The Image of Controversy
As you can see by the image above why the government, the DOI, DOE and BLM are so concerned about the proposed Yucca Mountain Project and it's effect on the 1863 Treaty of Ruby Valley and the State of Nevada. A treaty, in fact, that has never been ratified. A treaty that was signed one year before the Nevada Territory became the State of Nevada. Thus, the first violation of said treaty.
The unwarrented claims that these lands were automatically forfieted by 'encroachment' is the open admittence of violating the U.S. Constitution; of high crimes; of violating a standing treaty between two nations and several other very important legal issues.
Encroachment: 'the illegal possession of anothers property'.

Haven't you ever wondered why it is always Native American lands that are always first to be targeted for atomic and nuclear testing and waste storage? If you haven't, maybe you should.