transfer to the state of title to the land, source material, byproduct material, or
other radioactive material occurring naturally or produced artificially is required,
the department shall maintain the material and land in a manner that will protect
the public health, safety, and the environment.
c. The department may undertake any monitoring, maintenance, and emergency
measures necessary to protect the public health and safety for materials and
property for which it has assumed custody under this chapter.
d. The transfer of title to land or source material, byproduct material, or other
radioactive material occurring naturally or produced artificially, to the state does

not relieve any licensee of liability for any fraudulent or negligent acts done prior
to the transfer.
e. Material and land transferred to either the United States or the state under this
section must be transferred without cost to the United States or the state other
than administrative and legal costs incurred by the United States or the state in
carrying out the transfer.
3. Land used for the disposal of technologically enhanced naturally occurring radioactive
material is not subject to subsection 2.