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2006-0527-F FOI MARKER Document ID: 9606505 'A1 Shelf: 6 Stack: v Row: 46 A Section: 3 Position: 2 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Original OA/ID Number: 2345 1■» •* * CHRON FILE FROM: PRESIDENT ENVIRONMENT PERSONS: SUBJECT: DUE DATE: 28 SEP 96 STATUS: C ACTION: PRES SGD PD 96-54 LOGREF: STAFF OFFICER: BAKER CODES: FILES: WH NSCP: DISTRIBUTION DOCUMENT FOR CONCURRENCE FOR ACTION COMMENTS: W/ATTCH DATE BY HAND DISPATCHED BY 5 DOC 5 OF CLOSED BY: NSGP OPENED BY: NSTSM UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE TO: BROWNER, C WIDNALL, S PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE KEYWORDS: LEGAL ISSUES PD DOC DATE: 29 SEP 96 SOURCE REF: RECORD ID: 9606505 RECEIVED: 25 SEP 96 14 FOR INFO BAKER KRECZKO NSC CHRON RECORD ID: 9606505 CAO ASSIGNED ACTION REQUIRED DOC ACTION OFFICER DISPATCH DATA SUMMARY REPORT DISPATCH FOR INFO DISPATCH FOR ACTION DATE DOC UNCLASSIFIED UNCLASSIFIED ACTION DATA SUMMARY REPORT 960927 960927 960929 960929 960929 960929 004 004 005 005 005 005 BROWNER, C WIDNALL, S Z Z Z Z X 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 1 G5O5 LOG# PROOFED BY: INT ARS NSC SYSTEM URGENT NOT PROOFED: A/O DOCLOG BYPASSED WWDESK: DISPOSITION INITIAL7DATE SEQUENCE TO Harmon I Dohse Sens - Soderberg Slrt! Sec Berger 'i iVS z ~ Lake Situation Room 55 West Wing Desk Records Mgt. N = No Further Action R = Retain I = Information A = Action ’x’ CL- COMMENTS: Exec Sec Office has diskette (ER^, National Security Council The White House 3 3- V / S <, cc: bL| 3 - Y. D = Dispatch ,) hvt' -> IZ » J THE WHITE HOUSE WAS HI N GTO N September 28, 1996 SUBJECT: 42 U.S.C. (a) imply that in the absence /? Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada 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 abaternent 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. 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. Presidential Determination No.96-54___________ DRAFT September 29, 1996 SUBJECT: Presidential Determination on Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE The Secretary of the Air Force is authorized and directed to publish this Determination in the Federal Register. 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. 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. 6505 1 September 27, 1996 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH: FROM: SUBJECT: requirements concerning the inspection and inventory of hazardous Background issued an exemption under the Resource On September 29, 1995, you issued an exemption under tne Kesour Conservation and Recovery Act (RCRA) protecting from disclosure While ruling Justice, Environmental and Natural Resources Division concur in cc: Vice President Chief of Staff THE WHITE HOUSE WASH INGTON Purpose To continue to exempt the Air Force from public disclosure waste*at"the Air Force^"operating location near Groom Lake. THE EXECUTIVE CLERK ANTHONY L Presidential Determination on RCRA Exemption tor the Operating Location at Groom Lake 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. 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. 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 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 DEPUTY SECRETARY OF DEFENSE 2 5 SEP iggs NJ Attachment: SECAF Memo I note that EP A Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. 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 withheld 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. MEMORANDUM FOR PRESIDENT CLINTON THRU: MR. LAKE 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 SUBJECT: Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada K or WMMVAJta 6505 THE WHITE HOUSE WASHINGTON September 27, 1996 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH: THE EXECUTIVE CLERK L7^^ FROM: ANTHONY SUBJECT: Purpose Background Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake 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." ■ fo 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. ■X 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. 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 J 6505 September 25, 1996 ACTION MEMORANDUM FOR ANTHONY LAKE ALAN KRECZKO THROUGH: FROM: SUBJECT: Last year, Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. Attachments Tab I Tab A Tab B NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Presidential Determination on Continuation of RCRA Exemption for Groom Lake JAMES E. BAKER^ 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. Katie McGinty concurs in this recommendation. Bob Bell and David Sandalow 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. t TO: LAKE FROM: BAKER ENVIRONMENT KEYWORDS: PERSONS: PD ON CONTINUATION OF RCRA EXEMPTION FOR GROOM LAKE SUBJECT: DUE DATE: 28 SEP 96 STATUS: S ACTION: APPROPRIATE ACTION LOGREF: STAFF OFFICER: BAKER CODES: NSCP: FILES: WH DISTRIBUTION DOCUMENT COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY DOC 1 OF 1 CLOSED BY: OPENED BY: NSTSM UNCLASSIFIED LEGAL ISSUES PD UNCLASSIFIED NSC/RMO PROFILE RECORD ID: 9606505 RECEIVED: 25 SEP 96 14 DOC DATE: 25 SEP 96 SOURCE REF: FOR CONCURRENCE BELL SANDALOW FOR ACTION BAKER FOR INFO KRECZKO