Page:United States Statutes at Large Volume 104 Part 4.djvu/519

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/ PUBLIC LAW 101-575 —NOV. 15, 1990 104 STAT. 2835 ing small power production facility (as defined in subparagraph (C) of section 3(17) of the Federal Power Act as amended by this Act)— (1) shall be considered a qualifying small power production facility for purposes of part 292 of title 18, Code of Federal Regulations, notwithstanding any size limitations contained in such part, and (2) shall not be subject to the size limitation contained in section 292.601(b) of such part. SEC. 5. LICENSING OF URANIUM ENRICHMENT FACILITIES. (a) DEFINITION OF PRODUCTION FACILITY. —Section 11v. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(v)) is amended by adding at the end the following new sentence: "Except with respect to the export of a uranium enrichment production facility, such term as used in chapters 10 and 16 shall not include any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235.". (b) REGULATION. —Section 161b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)) is amended by striking the period at the end of the section and adding the following: "; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation's common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;". (c) OWNERSHIP OF PRODUCTION FACILITIES.— Section 41a. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 2061(a)(2)) is amended by striking "section 103 or 104" and inserting "under this Act". (d) SABOTAGE OF NUCLEAR FACILITIES OR FUEL.— Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) is amended— (1) by striking "or" at the end of paragraph (2); (2) by inserting "or" after the semicolon at the end of paragraph (3); and (3) by adding after paragraph (3) the following new paragraph: "(4) any uranium enrichment facility licensed by the Nuclear Regulatory Commission.". (e) URANIUM ENRICHMENT FACILITIES.— Chapter 16 of the Atomic Energy Act of 1954 (42 U.S.C. 2231 et seq.) is amended by adding at the end the following new section: "SEC. 193. LICENSING OF URANIUM ENRICHMENT FACILITIES. 42 USC 2243. " (a) ENVIRONMENTAL IMPACT STATEMENT. — "(1) MAJOR FEDERAL ACTION. — The issuance of a license under sections 53 and 63 for the construction and operation of any uranium enrichment facility shall be considered a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). "(2) TIMING.— An environmental impact statement prepared under paragraph (1) shall be prepared before the hearing on the issuance of a license for the construction and operation of a uranium enrichment facility is completed. "(b) ADJUDICATORY HEARING.—