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2006-0527-F FOI MARKER Document ID: 9700471 Row: 45 Shelf: 4 Section: 2 Position: 3 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: 1599 TO: PRESIDENT KEYWORDS: DEFENSE POLICY PERSONS: SUBJECT: ACTION: PRESIDENT SGD PER WH EXEC CLERK DUE DATE: 28 JAN 97 STATUS: C STAFF OFFICER: BAKER LOGREF: FILES: WH NSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: W/ATTCH DISPATCHED BY DATE BY HAND OPENED BY: NSTSMCLOSED BY: NSDRSDOC 2 OF 2 UNCLASSIFIED LEGAL ISSUES CONGRESSIONAL UNCLASSIFIED NSC/RMO PROFILE RPT TO CONGRESS ON PRES EXEMPTION RE OPERATION LOCATION NEAR GROOM LAKE FROM: BERGER HILLEY, J DOC DATE: 31 JAN 97 SOURCE REF: BAKER DANVERS FICKLIN KRECZKO NSC CHRON SANDALOW SESTAK RECORD ID: 9700471 RECEIVED: 24 JAN 97 14 RECORD ID: 9700471 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOCDATEDISPATCH FOR ACTION DISPATCH_FO_R_.INFO UNCLASSIFIED 002 002 Z Z X 970131 970131 UNCLASSIFIED ACTION DATA SUMMARY REPORT 97013018 FWD TO PRESIDENT FOR SIG 97013119 FOR SIGNATURE 97013120 PRESIDENT SGD PER WH EXEC CLERK VICE PRESIDENT WH CHIEF OF STAFF 001 BERGER 002 PRESIDENT 002 LOG# PROOFED BY: NSC INT ARS SYSTEM URGENT NOT PROOFED: A/O DOCLOG BYPASSED WW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO I .Harmon Dohse Kerrick Steinberg Berger Situation Room West Wing Desk Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: A. Al. ’97 JAN 30 ph 64? Exec Sec Office has diskette Oop^ Natl Sw? Advisor NationcSTSecurity Council The White House JU n „ \\a/vy LOG# PROOFED BY: NSC INT ARS SYSTEM URGENT NOT PROOFED: A/O DOCLOG BYPASSED WW DESK: DISPOSITION INITIAL/DATE SEQUENCE TO I .Harmon I Dohse Kerrick Steinberg Berger Situation Room % < West Wing Desk Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: ch^JL 'hl ’97 JAN 30 pm 64? Exec Sec Office has diskette National Security Council The White House G ’4S^\ 1? 0471 THE WHITE HOUSE WASHINGTON January 31, 1997 ACTION MEMORANDUM FOR THE PRESIDENT > e THROUGH: THE EXECUTIVE CLERK FROM: SUBJECT: Purpose Background RECOMMENDATION That you sign the attached letters. Letter to Speaker of the House Letter to President of the Senate Report to Congress on the Presidential Exemption Concerning the Operating Location Near Groom Lake Attachments Tab A Tab B t:;dForW\/3l/H7 -----L— To report to the Congress pursuant to the Resource Conservation and Recovery Act (RCRA). cc: Vice President Chief of Staff This report has been coordinated with CEQ as well as the Departments of Defense and Justice and the EPA. 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. SAMUEL R. BERGE: JOHN HILLEY On September 28, 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. You first granted such an exemption in 1995 in the context of litigation over the Government's compliance with RCRA at the location. THE WHITE HOUSE WAS HIN GTON Dear Mr. Speaker: Sincerely, Presidential Determination No. 96-54 exempted the U.S. 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. 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 28, 1996, I issued Presidential Determination 96-54 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. The Honorable Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515 Tuesday. October 8. 1996 Title 3— The President Memorandum for the Administrator I find that il is in tin, panunounl interest »J " “'X local provision respecting control and shall be effective for the full to any unauthorized person. This exemption Groom Lake. Nevada,' except those provisions, if any, that The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. rvj £0:9T TH1 '6/0e/T0 900® ' [FR Doc. 96-25959 Filed 10-7-96: 6:45 ara) ' Billing coda 3910-01-M Memorandum for the Administrator of the Environmental Protection Agency [and] the Secretary of the Air Force THE WHITE HOUSE, Washington, September 28, 1996. I hereby exempt the Air Force's operating locatio from any Federal, State, interstate or 1—' ment of any requirement of Jawapplicable^to^the Air-Force s operating location near I----------— - . - - would require the disclosure of classified information. and Frost v (D. Nev CV-S-941714-PMP) from any applicable require­ ment for. the disclosure to unauthorized persons of concerning that operating location. Therefore, pursuant t >4 I UEU. 6961[a}. T kk„ tho Air Force's oneratinst location near Groom Lake, Nevada, from any Federal. State, interstate or local provision respecung uuuuux abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information ^operating location to any unauthorized person. This exemption-----— -------- one-year statutory period. Presidential Determination No. 96-54 of September 28, 1996 Presidential Determination on ceming I— — Lake, Nevada l Classified Information Con- the Force’s Operating Location Near Groom the'unhed 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) TI I-I if » THE WHITE HOUSE WASH INGTON Sincerely, 20510 The Honorable Albert Gore, Jr. President of the Senate Washington, D. C. Presidential Determination No. 96-54 exempted the U.S. 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. 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 28, 1996, I issued Presidential Determination 96-54 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Dear Mr. President: Tuerriay. October 8, 1996 Merna ran dura for the Administrator find that it is in the paramount interest of the United States to exempt Air FnrrB's ooeratkiK location near Groom uke, Nevada Browner (D. Nev. CV-S-94-795-PMP) I hereby exempt the Air Force’s operating location XVJ '0:91 (IHl I6/0E/T0 SOO® __i Classified Information Con- Operating Location Near Groom Title 3— The President the absence of such a :— i HisrInsure of classified • [FK Doc. 96-ZS9S9 FHod 10-7-9S: 8:45 ini) ' Billing cod* 3910—01—M THE WHITE HOUSE. Washington. September 28, 1996. fhe’ aXure oniasXd information concerning^ operating location to any 1 one-year statutory period. Nothing herein is intended to: (a) imply that in or~any’'other ’provision of law permits or requires Presidential Determination No. 96-54 of September 28, 1996 Presidential Determination on ceming the Air Force’s < Lake, Nevada Presidential exemption, the IKKKW ft) fiaFft. ■PPtabili^ or enfome- ment of any requirement of law applicable to the Air Force s °P8ra4“8 Memorandum for the Administrator of the Environmental Protection Agency [and] the Secretary of the Air Force the'unfied Stat'es_Air Force's operating location q_g4-79S-PMP) (the subject of litigation in Kasza v. Browner (D. Nev. CV-S-.^SS BMP) and Frost v. Perry (D. Nev. CV-S-94-714-PMP) from any applicable rcqu re­ Son nem' GroomLake, Nevada,* except those provisions, if any, that would require the disclosure of classified information. The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. I hereby eiemot 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 unauthorized person. This exemption shall be effective for the full 0471 >■ January 30, 1997 ACTION MEMORANDUM FOR SAMUEL R. BERGER THROUGH: FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the memorandum to the President at Tab I. NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 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 ALAN KRECZKO JAMES BAKER^ This is the second such report during _______________ The attached report has been coordinated with CEQ as well as the Departments of Defense and Justice and the EPA; it should be submitted to Congress no later than January 31. 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 Administration. The attached report has been coordinated Cj 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 first granted last year in the context of litigation (Browner) over the Government s compliance with the Resource Conservation and Recovery Act (RCRA). Report to Congress on Presidential Exemption Concerning the Operating Location Near Groom Lake ___________________ Joe Sestak, Bill Danvers? and David Sandalow