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2006-0527-F FOI /A MARKER Document ID: 9706404 Row: 45 Section: 3 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Shelf: 8 Position: i Stack: v Original OA/ID Number: 1642 F ♦ *’ FROM: PRESIDENT KEYWORDS: SECURITY PERSONS:BAKER SUBJECT: ACTION: PRESIDENT SGD PD 97-35 DUE DATE: 27 SEP 97STATUS: C STAFF OFFICER: BAKER LOGREF: 97004719700698 FILES: WHNSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: Uh DISPATCHED BY DATE BY HANDW/ATTCH OPENED BY: NSSWD CLOSED BY: NSGP DOC 4 OF 4 UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE TO: WIDNALL, S BROWNER, C DOC DATE: 26 SEP 97 SOURCE REF: RECORD ID: 9706404 RECEIVED: 22 SEP 97 14 FOR INFO BAKER NSC CHRON RECORD ID: 9706404 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOCDATEDISPATCH FOR ACTION DISPATCH FOR INFO UNCLASSIFIED UNCLASSIFIED ACTION DATA SUMMARY REPORT WIDNALL, S BROWNER, C Z Z z z X 002 002 003 003 004 004 004 004 970924 970924 970925 970925 970926 970926 970926 970926 97092320 FWD TO PRESIDENT FOR SIGNATURE 97092408 FOR SIGNATURE 97092522 FOR FURTHER ACTION 97092522 FOR SIGNATURE 97092910 PRESIDENT SGD PD 97-35 VICE PRESIDENT WH CHIEF OF STAFF VICE PRESIDENT WH CHIEF OF STAFF BURNS, W CONROY, R DUSAULT, P SAUNDERS, T 001 BERGER 002 PRESIDENT 002 EXECSEC 003 PRESIDENT 004 1 T G H O’-] % CkJC> & THE WHITE HOUSE WASHINGTON 16^63 Ac \^HV'k k \ 0—*Q 3Z ~v^Uli© • • • 4^° - re_£w~^ ^hsi_^Xfe->-A \a\2_xy-^ UjC6j^J< & d r2~ Mjr^TT- rVC^O- CN^ cvw^ Vo -^JL- kAj‘A\ ^Sk_ ^£1. £<£L ^ioeonr-^v — pcrvuL ^Am3uD k c^G^Xz1 id beu©_A G_CJt)Cx£"T- C^ZUQ. ‘^l^JoUO, r^jx^o lAo AiA-_SU 3ah<j£^ vo ^ckxvojCi (A£. AaU4 ^Qa LOG# PROOFED BY: NSC INT ARS SYSTEM (PRS URGENT NOT PROOFED: A/0 DOCLOG BYPASSED WW DESK: lb DISPOSITION SEQUENCE TO Cosgriff Rice Davies Kerrick Steinberg Berger Situation Room zQ'S+'i^. I West Wing Desk B- I Records Mgt. D t N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: Exec Sec Office has disket National Security Council The White House ¥ 5 INITIAL/DATE - •» LOG# PROOFED BY: NSC INT ARS SYSTEM (Pi URGENT NOT PROOFED: A/O DOCLOG BYPASSED WW DESK: DISPOSITION INITIAUDATE SEQUENCE TO Cosgriff Rice Davies rg)<r/A3 s. Kerrick Steinberg Berger Situation Room £ 2, West Wing Desl Records Mgt. N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: Qua ’97 SEP 23 p« 7:21 National Security Council The White House ) Exec Sec Office has diskette LOG»_ PROOFED BY: NSC INT ARS SYSTEM (PRS URGENT NOT PROOFED: A/O DOCLOG BYPASSED WW DESK: DISPOSITION SEQUENCE TO Cosgriff Rice Davies A Kerrick Steinberg Berger Situation Room I West Wing Desk I 1 -29 Records Mgt. D N = No Further Action R = Retain I = Information D = Dispatch A = Action cc: COMMENTS: Exec Sec Office has disket' j I National Security Council The White House A':'-. INITIAL/DATE 42^ LOG # t PROOFED BY: NSC INT ARS URGENT NOT PROOFED: SYSTEM (Pl AJO DOCLOG BYPASSED WW DESK: DISPOSITION INITIAUDATE SEQUENCE TO Cosgriff Rice I Davies Kerrick Steinberg / Berger Situation Room r> 2, West Wing Desl Records Mgt. N = No Further Action R = Retain I = Information D = Dispatch A = Action cc: COMMENTS: ?97SEP23p« 7:21 Exec Sec Office has diskette National Security Council The White House > _ • \ na. ____ _ . ctS a_ <kxi. U<.«\ *-A THE WHITE HOUSE WA S HI N GTO N \ o—«Q s: 4^° - G 9 cu VO \^CXx2>‘OJCt OC£. -UU4 t'YXj S. S3 , rwv^'^G^. \kj\V4_9 o't'r- Vo ^Vjlaj^xA • u<_) t- re_©ev--a- ^TSu-ZusXi&^-A \A\<Lv>r-<1 i^c^^uA ux\ cvR?r^ ojA\ g&- GA^fe A 6AO V, O CMLer-tvcSa^V AJ- ^Q.l>eo&A nx—-1 \ C cO A . . GsJC^Xj^jIXi v c PCXjL ^AxAu AgAJ, ,\0^_ rr-j^o irA-O sL^_^> '\SV_A.--SU September 26, 1997 SUBJECT: interstate, or local provision respecting control and abateme of solid waste or hazardous waste disposal that would require (a) imply that in the absence / lx] llUXUJU J. fiZULtOCL— 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. THE WHITE HOUSE WASHINGTON 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 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 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. 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.97-35___________ 6404 THE WHITE HOUSE WASHINGTON September 25, 1997 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH: THE EXECUTIVE CLERK FROM: SAMUEL R. BERGE SUBJECT: Purpose Background While ruling cc: Vice President Chief of Staff Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake Continuation of this exemption does not prejudge our review of the health and environmental record at the Air Force location. General Kerrick and Jamie Baker are scheduled to visit the 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." You have twice issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force location 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 27. 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. That ruling remains under appeal. In the interim, Deputy Secretary of Defense Hamre and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information. EPA Administrator Browner and the Department of Justice's Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded to exempt the location only from disclosure requirements and not from applicable environmental standards. *» 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 location in mid-October. As you know, Secretary Cohen is also taking an interest in the matter. We will report back to you, and to Bill, after General Kerrick's trip. 09/22/97 MON 18:45 FAX 7036939355 SAP GC @002 I 50’ 2 6 SEP 1097 MEMORANDUM FOR SUBJECT: Attachment: SECAF Memo PRESIDENT CLINTON THROUGH: MR. BERGER DEPUTY SECRETARY OF DEFENSE 1OIO DEFENSE PENTAGON WASHINGTON. DC 20301-1010 /' I 1 I note that EPA Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. as On September 28, 1996, 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. Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada SAF GC @003 1 SEP I 9 !997 MEMORANDUM FOR THE DEPUTY SECRETARY OF DEFENSE < SUBJECT: PURPOSE: Protect classified information concerning the operating location near Groom Lake ft FROM: SECRETARY OF THE AIR FORCE, SHEILA E. WIDNALL Prepared by: Mr. Slater, SAF/GC, 697-4406 As discussed in the memoranda requesting the exemption the last two years, the activities undertaken at the operating location near Groom Lake are crucial to national security. The nature of the activities requires that virtually all information about the location remain classified. To protect national security in the pending litigation, I have made a formal claim of the military and state secrets privilege, which the court has found procedurally and substantively proper. In the ruling at issue, the court nonetheless held that classified information must be produced pursuant to the public disclosure provisions of Section 3007(b) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6927(b), unless an exemption is granted by the President pursuant to Section 6001(a) of RCRA, 42 U.S.C. § 6961(a). EP A, through briefs filed by the Justice Department, has contested that construction, arguing that RCRA is properly interpreted as not mandating disclosure of classified information, which is consistent with other statutes, the common law, and separation of powers considerations. That issue is now on appeal. To protect classified information concerning the operating location near Groom Lake while the issue is litigated, the President granted such an exemption on September 29, 1995, which he renewed on September 28, 1996. To ensure continued protection of the information during the appeal process, a further renewal is required now. SECRETARY OF THE AIR FORCE WASHINGTON 09/22/97 MON 18:45 FAX 7036939355 •* DISCUSSION: I recommend and request that you seek from the President a renewal of the exemption he issued on September 28, 1996, protecting from public disclosure classified information concerning an Air Force operating location near Groom Lake in the Nellis Range Complex in Nevada. By statute, the exemption granted last year is effective for one year, unless renewed. The exemption was prompted by a judicial decision in a lawsuit against the Environmental Protection Agency, Kasza v. Browner, which is now on appeal to the U.S. Court of Appeals for the Ninth Circuit. In the meantime, continued protection through a renewed exemption is necessary. Renewal of Presidential Exemption for Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada - ACTION MEMORANDUM s 09/22/97 MON 18:46 FAX 7036939355 SAF GC @004 makes clear that other environmental obligations are not diminished. We ask that the exemption OSD/GC RECOMMENDATION: I recommend you send to the President the enclosed memorandum and proposed Presidential Determination. DEPSECDEF DECISION: ___________Approved ___________Disapproved ___________ Other Attachment: A/S COORDINATION. As was true last year, EP A Administrator Browner concurs in this request for exemption, as does the Department of Justice’s Environment and Natural Resources Division, which is defending EPA in the pending litigation. The text of the proposed exemption is the same as that granted last year. It exempts the Air Force s operating location near Groom Lake from any provision of hazardous waste law that might require disclosure of classified information concerning the operating location. It also makes clear that other environmental obligations are not diminished. We ask that the exemption be executed and made effective on (but in all events not later than) September 28, 1997, the one- year anniversary of the previous exemption. 09/22/97 MON 18:47 FAX 7036939355 SAF GC @005 SUBJECT: 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 Presidential Determination on Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada 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 Au- Force’s operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No. 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- 7I4-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. September 24, 1997 ACTION MEMORANDUM FOR SAMUEL R. BERGER THROUGH: ALAN KRECZKOi FROM: J7XMES E. BAKE: SUBJECT: Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. Continuation of RCRA Exemption for Operating Location Near Groom Lake :r'C'' NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Tab I Tab A Tab B Subsequent to receiving concurrence on the attached memorandum to the President, we have added a paragraph noting that execution of this determination does not prejudge our review of the health record and current conditions at the location and that you will report back to the President after General Kerrick's trip. Attachments Memorandum for the President Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense The President has twice 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. Bob Bell and David Sandalow With the concurrence of EPA and Justice, the Deputy Secretary of Defense is recommending that the President renew the exemption. Katie McGinty concurs as well. 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 27. 6404 Redo 09/22/97 MON 18:45 FAX 7036939355 SAF GC ®001 FACSIMILE COVER SHEET DATE: 5 COMMENTS: PAGES INCLUDING THIS COVER PAGE: I CERTIFY THAT THE MATERIAL BEING TRANSMITTED IS UNCLASSIFIED AND FOR OFFICIAL USE ONLY AIR FORCE GENERAL COUNSEL SAF/GC 1740 AIR FORCE PENTAGON WASHINGTON, DC 20330-1740 FROM: COMPANY: SAF/GC PHONE: 703-697-0941 (DSN: 2270941) FAX: 703-693-9355 (DSN: 223-9355) TO: BaJCefL Company: Phone: Fax: SUBJECT: 6404 THE WHITE HOUSE ’97 SEP24am8.'27 WASH I NGTON September 24, 1997 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH:THE EXECUTIVE CLERK FROM:SAMUEL R. BERGER SUBJECT: Purpose Background Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake 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." cc: Vice President Chief of Staff You have twice issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force location 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 27. 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. That ruling remains under appeal. In the interim. Deputy Secretary of Defense Hamre and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information. EPA Administrator Browner and the Department of Justice's Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded to exempt the location only from disclosure requirements and not from applicable environmental standards. 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 THE WHITE HOUSE WASH INGTON Presidential Determination No. SUBJECT: The Secretary of the Air Force is authorized and directed to publish this Determination in the Federal Register. Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada 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. 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. MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE DEPUTY SECRETARY OF DEFENSE 1010DEFENSEPENTAGON WASHINGTON. DC 20301-1010 2 0 SEP 1997 MEMORANDUM FOR PRESIDENT CLINTON THROUGH: MR. BERGER SUBJECT: Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada On September 28, 1996, 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. I note that EPA Administrator Browner and the Justice Department's Environment and Natural Resources Division concur in this recommendation. Attachment: SECAF Memo SECRETARY OF THE AIR FORCE WASHINGTON MEMORANDUM FOR THE DEPUTY SECRETARY OF DEFENSE FROM: SECRET ARY OF THE AIR FORCE, SHEILA E. WION Prepared by: Mr. Slater, SAF/GC, 697-4406 SEP I 9 1997 SUBJECT: Renewal of Presidential Exemption for Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada - ACTION MEMORANDUM PURPOSE: Protect classified information concerning the operating location near Groom Lake DISCUSSION: I recommend and request that you seek from the President a renewal of the �xemption he issued on September 28, 1996, protecting from public disclosure classified information concerning an Air Force operating location near Groom Lake in the Nellis Range Complex in Nevada. By statute, the exemption granted last year is effective for one year, unless renewed. The exemption was prompted by a judicial decision in a lawsuit against the Environmental Protection Agency, Kasza v. Browner, which is now on appeal to the U.S. Court of Appeals for the Ninth Circuit. In the meantime, continued protection through a renewed exemption is necessary. As discussed in the memoranda requesting the exemption the last two years, the activities undertaken at the operati ng location near Groom Lake are crucial to national security. The nature of the activities requires that virtually all information about the location remain classified. To protect national security in the pending litigation, I have made a formal claim of the military and state secrets privilege, which the court has found procedurally and substantively proper. In the ruling at issue, the court nonetheless held that classified information must be produced pursuant to the public disclosure provisions of Section 3007(b) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6927(b), unless an exemption is granted by the President pursuant to Section 6001(a) ofRCRA, 42 U.S.C. § 696l(a). EPA, through briefs filed by the Justice Department, has contested that construction, arguing that RCRA is properly interpreted as not mandating disclosure of classified information, which is consistent with other statutes, the common law, and separation of powers considerations. That issue is now on appeal. To protect classified information concerning the operating location near Groom Lake while the issue is litigated, the President granted such an exemption on September 29, 1995, which he renewed on September 28, 1996. To ensure continued protection of the information during the appeal process, a further renewal is required now. The text of the proposed exemption is the same as that granted last year. It exempts the Air Force's operating location near Groom Lake from any provision of hazardous waste law that might require disclosure of classified information concerning the operating location. It also makes clear that other environmental obligations are not diminished. We ask that the exemption be executed and made effective on (but in all events not later than) September 28. 1997, the one­ year anniversary of the previous exemption. COORDINATION: As was true last year, EPA Administrator Browner concurs in this request for exemption, as does the Department of Justice's Environment and Natural Resources Division, which is defending EPA in the pending litigation. OSDIGC _____ _ RECOMMENDATION: I recommend you send to the President the enclosed memorandum and proposed Presidential Determination. Attachment: NS DEPSECDEF DECISION: _____ Approved Disapproved ----- Other ----- SUBJECT: The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. 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 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. 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 Au- Force’s operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No. 6404 September 22, 1997 ACTION THROUGH: FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Continuation of RCRA Exemption for Operating Location Near Groom Lake Tab I Tab A Tab B TUAN KRECZKOp^ JAMES E. BAKER2"4 Katie McGinty concurs in this recommendation. <-------- Bob Bell and David Sandalow 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 exemption. As with last year's exemption, the continuation expressly notes that it is not intended to limit the applicability or enforcement of any reguirement 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 27. The President has twice 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. MEMORANDUM FOR SAMUEL R. BERGER © 6404 THE WHITE HOUSE WASH INGTON ACTION MEMORANDUM FOR THE PRESIDENT THE EXECUTIVE CLERK THROUGH: SAMUEL R. BERGER FROM: SUBJECT: Purpose Background n^ . la cc: Vice President Chief of Staff Tiublic disclosure d inventory of hazardous under the Resource t-RA) protecting from disclosure nc an Air Force location near To continue to exempt the Air Force from requirements concerning the inspection ad waste at the Air Force "operating location near Groom Lake." Presidential Determination on RCRA Exemption for the Operating Location at Groom Laxe McGint/. word' and/ protectio: Browner a Resource's Divisio: As with You have twice issued an exempt! Conservation and Recovery Act classified information concer By statute, the exemption is effective for As a result, the attached exemption ier 27. The exemption was necessitated While ruling Groom Lake, Nevada. one year, unless renewed. should be signed by Septe by litigation over RCRA/Compliance at the facility, that the information izi 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 rentains under appeal. In the interim, -Ht^Deputy Secretary of .-Defense Hamre and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued /for national security information. EPA Administrator dVDepartment of Justice^ Environmental and Natural ‘ ■ ‘concur in this recommendation as does Katie ast year's exemption, the attached document is A to exempt the location only from disclosure requirements ot from applicable environmental standards. Hasman, Thomas M. Subject: Records Management will be dispatching this RD today. 1 This is to inform you that through the White House Executive Clerk, package 6404 "Presidential Determination on RCRA Exemption for the Operating Location at GRoom Lake" was signed by the President on Friday, September 26, 1997. Hasman, Thomas M. Monday, September 29, 1997 10:21 AM Baker, James E.; Kreczko, Alan J.; Bell, Robert G.; Sandalow, David B. ©CROSS - Cross Hatches; ©WWD - West Wing Desk; ©UP - APNSA Special Assistants; ©ENVIRON - Environmental; ©LEGAL - Legal Advisor; ©DEFENSE - Defense Policy Package 6404 - PD on RCRA Exemption for the Operating Location at Groom Lake [UNCLASSIFIED] From: Sent: To: Cc: DATETIME SIGNATURE EXTERNAL DISTRIBUTION: PRINT LAST NAME: COPY: ORIGINAL + 1 PRINT LAST NAME: COPY: 2 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 INTL SECURITY AFFAIRS ROOM 10002 NEOB OFFICE OF MANAGEMENT & BUDGET MR. TIM SAUNDERS ROOM 5 OEOB WH EXECUTIVE CLERK MS. RYAN CONROY ROOM 5945, NEW STATE 2201 C STREET, NW WASHINGTON, DC 20523 AGENCY FOR INTL DEVELOPMENT SUBJECT: PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR DOCUMENT CLASSIFICATION: UNCLASSIFIED MS. CAROL M. BROWNER VIA ROOM 1135, WEST TOWER 401 M STREET, SW WASHINGTON, DC 20460 ENVIRONMENTAL PROTECTION AGENCY LOG 9706404 DATE 26 SEP 97 DATE, TIME, SIGN THE RECEIPT AND RETURN TO: NSC RECORDS MGNT, ROOM 379 OEOB PAGE 01 OF 01 PAGES MR. WILLIAM J. BURNS ROOM 7224, MAIN STATE 2201 C STREET, N.W. WASHINGTON, D.C. 20520 DEPARTMENT OF STATE