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2006-0527-F FOI MARKER Document ID: 9800538 Row: 45 Stack: v Section: 4 Shelf: 4 Position: 3 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Original OA/1D Number: 2011 SUBJECT/TITLE DATE RESTRICTION 001a. memo 01/31/1998 Pl/b(l) 001b. email 01/27/1998 P6/b(6) 001c. memo ca. 1/1998 Pl/b(l) 00Id. memo ca. 1/1998Pl/b(l) Presidential Records Act - [44 U.S.C. 2204(a)[ FOLDER TITLE: 9800538 2006-0527-F ds218 DOCUMENT NO. AND TYPE b(l) National security classified information [(b)(1) of the FOIA| b(2) Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] b(3) Release would violate a Federal statute [(b)(3) of the FOIA) b(4) Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA| b(6) Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA) b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA| Joseph F. Bouchard to Joan S. Hunerwadel Re: Report to Congress [partial] (1 page) Pl National Security Classified Information [(a)(1) of the PRA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] P3 Release would violate a Federal statute [(a)(3) of the PRA| P4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA| PS Release would disclose confidential advice between the President and his advisors, or between such advisors [a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA] Samuel R. Berger & Larry Stein to The President Re: Report to Congress (2 pages) Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. Withdrawal/Redaction Sheet Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 51]) OA/Box Number: 2011 RESTRICTION CODES Freedom of Information Act - [5 U.S.C. 552(b)] r % FROM: PRESIDENT KEYWORDS: LEGAL ISSUES CONGRESSIONAL PERSONS: SUBJECT: ACTION: PRESIDENT SGD LTRS DUE DATE: 29 JAN 98STATUS: C STAFF OFFICER: BAKER LOGREF: FILES: PA NSCP:CODES: DOCUMENTDISTRIBUTION FOR ACTIONFORCONCURRENCE \) COMMENTS: DISPATCHED BY THE WH EXECUTIVE CLERK DISPATCHED BY DATE BY HAND W/ATTCH OPENED BY: NSTTSCLOSED BY: NSDRS3 -ftffeser TO: GINGRICH, NEWT GORE, A RPT TO CONGRESS ON PRES EXEMPTION CONCERNING OPERATING LOCATION NEAR GROOM LAKE RECORD ID: 9800538 RECEIVED: 23 JAN 98 19 DOC DATE: 31 JAN 98 SOURCE REF: FOR INFO BAKER BOUCHARD FICKLIN NSC CHRON RUDMAN SANDALOW * SECRET NSC/RMO PROFILE DOC 3 OF DECLASSIFIED E.0.12958, As Amended, White House Guidelines, August 28.1997 ByVmS NARA,Date Whl «• RECORD ID: 9800538 DOC ACTION OFFICERCAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DATEDISPATCH FOR INFO DOC DISPATCH FOR ACTION SECRET 003 003 980131 980131 Z Z X X 98012917 FWD TO PRESIDENT FOR SIGNATURE 98013112 FOR SIGNATURE 98020413 PRESIDENT SGD PER WH EXEC CLERK 98020413 PRESIDENT SGD LTRS RGINF GORE, A SECRET­ ACTION DATA SUMMARY REPORT 001 BERGER 002 PRESIDENT 002 003 v^flriTr*F ~ house GTon the W*SH|N •^vj ( CT" PROOFED BY: LOG# URGENT NOT PROOFED: SYSTEI BYPASSED WW DESK: DOCLOG' A/O b SEQUENCE TO INITIAL/DATE DISPOSITION Cosgriff Ma Rice Davies 2- Kerrick Steinberg Berger Situation Room 1 V West Wing Desk Records Mgt. 1 Aj A = Action I = Information D = Dispatch R = Retain cc: COMMENTS: Exec Sec Office has diskette 3 1 National Security Council The White House : iS ) NSC INT ARS AJ T/Yv^ “2 N = No Further Action 7? l -A /J cJu h. zM Qa-^31 Log # C ' -> -/f il^ TO Fm To Date Date . s CK~ - ... Uo — ADDITIONAL COMMENTS r THE WHITE HOUSE WASHINGTON January 31, 1998 Dear Mr. Speaker: Sincerely, A 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 26, 1997, I issued Presidential Determination No. 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. 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 infor­ mation to unauthorized persons, but rather to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January 8, 1998). The Determination also was not intended to limit the applica­ bility 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. Presidential Determination No. 97-35 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 Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515 Vsj UAxua. C). (JZuwtou--. THE WHITE HOUSE WASHINGTON January 31, 1998 Sincerely, Jr. 20510 The Honorable Albert Gore, President of the Senate Washington, D.C. 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 26, 1997, I issued Presidential Determination No. 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. 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 infor­ mation to unauthorized persons, but rather to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January 8, 1998). The Determination also was not intended to limit the applica­ bility 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. Presidential Determination No. 97-35 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. UIA2ujul_/J. (J/OaaXtxu- Dear Mr. President: THE WHITE HOUSE WASHINGTON September 26, 1997 Presidential Determination No. 97-35 MEMORANDUM FOR THE ADMINISTRA'roR OF THB ENVIRONMENTAL PROTECTION AGENCY SU'BJBCT: THB SECRETARY OP THE AIR FORCE Presidential Dete%'Ulination on.Classified 'Information Concernin� the Air Force'• Operating Lo�ation Near Groom Lake, Nevada I find that it is in the.paramount interest �f the united States ·co exempt the O'nited Stat•• Air Fore•'• operating location near Groom Lake, Nevada (the arul)ject of litigation in gasza v . Browner (D. Nev, CV-S-,4-79S-PMP) and Frpat v. Perry (D. Nev. CV-S-94-714-PMP)), f rom any applicable requirement for the diaclo■ure to unauthorized per•ona of classified information concerning that operating loc:ation. Therefore, purauant to •:a t7.s.c. ,,s.1(a), I here.by exempt the Air Porce-'c operating loc::ation near Groom L&Jce, Nevada, from any Federal, State, interstate, or local provision respecting control and abatement of solid waste ·or hazardou■ waste disposal th.Ac would require the clieelaeure of claaeified info�tion concerning that operating location to any unauthorized person. This exemption ahall be effective tor the full one-year statutory period. Nothing herein is intended to: (a) imply that in the abaenca of auch a Praaidential exe%11ption, the Resource Conservation az,.d Recovery Act (ROA) or any other provision of law permit• or require• diaclosure of elaasified information to unauthorized persons; or Cb) limit the appli�ability or enforcement of any requirement ot·law applicable to the Air Porce's operating location near 'Groom Lake, Nevada, except thos e prov i.ei�n• ,. if any, that '410Uld require the diaeloaura of classified information. The Secretary of the Air Force is authorized and directed to publish this determination.in the federal Register. THE WHITE HOUSE Office of the Press Secretary February 2, 1998 For Immediate Release January 31, 1998 (Dear Mr. President:) Dear Mr. Speaker: Sincerely, WILLIAM J. CLINTON # # # TEXT OF A LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE 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 infor­ mation to unauthorized persons, but rather to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January 8, 1998). The Determination also was not intended to limit the applica­ bility 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 26, 1997, I issued Presidential Determination No. 97-35 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Presidential Determination No. 97-35 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. SUBJECT/TITLE DATE RESTRICTION 001a. memo 01/31/1998 Pl/b(l) Presidential Records Act - [44 U.S.C. 2204(a)! FOLDER TITLE: 9800538 DOCUMENT NO. AND TYPE 2006-0527-F ds218 Pl National Security Classified Information ((a)(1) of the PRA] P2 Relating to the appointment to Federal office 1(a)(2) of the PRA] P3 Release would violate a Federal statute ((a)(3) of the PRA| P4 Release would disclose trade secrets or confidential commercial or financial information 1(a)(4) of the PRA] PS Release would disclose confidential advice between the President and his advisors, or between such advisors (a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA] Samuel R. Berger & Larry Stein to The President Re: Report to Congress (2 pages) b(l) National security classified information ((b)(1) of the FOIA] b(2) Release would disclose internal personnel rules and practices of an agency ((b)(2) of the FOIA] b(3) Release would violate a Federal statute ((b)(3) of the FOIA] b(4) Release would disclose trade secrets or confidential or financial information ((b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA| b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA| b(8) Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells ((b)(9) of the FOIA| Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 511) OA/Box Number: 2011 RESTRICTION CODES Freedom of Information Act - (5 U.S.C. 552(b)| C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. JAN 2 ? 1998 JAN 2811:13 Attachment: a/s MEMORANDUM FOR THE PRESIDENT THROUGH THE NATIONAL SECURITY ADVISOR IF 50* 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). 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. SUBJECT: Congressional Notification of Presidential Exemption under 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 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 26, 1997, in Presidential Determination 97-35, which protects classified information concerning the Air Force’s operating location near Groom Lake, Nevada, from ublic disclosure. The enclosed report provides notice to Congress of the exemption. 0538 January 29, 1998 ACTION MEMORANDUM FOR SAMUEL R. BERGER FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the memorandum to the President at Tab I. Joe Bouchard, Mara Rudman and David Sandalow JAMES BAKER^ NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 The 9th Circuit upheld the validity and scope of the President's exemption, but declined to address the Government's argument that an exemption is not required because criminal statutes already preclude disclosure of classified information. The report should be submitted to Congress no later than January 31. UNCLASSIFIED WITH SE6REIP ATTACHMENT UNCLASSIFIED WITH 0ECR-EAT ATTACHMENT- 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 Under the Resource Conservation and Recovery Act (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 third such report during this Administration. The language is consistent with earlier reports with the addition of language noting the 9th Circuit's January 8 ruling that the litigation giving rise to the President's exercise of the exemption is moot. Report to Congress on Presidential Exemption I Concerning the Operating Location Near Groom Lake SUBJECT/TITLE DATE RESTRICTION 001b. email 01/27/1998 P6/b(6) Presidential Records Act - |44 U.S.C. 2204(a)] FOLDER TITLE: 9800538 2006-0527-F ds218 DOCUMENT NO. AND TYPE Pl National Security Classified Information ((a)(1) of the PRA] P2 Relating to the appointment to Federal office 1(a)(2) of the PRA] P3 Release would violate a Federal statute 1(a)(3) of the PRA] P4 Release would disclose trade secrets or confidential commercial or financial information ((a)(4) of the PRA] P5 Release would disclose confidential advice between the President and his advisors, or between such advisors |a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy ((a)(6) of the PRA] Joseph F. Bouchard to Joan S. Hunerwadel Re: Report to Congress [partial] (1 page) b(l) National security classified information [(b)(1) of the FOIA| b(2) Release would disclose internal personnel rules and practices of an agency ((b)(2) of the FOIA] b(3) Release would violate a Federal statute ((b)(3) of the FOIA] b(4) Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy ((b)(6) of the FOIA] b(7) Release would disclose information compiled for law enforcement purposes 1(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 51]) OA/Box Number: 2011 C. Closed in accordance with restrictions contained in donor’s deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. RESTRICTION CODES Freedom of Information Act - (5 U.S.C. 552(b)] Hunerwadel, Joan S. Coo /t J I clear for Defense Policy. (b)(6) Joe Bouchard Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » Bouchard, Joseph F. Tuesday, January 27,1998 7:31 AM Hunerwadel, Joan S. RE: Report to Congress re Groom Lake [UNCLASSIFIED] From: Sent: To: Subject: —Original Message---- Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January This has to be submitted to Congress no later than January 31. David, Jamie said you would be ciearning for CEQ as well. From: Sent: To: Subject: Hunerwadel, Joan S. I clear (for NSC/Environment and CEQ). Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » i From: Sent: To: Subject: Sandalow, David B. Wednesday, January 28, 1998 10:32 AM Hunerwadel, Joan S.; Bouchard, Joseph F.; Rudman, Mara E. RE: Report to Congress re Groom Lake [UNCLASSIFIED] Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January. This has to be submitted to Congress no later than January 31. David, Jamie said you would be ciearning for CEQ as well. From: Sent: To: Subject: ----Original Message----- Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] 4 Hunerwadel, Joan S. We're fine with it. Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » 1 Rudman, Mara E. Tuesday, January 27, 1998 8:37 PM Hunerwadel, Joan S. Bouchard, Joseph F.; Sandalow, David B.; ©LEGISLAT - Legislative Affairs RE: Report to Congress re Groom Lake [UNCLASSIFIED] Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January. This has to be submitted to Congress no later than January 31. David, Jamie said you would be ciearning for CEQ as well. From: Sent: To: Cc: Subject: —Original Message— From: Sent: To: Subject: ► Hunerwadel, Joan S. I clear (for NSC/Environment and CEQ). Thanks for your help. « File: 0538ag.doc » « File: 0538bc.doc » « File: 0538ng.doc » « File: 0538sb.doc » i Hunerwadel, Joan S. Monday, January 26, 1998 8:31 PM Bouchard, Joseph F.; Rudman, Mara E.; Sandalow, David B. Report to Congress re Groom Lake [UNCLASSIFIED] Sandalow, David B. Wednesday, January 28, 1998 10:32 AM Hunerwadel, Joan S.; Bouchard, Joseph F.; Rudman, Mara E. RE: Report to Congress re Groom Lake [UNCLASSIFIED] Could we please have your clearance on the attached report to Congress no later than OOB Wednesday, 28 January. This has to be submitted to Congress no later than January 31. David, Jamie said you would be ciearning for CEQ as well. From: Sent: To: Subject: —Original Message— From: Sent: To: Subject: SUBJECT/TITLE DATE RESTRICTION 001c. memo ca. 1/1998 Pl/b(l) Presidential Records Act - [44 U.S.C. 2204(a)] DOCUMENT NO. AND TYPE FOLDER TITLE: 9800538 2006-0527-F ds218 Pl National Security Classified Information [(a)(1) of the PRA| P2 Relating to the appointment to Federal office [(a)(2) of the PRA] P3 Release would violate a Federal statute [(a)(3) of the PRA| P4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA[ PS Release would disclose confidential advice between the President and his advisors, or between such advisors |a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of the PRA| b(l) National security classified information [(b)(1) of the FOIA| b(2) Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA[ b(3) Release would violate a Federal statute ((b)(3) of the FOIA| b(4) Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions 1(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 511) OA/Box Number: 2011 RESTRICTION CODES Freedom of Information Act - [5 U.S.C. 552(b)] C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. SVBJECT/TITLE DATE RESTRICTION 00Id. memo ca. 1/1998 Pl/b(l) Presidential Records Act - [44 U.S.C. 2204(a)! FOLDER TITLE: 9800538 2006-0527-F ds218 DOCUMENT NO. AND TYPE Pl National Security Classified Information 1(a)(1) of the PRA] P2 Relating to the appointment to Federal office ((a)(2) of the PRA| P3 Release would violate a Federal statute [(a)(3) of the PRA! P4 Release would disclose trade secrets or confidential commercial or financial information [(a)(4) of the PRA] P5 Release would disclose confidential advice between the President and his advisors, or between such advisors (a)(5) of the PRA] P6 Release would constitute a clearly unwarranted invasion of personal privacy 1(a)(6) of the PRA] b(l) National security classified information [(b)(1) of the FOIA] b(2) Release would disclose internal personnel rules and practices of an agency 1(b)(2) of the FOIA] b(3) Release would violate a Federal statute 1(b)(3) of the FOIA] b(4) Release would disclose trade secrets or confidential or financial information ((b)(4) of the FOIA] b(6) Release would constitute a clearly unwarranted invasion of personal privacy 1(b)(6) of the FOIA] b(7) Release would disclose information compiled for law enforcement purposes 1(b)(7) of the FOIA] b(8) Release would disclose information concerning the regulation of financial institutions 1(b)(8) of the FOIA] b(9) Release would disclose geological or geophysical information concerning wells 1(b)(9) of the FOIA] Samuel R. Berger & Larry Stein to The President Re: Report to Congress (1 page) Withdrawal/Redaction Marker Clinton Library COLLECTION: Clinton Presidential Records NSC Records Management ([Area 511) OA/Box Number: 2011 C. Closed in accordance with restrictions contained in donor's deed of gift. PRM. Personal record misfile defined in accordance with 44 U.S.C. 2201(3). RR. Document will be reviewed upon request. RESTRICTION CODES Freedom of Information Act - (5 U.S.C. 552(b)] k THE WHITE HOUSE WASH INGTON Dear Mr. President: der Sincerely, the Enclosure those provisions, if classified informati to imply that in the absence ' any other provision of law of classified information to Senate 20515 zecurity. ore, in the paramount The Honorable Albert - Gore President of thj Washington, D._ evada from any ,dr solid waste ified information ized 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, ther interest of the United States. / Presidential Determination No. 97-35 exempted the/United States Air Force's operating location near Groom Lake, Federal, State, interstate, or local hazardous laws that might require the disclosure of cla^ concerning that operating location to unauth Consistent with section 6001(a) of the Resource Conservation and Recovery Act (RCRA) (the "Act"), as amended, 42 U.S.C. §76961 (a) , notification is hereby given that on September 26, 1997/ I issued Presidential Determination 97-35 (copy attached) and t/ereby exercised the authority to grant certain exemptions section 6001(a) of the Act. The Determination was not intended of a Presidential exemption RCRA o: permits or requires the disclosure* unauthorized persons, but rather/to eliminate any potential uncertainty arising from a district court decision in pending litigation, Kasza v. Browner Mj. Nev. CV-S-94-795-PMP), the relevant appeal from which was subsequently dismissed as moot (9th Cir. Nos. 96-15535 and ,96-15537; decided January 8, 1998) . The Determination also way not intended to limit the applicability or enforcement of any requirement of law applicable to the Air Force's operaxing location near Groom Lake except y, that would require the disclosure of