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2006-0527-F FOI MARKER Document ID: 9806405 Row: 47 Shelf: 2 Position: 2 Stack: v 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: 3269 f* » CHRON FILE FROM: PRESIDENT ACCESS KEYWORDS: PERSONS: SUBJECT: DUE DATE: 23 SEP 98 STATUS: C ACTION: PRESIDENT SGD PD 98-36 LOGREF: 9507055 9507092 STAFF OFFICER: BAKER CODES: FILES: WHNSCP: DISTRIBUTION DOCUMENT FOR ACTION FOR CONCURRENCE COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY 4 OF 4 DOC CLOSED BY: NSGP OPENED BY: NSJWF UNCLASSIFIED LEGAL ISSUES PD TO: BROWNER, C PETERS, F W UNCLASSIFIED NSC/RMO PROFILE PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE DOC DATE: 25 SEP 98 SOURCE REF: RECORD ID: 9806405 RECEIVED: 17 SEP 98 14 FOR INFO BAKER NSC CHRON » RECORD ID: 9806405 CAO ASSIGNED ACTION REQUIRED DOC ACTION OFFICER DISPATCH DATA SUMMARY REPORT DISPATCH FOR INFO DISPATCH FOR ACTION DOC DATE UNCLASSIFIED 980924 980924 980925 980925 980925 980925 Z Z Z X 003 003 004 004 004 004 BROWNER, C PETERS, F W UNCLASSIFIED ACTION DATA SUMMARY REPORT VICE PRESIDENT WH CHIEF OF STAFF KENNEY, K CONROY, R DUSAULT, P SAUNDERS, T 98091714 PREPARE MEMO FOR BERGER 98092413 FWD TO PRESIDENT FOR SIGNATURE 98092413 FOR SIGNATURE 98092809 PRESIDENT SGD PD 98-36 001 BAKER 002 BERGER 003 PRESIDENT 004 PROOFED BY: URGENT NOT PROOFED: DOCLOG BYPASSED WW DESK: DISPOSITION INITIAUDATE SEQUENCE TO Cosgriff i Rice I Davies Kerrick Steinberg Berger Situation Room £ West Wing Desk Records Mgt. N = No Further Action : R = Retain D = Dispatch I = Information A = Action cc: 'Z; f<i< i ^5 COMMENTS: 9 Exec Sec Office has diskette National Security Council The White House a ± LOG# SYSTEM ZpRS> NSC INT ARS A/O AjZid- .■U-y+J'' THE WHITE HOUSE WASHINGTON September 25, 1998 Presidential Determination No. 98-36 MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SUBJECT: THE SECRETARY OF THE AIR FORCE 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. The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. ACTION NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 September 23, 1998 MEMORANDUM FOR SAMUEL R. BERGER FROM: SUBJECT: JAMES E . BAKER.:f:> Continuation of RCRA Exemption for Operating Location Near Groom Lake 6405 Since 1995, the President has 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, unless renewed. 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 25. In response to questions from the President, you requested that Defense, CIA and Energy review certain questions with respect to the Operating Location. A summary of this review was sent to the President in August, and is presently with John Podesta. Execution of this determination would not prejudge the President's satisfaction with this review. _____ --20 � Concurrence by: Joe Bouchard and David Sandalow RECOMMENDATION That you sign the attached memorandum to the President. Attachments Tab I Memorandum for the President Tab A Presidential Determination Tab B Incoming Correspondence 6405 ACTION 98 SEP 23 PM 1:14 MEMORANDUM FOR THE PRESIDENT THE EXECUTIVE CLERK THROUGH: SAMUEL R. BERGER FROM: SUBJECT: Purpose To continue Background President THE WHITE HOUSE WASH INGTON Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake Deputy Secretary of Defense Hamre and Acting Secretary of the Air Force Peters recommend that you renew the exemption to provide continued protection for national security information. EPA Admi ni strator 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 to exempt the location only from disclosure requirements and not from applicable environmental standards. cc: Chief of Staff Since 1995, you have issged 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 25. 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. On appeal, the circuit court declined to reach this issue and, consequently, an exemption continues to be required. 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." PS FROM: HAMRE, J ACCESS PERSONS: RENEWAL OF PRES EXEMPTION - RCRA - FOR CLASSIFIED INFO RE GROOM LAKE SUBJECT: STATUS: S DUE DATE: 23 SEP 98 ACTION: PREPARE MEMO FOR BERGER 9507092 LOGREF: 9507055 STAFF OFFICER: BAKER CODES: NSCP: FILES: WH DISTRIBUTION DOCUMENT FOR INFO FOR CONCURRENCE t COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY 1 OF 1 DOC CLOSED BY: OPENED BY: NSJWF UNCLASSIFIED KEYWORDS: LEGAL ISSUES PD UNCLASSIFIED NSC/RMO PROFILE TO: PRESIDENT BERGER RECORD ID: 9806405 RECEIVED: 17 SEP 98 14 FOR ACTION BAKER DOC DATE: 15 SEP 98 SOURCE REF: