(a) These criteria relating to ownership of by-product material and their disposal sites apply to all licenses terminated, issued, or renewed after November 8, 1981.
(b) Unless exempted by the United States Nuclear Regulatory Commission (NRC), title to land (including any affected interests therein) that is used for the disposal of by-product material or that is essential to ensure the long-term stability of the disposal site and title to the by-product material must be transferred to the State of Texas or the United States prior to the termination of the license. Material and land transferred must be transferred without cost to the State of Texas or the United States. In cases where no ongoing site surveillance will be required, surface land ownership transfer requirements may be waived. For licenses issued before November 8, 1981, NRC may take into account the status of the ownership of the land and interests therein, and the ability of a licensee to transfer title and custody thereof to the State.
(c) Any uranium recovery facility license must contain terms and conditions as the agency determines necessary to assure that, prior to termination of the license, the licensee will comply with ownership requirements of this section for sites used for tailings disposal.
(d) For surface impoundments only, the applicant/licensee shall demonstrate a serious effort to obtain severed mineral rights and shall, in the event that fee simple title including all mineral rights cannot be obtained, provide notification in local public land records of the fact that the land is being used for the disposal of radioactive material and is subject to an NRC license prohibiting the disruption and disturbance of the tailings.
(e) If NRC, subsequent to title transfer, determines that use of the surface or subsurface estates, or both, of the land transferred to the state or federal government will not endanger the public health and safety or the environment, NRC may permit the use of the surface or subsurface estates, or both, of such land in a manner consistent with the provisions of this section. If NRC permits the use of such land, it will provide the person who transferred the land with the first refusal with respect to the use of such land.

Source Note: The provisions of this §336.1131 adopted to be effective February 28, 2008, 33 TexReg 1570