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2006-0527-F FOI MARKER Document ID: 9600475 Row: 44 Shelf: 7 A A Position: 3 Section: 6 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Stack: v Original OA/ID Number: 1082 « TO: PRESIDENT KEYWORDS:CONGRESSIONAL PERSONS: SUBJECT: ACTION: PRESIDENT SGD PER WH EXEC CLERK DUE DATE: 30 JAN 96STATUS: C STAFF OFFICER: BAKER LOGREF: FILES: WHNSCP:CODES: DOCUMENT DISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: DISPATCHED BY DATE BY HANDW/ATTCH OPENED BY: NSGP CLOSED BY: NSKDB DOC3 OF3 UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE FROM: LAKE GRIFFIN, P LEGAL ISSUES AIR FORCE RPT TO CONGRESS ON PRES EXEMPTION RE OPERATING LOCATION NEAR GROOM LAKE FOR INFO BAKER \ BELL DANVERS KRECZKO NSC CHRON DOC DATE: 30 JAN 96 SOURCE REF: RECORD ID: 9600475 RECEIVED: 26 JAN 96 15 t RECORD ID: 9600475 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOC DATE DISPATCH FOR ACTION DISPATCH FOR INFO UNCLASSIFIED 003 003 960130 960130 Z Z Z X UNCLASSIFIED ACTION DATA SUMMARY REPORT VICE PRESIDENT WH CHIEF OF STAFF 96012615 PREPARE MEMO FOR LAKE 96012915 FWD TO PRESIDENT FOR SIG 96013011 FOR SIGNATURE 96013117 PRESIDENT SGD PER WH EXEC CLERK 001 BAKER 002 LAKE 003 PRESIDENT 003 ^7^ LOG# PROOFED BY: INT NSC SYSTEM URGENT NOT PROOFED: A/0 DOCLOG BYPASSED WW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Harmon Dohse Sens Soderberg Berger Lake Situation Room West Wing Desk Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: Exec Sec Office has diskette National Security Council The White House / d- ‘Ai *7 LOG# PROOFED BY: INT NSC SYSTEM URGENT NOT PROOFED: A/0 DOCLOG BYPASSED kVW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Harmon £ 1 Dohse Sens {\o Soderberg Berger Lake Situation Room West Wing Desk Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: 3< Exec Sec Office has diskette L V- Natl Sec Advisor han snnn____ fcd '/a Natfonal Security Council The White House r - xt // 9 0475 THE WHITE HOUSE ACTION THE EXECUTIVE CLERK THROUGH: LT^^ FROM: SUBJECT: Purpose Background RECOMMENDATION That you sign the attached letters. Letter to Speaker of the House Letter to President of the Senate Attachments Tab A Tab B President sjd per WH Executive Clerk —. This report has been coordinated with the Departments of Defense and Justice as well as the EPA. WASHINGTON January 30, 1996 MEMORANDUM FOR THE PRESIDENT To report to the Congress pursuant to the Resource Conservation and Recovery Act (RCRA). ANTHONY LAK^ PATRICK GRIFFIN'/T' cc: Vice President Chief of Staff Under RCRA, you are required to report each January to the Congress all exemptions granted during the previous year and the reasons for doing so. In addition to noting that the exemption was necessary to protect national security (without providing details), the report indicates that the exemption was not intended to limit the applicability or enforcement of any requirement of law applicable to the operating location except those provisions, if any, that would require disclosure of classified information. On September 29, you exempted the Air Force operating location near Groom Lake, Nevada, (the operating location) "from any Federal, State, interstate or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information" to unauthorized persons. The exemption was granted in the context of litigation over the Government's compliance with RCRA at the operating location. Report to Congress on the Presidential Exemption Concerning the Operating Location Near Groom Lake THE WHITE HOUSE WASHINGTON Dear Mr. Speaker: Consistent with section 600l(a) of the Resource Conservation and Recovery Act (RCRA) (the "Act"), as amended, 42 U.S.C. § 6961 (a), notification is hereby given that on September 29, 1995, I issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 600l(a) of the Act. Presidential Determination No. 95-45 exempted the United States Air Force's operating location near Groom Lake, Nevada, from any Federal, State, interstate, or local hazardous or solid waste laws that might require the disclosure of classified information concerning that operating location to unauthorized persons. Information concerning activities at the operating location near Groom Lake has been properly determined to be classified, and its disclosure would be harmful to national security. Continued protection of this information is, therefore, in the paramount interest of the United States. The Determination was not intended to imply that in the absence of a Presidential exemption RCRA or any other provision of law permits or requires the disclosure of classified information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP). The Determination also was not intended to limit the applicability or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. The Honorable Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515 Sincerely, (FR 0cc. 9S-Z32H Filed 10-0--o;s: !O:H iml 3illir:g coci, )9!0-(JI-M Presidential Documents Presidential Determination No. 95-45 of September 29. 1995 Presidential Determination on Classified Information Con­ cerning the Air Force's Operating Location Near Groom Lake, Nevada Memorandum fo r the Administrator of the Environmenlal Protection Agency [and] the Secretary ·of the Air For� I find that it is in the para.mount intera,t of the United States to e.�emot the United States Air Force's operating location near Groom Lake. Nevada (the subje<:t of litigation in Kasza v. Browne r (D. Nev. CV-S-94-795-PMPJ and Frost v. Perry (D. Nev. CV-S-94-714-PMP)) from any applicable requi..-e­ ment for the disclosure to unauthorized persons of classified information concerning that operating location-Therefore. pursuant to 42 U.S.C. § 6961(a), I hereby exempt the Air Force's operating location near Groom Lake. Nevacia from any Federal. State. interstate or Ioctl provision res p ectin g control and abatemeot·of solid waste or hazardous waste disposal that would .equire the disclosure of classified information concerning that operating. lo.:ation to any unauthorized person. This exemption shall be effective for the full one-year starutory period. Nothing herein is intended to: (a} imply thac in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act {RCR.'\) or any other provision of law perm.its or r !<1Uires disclosure of classified information to unauthorized persons: or (b) limit the applicability or enforce­ ment of any requ.iremant of law applicable to the Air Force's o p eratin g location near Groom Lake. Nevada. except those provisions. if any, that would require the disclosure of classified i.c.formation. The Secretary of the. Air Force· is authorized and d!Iected to publish this Decemunat!on in the Federal Register. �� THE WHITE HOUSE. Washington. September 29, 199S. SSC6 C69 COL Y'r'.:i 9S:!o .1Rl 96tSZ/TO B ?,■.. V;: '< T A I ! ■ *■' "/> RB ’.X V . Sincerely, Consistent with section 6001(a) of the Resource Conservation and Recovery Act (RCRA) (the "Act"), as amended, 42 U.S.C. § 6961(a), notification is hereby given that on September 29, 1995, I issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. THE WHITE HOUSE WASHINGTON The Determination was not intended to imply that in the absence of a Presidential exemption RCRA or any other provision of law permits or requires the disclosure of classified information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza Browner (D. Nev. CV-S-94-795-PMP). The Determination also was not intended to limit the applicability or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. Dear Mr. President: Presidential Determination No. 95-45 exempted the United States Air Force's operating location near Groom Lake, Nevada, from any Federal, State, interstate, or local hazardous or solid waste laws that might require the disclosure of classified information concerning that operating location to unauthorized persons. Information concerning activities at the operating location near Groom Lake has been properly determined to be classified, and its disclosure would be harmful to national security. Continued protection of this information is, therefore, in the paramount interest of the United States. The Honorable Albert Gore, Jr. President of the Senate Washington, D.C. 20515 soo� (FR Doc. 9S-Z32H Fil1d lo-&--'JS: !O:H ir.11 8fllir.g code )910--01-"1 Presidential Documents Presidential Determination No. 95-4S of September 29. 1995 Presidential Determination on Classified Information Con­ cerning the Air Force's Operating Location Near Groom Lake, Nevada Memorandum for the Administrator of the Environmental Protection Agency {and] the Secretary ·of the Air Force I find that it i s in the paramount interest of the United States to e.."<:ernot the United States Air Force's ope r ating location near Groom Lake. Nevada (the subjec: of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMPJ and Frost v. Perry (D. Nev. CV�714-PMP}) from any applicable require­ ment for the d isclosure to unauthorized oe r sons of classified information concerning that operating location. Therefore. pursuant to 42 U.S.C. § 696l(a). I hereby exempt the Air Force's operating location near Groom !..aka. Nevada from any Federal. State. interstate or local provision respectillg control and abatemeoc-·of solid waste or hazardous waste disposal that would require the disclosure of classified information concerning that operating. lo.:ation to any unauthorized person. This exemption shall be effective for the fuJl one-year statutory period. Nothing herein is intended to: (a) imply tbac in the absence of such a ?re:sidantial exemption. the Resource COllservation and Recovery Act (RCR.'\) or any other provision of law permits or r :quires disclosure of classified information to unauthorized persons: or (b) limit the applicability or enforce­ mant of any requirement of law applicable to the Air Force's operating location near Groom Lake. Nevada. except those provisions. if any, that would reqtlire the disclosure of classified inioanation. The Secretary of the Air force· i.s authorized and directed to publish this Determination in the Federal Register. · THE WHITT HOUSE. Washington, September 29. 1995. SSC6 C69 CO! YY.:f 9S: !O tlRl 96/SUT O Dear Mr. Speaker and Mr. President: Honorable Newt Gingrich Speaker of the House U. S. House of Representatives Washington, D. C. 20515 Consistent with section 6001(a) of the Resource Conservation and Recovery Act (RCRA) (the “Act”), as amended, 42 U.S.C. § 6961(a), which requires that I “report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with [my] reason for granting each such exemption,” I notify you that on September 29, 1995,1 issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Presidential Determination No 95-45 exempted the United States Air Force’s operating location near Groom Lake, Nevada, from any Federal, State, interstate, or local hazardous or solid waste laws that might require the disclosure of classified information concerning that operating location to unauthorized persons. Information concerning activities at the operating location near Groom Lake has been properly determined to be classified, and its disclosure would be harmful to national security. Continued protection of this information is therefore in the paramount interest of the United States. Honorable Albert Gore, Jr. President U. S. Senate Washington, D. C. 20515 The Determination was not intended to imply that in the absence of a Presidential exemption RCRA or any other provision of law permits or requires the disclosure of classified information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795- PMP). The Determination also was not intended to limit the applicability or enforcement of any requirement of law applicable to the Air Force’s operating location near Groom Lake except those provisions, if any, that would require the disclosure of classified information. Sincerely, Attachment: Presidential Determination 95-45 I am forwarding copies of this notification to the Chairman and Ranking Minority member of each of the following committees: House Committee on Resources; House Committee on National Security; Senate Committee on Environment and Public Works; and Senate Committee on Armed Services. cc: Chairman and Ranking Minority Member: House Committee on Resources House Committee on National Security Senate Committee on Environment and Public Works Senate Committee on Armed Services Administrator, Environmental Protection Agency 0475 January 26, 1996 ACTION MEMORANDUM FOR ANTHONY LAKE THROUGH:ALAN KRECZKO V FROM: JAMES SUBJECT: r i (\ J NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Report to Congress on Presidential Exemption Concerning the Operating Location Near Groom Lake BAKER^, Under RCRA, the President is required to report each January to the Congress all exemptions granted during the previous year and the reasons for doing so. This is the first such report during this Administration. The attached report has been coordinated with the Departments of Defense and Justice as well as the EPA; it should be submitted to Congress no later than January 31. In September the President exempted the Air Force operating location near Groom Lake, Nevada, from any applicable provisions of hazardous or solid waste laws that would require disclosure of classified information. The exemption was granted in the context of litigation (Browner) over the Government's compliance with the Resource Conservation and Recovery Act (RCRA). As to the status of the litigation, we are doing well. On January 10, the district court determined that the EPA had completed its statutory duties with regard to the inspection and inventory of the operating location, rendering the Browner case moot. The court also ruled that the Government has "complied with RCRA's public disclosure requirements by virtue of the Presidential Determination," and has entered final judgment in the case. In a companion case, Perry, in which you are a named defendant, the court is continuing to consider cross motions for summary judgment. We are optimistic in light of the court's ruling in Browner. Notwithstanding these successes, we will need to consider whether to appeal one aspect of the court's ruling: that in the absence of a Presidential exemption EPA has a nondiscretionary duty under RCRA to disclose classified information. 2 id Concurrence by: Bob Bell, Bill Danvers, and David Sandalow RECOMMENDATION That you sign the memorandum to the President at Tab I. Attachments Memorandum for the President Letter to Speaker of the House Letter to President of the Senate Tab I Tab A Tab B Tab II Incoming Correspondence * 50‘ u/Z SUBJECT: Congressional Notification of Presidential Exemption Concerning the An- Force’s Operating Location Near Groom Lake, Nevada The EPA Office of General Counsel and the Department of Justice Environment and Natural Resources Division have reviewed the report and concur with the Department of Defense that this report should be provided. Section 6001(a) requires that you “report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with [your] reason for granting each such exemption.” You granted such an exemption on September 29,1995, in Presidential Determination 95-45, which protects classified information concerning the Air Force’s operating location near Groom Lake, Nevada, from public disclosure. The enclosed report provides notice to Congress of the exemption. MEMORANDUM FOR PRESIDENT CLINTON THROUGH MR. LAKE AMMWMnr or VOUWABO I recommend you provide the enclosed report to Congress pursuant to section 6001(a) of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6961(a). DEPUTY SECRETARY OF DEFENSE 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 '2 6 JAN 1996 Attachment: A/S I