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2006-0527-F FOI MARKER Document ID: 9606505 Row: 45 Shelf: 10 Stack: v A A Position: 2 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Section: i Original OA/ID Number: 1123 'A 1 r * FROM: PRESIDENT ENVIRONMENT PERSONS: SUBJECT: ACTION: PRES SOD PD 96-54 DUE DATE: 28 SEP 96STATUS: C STAFF OFFICER: BAKER LOGREF: FILES: WH NSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: DISPATCHED BY DATE BY HANDW/ATTCH OPENED BY: NSTSM CLOSED BY: NSGP5 OF5 DOC UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE TO: BROWNER, C WIDNALL, S KEYWORDS: LEGAL ISSUES PD DOC DATE: 29 SEP 96 SOURCE REF: PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE FOR INFO BAKER KRECZKO NSC CHRON RECORD ID: 9606505 RECEIVED: 25 SEP 96 14 RECORD ID: 9606505 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOC DATE DISPATCH FOR ACTION DISPATCH FOR INFO UNCLASSIFIED 004 004 005 005 005 005 960927 960927 960929 960929 960929 960929 UNCLASSIFIED ACTION DATA SUMMARY REPORT Z Z Z Z X BROWNER, C WIDNALL, S VICE PRESIDENT WH CHIEF OF STAFF BURNS, W CONROY, R DUSAULT, P SAUNDERS, T 96092519 APPROPRIATE ACTION 96092610 ADD-ON / APPROPRIATE ACTION 96092617 FWD TO PRESIDENT FOR SIG 96092712 FOR SIGNATURE 96093010 PRES SGD PD 96-54 001 BAKER 002 BAKER 003 LAKE 004 PRESIDENT 005 »• r (o5os LOG# PROOFED BY: SYSTEM URGENT NOT PROOFED: A/0 DOCLOG BYPASSED WW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO Harmon Dohse Sens Soderberg Natl Se< Berger Lake Situation Room West Wing Desk Records Mgt. N = No Further Action D = Dispatch I = Information A = Action Exec Sec Office has diskette National Security Council The White House 3 NSC INT ARS Natl Sec Advisor has seen 3^ ___________/ p— 3 ^2X5 COMMENTS: 1 R = Reiatrr" t 9 os LOG# PROOFED BY: NSC INT ARS URGENT NOT PROOFED: SYSTEM A/O 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 D = Dispatch A = Action COMMENTS: -Vi Exec Sec Office has diskette National Security Council The White House 3 3- b1-'] DOCLOG Nat! Sec Advisor has seen cc:^-^l( R = Reiakr ) ^L\ 3^ I = Information Kr1' __________ z- 3 THE WHITE HOUSE WASH I NGTON September 28, 1996 SUBJECT: 42 U.S.C. /? Cj. UaxaX-oaa Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE I find that it is in the paramount interest of the United States to exempt the United States Air Force's operating location near Groom Lake, Nevada (the subject of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D. Nev. CV-S-94-714-PMP) from any applicable requirement for the disclosure to unauthorized persons of classified information concerning that operating location. Therefore, pursuant to 6961(a), I hereby exempt the Air Force's operating location near Groom Lake, Nevada, 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 concerning that operating location to any unauthorized person. This exemption shall be effective for the full one-year statutory period. Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No.96-54__________ 6505 September 27,1996 ACTION MEMORANDUM FOR THE PRESIDENT THE EXECUTIVE CLERK THROUGH: ANTHONY FROM: SUBJECT: Purpose Background While ruling Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake cc: Vice President Chief of Staff THE WHITE HOUSE WAS H INGTON To continue to exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the Air Force "operating location near Groom Lake." That ruling is now being appealed, as is plaintiffs' challenge to the sufficiency of your original exemption. In the interim, Deputy Secretary of Defense White and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information while the matter is on appeal. EPA Administrator Browner and Department of Justice, Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded narrowly, to exempt the location only from disclosure requirements and not from applicable environmental standards. On September 29, 1995, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information regarding an Air Force facility near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. As a result, the attached exemption should be signed by September 29. The exemption was necessitated by litigation over RCRA compliance at the facility. that the information in question was appropriately classified, the Federal district court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption. /7 A, 2 RECOMMENDATION That you sign the exemption at Tab A. Tab A Tab B Attachments Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense DRAFT September 29, 1996 SUBJECT: MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE Presidential Determination on Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada The Secretary of the Air Force is authorized and directed to publish this Determination in the Federal Register. Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force’s operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. I find that it is in the paramount interest of the United States to exempt the United States Air Force’s operating location near Groom Lake, Nevada (the subject of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D. Nev. CV-S-94- 714-PMP)) from any applicable requirement 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, Nevada 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 concerning that operating location to any unauthorized person. This exemption shall be effective for the full one-year statutory period. Presidential Determination No. 2 5 SEP 1995 Attachment: SECAF Memo 50* MEMORANDUM FOR PRESIDENT CLINTON THRU: MR. LAKE SUBJECT: Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada DEPUTY SECRETARY OF DEFENSE 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 J- ■+ck-T-f I Ml 11 Ml On September 29,1995, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force operating location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. The exemption was necessitated by a Federal district court ruling that held that classified information could not be witoheld from public disclosure under RCRA absent such an exemption. That ruling is now being appealed. In the meantime, and for reasons addressed in the attached memorandum from Secretary Widnall, I concur in her request and recommendation that you renew the exemption to provide continued protection for the full one-year statutory period while the matter is on appeal. I note that EPA Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. 'yj |V> Ml 6505 3S. September 27, 1996 ACTION MEMORANDUM FOR THE PRESIDENT // THROUGH: THE EXECUTIVE CLERK FROM: ANTHONY SUBJECT: Purpose Background Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake THE WHITE HOUSE WASH INGTON cc: Vice President Chief of Staff To continue to exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the Air Force "operating location near Groom Lake." That ruling is now being appealed, as is plaintiffs' challenge to the sufficiency of your original exemption. In the interim, Deputy Secretary of Defense White and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information while the matter is on appeal. EPA Administrator Browner and Department of Justice, Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded narrowly, to exempt the location only from disclosure requirements and not from applicable environmental standards. On September 29, 1995, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information regarding an Air Force facility near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. As a result, the attached exemption should Z be signed by September 29. The exemption was necessitated by litigation over RCRA compliance at the facility. While ruling that the information in question was appropriately classified, the Federal district court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption. 2 RECOMMENDATION That you sign the exemption at Tab A. Tab A Tab B Attachments Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense 6505 September 25, 1996 ACTION MEMORANDUM FOR ANTHONY LAKE THROUGH: FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. r L Katie McGinty concurs in this recommendation. Bob Bell and David Sandalow Tab I Tab A Tab B NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Attachments Memorandum for the President Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense With the concurrence of EPA and Justice, the Deputy Secretary of Defense is recommending that the President renew the Groom Lake exemption. As with last year's exemption, the continuation expressly notes that it is not intended to limit the applicability or enforcement of any requirement of law applicable to the facility except those concerning the disclosure of classified information. To ensure continued protection of classified information the President should sign the attached exemption by September 29. Presidential Determination on Continuation of RCRA Exemption for Groom Lake Last year, the President exempted the "Operating Location near Groom Lake" from the public disclosure requirements of the Resource Conversation Recovery Act in order to protect national security information. By statute, the exemption is effective for one year. ALAN KRECZKO JAMES E. BAKER*^ J TO: LAKE FROM: BAKER ENVIRONMENT PERSONS: SUBJECT:PD ON CONTINUATION OF RCRA EXEMPTION FOR GROOM LAKE ACTION: APPROPRIATE ACTION DUE DATE: 28 SEP 96STATUS: S STAFF OFFICER: BAKER LOGREF: FILES: WHNSCP:CODES: DOCUMENTDISTRIBUTION COMMENTS: DISPATCHED BY DATE BY HAND W/ATTCH OPENED BY: NSTSM CLOSED BY:DOC 1 OF 1 UNCLASSIFIED * KEYWORDS: LEGAL ISSUES PD UNCLASSIFIED NSC/RMO PROFILE DOC DATE: 25 SEP 96 SOURCE REF: RECORD ID: 9606505 RECEIVED: 25 SEP 96 14 FOR CONCURRENCE BELL SANDALOW FOR ACTION BAKER FOR INFO KRECZKO DATETIME SIGNATURE EXTERNAL DISTRIBUTION: PRINT LAST NAME: COPY: 0 + 1 PRINT LAST NAME: COPY: 0 + 1 PRINT LAST NAME: COPY: 2 PRINT LAST NAME: COPY: 2 PRINT LAST NAME: COPY: 2 PRINT LAST NAME: COPY: 2 DR. SHEILA WIDNALL DEPARTMENT OF DEFENSE NATIONAL SECURITY COUNCIL DISTRIBUTION RECEIPT MR. PHILIP DUSAULT OFFICE OF MANAGEMENT & BUDGET INTL SECURITY AFFAIRS ROOM 10002 NEOB MS. RYAN CONROY AGENCY FOR INTL DEVELOPMENT ROOM 5945, NEW STATE 2201 C STREET, NW WASHINGTON, DC 20523 MR. TIM SAUNDERS WH EXECUTIVE CLERK ROOM 5 OEOB SUBJECT: PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR DOCUMENT CLASSIFICATION: UNCLASSIFIED MS. CAROL M. BROWNER ENVIRONMENTAL PROTECTION AGENCY VIA ROOM 1135, WEST TOWER 401 M STREET, SW WASHINGTON, DC 20460 LOG 9606505 DATE 29 SEP 96 DATE, TIME, SIGN THE RECEIPT AND RETURN TO: NSC RECORDS MGNT, ROOM 379 OEOB PAGE 01 OF 01 PAGES « MR. WILLIAM J. BURNS DEPARTMENT OF STATE ROOM 7224, MAIN STATE 2201 C STREET, N.W. WASHINGTON, D.C. 20520 6505 THE WHITE HOUSE WASH INGTON ACTION MEMORANDUM FOR THE PRESIDENT THROUGH:THE EXECUTIVE CLERK FROM:ANTHONY SUBJECT: Purpose To continue Background Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake to exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the Air Force "operating location near Groom Lake." That ruling is now being appealed, as is plaintiffs' challenge to the sufficiency of your original exemption. In the interim, Deputy Secretary of Defense White and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information while the matter is on appeal. EPA Administrator Browner and Department of Justice, Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded narrowly, to exempt the location only from disclosure requirements and not from applicable environmental standards. cc: Vice President Chief of Staff On September 29, 1995, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information regarding an Air Force facility near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. As a result, the attached exemption should be signed by September 29. The exemption was necessitated by litigation over RCRA compliance at the facility. While ruling that the information in question was appropriately classified, the Federal district court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption.