9507055 — Page 2023

FOIA RELEASE

AI Summary

2006-0527-F FOI /A. MARKER Document ID: 9507055 I1 Row: 44 Position: 3 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Section: 6 Shelf: i Stack: v Original OA/ID Number: 605 FROM: PRESIDENT KEYWORDS: PD PERSONS: SUBJECT:PD 95 45 CONCERNING AIR FORCE OPERATIONS AT GROOM LAKE ACTION: PRES SGD PD 95-45 DUE DATE: 28 SEP 95STATUS: C STAFF OFFICER: KRECZKO LOGREF: FILES: PA NSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION EORCONCURRENCE CO

Key Findings

NARA NAID 297910680

OCR Text

2006-0527-F FOI /A. MARKER Document ID: 9507055 I1 Row: 44 Position: 3 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Section: 6 Shelf: i Stack: v Original OA/ID Number: 605 FROM: PRESIDENT KEYWORDS: PD PERSONS: SUBJECT:PD 95 45 CONCERNING AIR FORCE OPERATIONS AT GROOM LAKE ACTION: PRES SGD PD 95-45 DUE DATE: 28 SEP 95STATUS: C STAFF OFFICER: KRECZKO LOGREF: FILES: PA NSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION EORCONCURRENCE COMMENTS: DISPATCHED BY DATE BY HANDW/ATTCH OPENED BY: NSASK CLOSED BY: NSJWF DOC3 OF3 TOP- SECRET LEGAL ISSUES ENVIRONMENT TO: BROWNER, C WIDNALL, S DOC DATE: 29 SEP 95 SOURCE REF: PD95-45 RECORD ID: 9507055 RECEIVED: 25 SEP 95 10 FOR INFO KRECZKO NSC CHRON NSC/RMO PROFILE DECLASSIFIED E.0.12958, As Amended, White House Guidelines, August 28.1997 NARA, Date_§fr< < White House Guidelines, August 28,1997 RECORD ID: 9507055 Ry OmLNARA, Date DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED DISPATCH DATA SUMMARY REPORT DOCDATE DISPATCH FOR ACTION DISPATCH FOR INFO BROWNER, C WIDNALL, S 950927 950927 950929 950929 002 002 003 003 Z 95092618 FWD TO PRESIDENT FOR DECISION Z X VICE PRESIDENT WH CHIEF OF STAFF DUSAULT, P SAUNDERS, T 95092715 FOR SIGNATURE 95092916 PRES SGD PD 95-45 •T0P-SE6ftET DATA SUMMARY REPORT 001 LAKE 002 PRESIDENT 003 UELLrtJOii Luis E.0.12958, As Amended, t TOP ClWf 7055 WASHINGTON September 27, 1995 ACTION MEMORANDUM FOR THE PRE' DENT THROUGH: THE EXECUTIVE CLERK FROM: ANTHONY SUBJECT: Purpose Background CC: TOR-REGRETv CLINTON LIBRARY PHOTOCOPY To exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the "operating location near Groom Lake, Nevada." RCRA Exemption for the Operating Location at Groom Lake UNCLASSIFIED with ■TOD DECRET^ODDIi^eR^ Attachment DECLASSIFIED E.0.12958, As Amended, the white house White House Guidelines, August 28,1997 Ry P»M<NARA,Date SAi £7 UNCLASSIFIED with Attachment Lawsuits have been brought against EPA, the Air Force and other government officials for failure to enforce the requirements of the Resource Conservation and Recovery Act (RCRA) at a classified AF operating location near Groom Dry Lake Bed, Nevada (the operating location). Plaintiffs allege EPA failed to (1) conduct a RCRA inspection; (2) compile an inventory of wastes and (3) publicly disclose the inspection and inventory. Subsequent to this suit, the EPA, in agreement with the Air Force, conducted a RCRA inspection and compiled a RCRA inventory. The Air Force has committed to conducting its activities at the operating location in accordance with RCRA requirements. EPA agrees that annual RCRA inspections will be conducted at the operating location. On this basis, the district court has granted summary judgment for the Government regarding plaintiffs' inspection and inventory claims. The only remaining issue is RCRA's requirement of public disclosure of the inspection and inventory. The Secretary of the Air Force presented a classified affidavit to the Court explaining that public disclosure would compromise sensitive national security information. She explained that the presence of certial chemicals or chemical compounds could reveal military operational capabilities or the nature and scope of classified operations and could provide critical information on the makeup Vice Presrcfent Chief of Staff PHOTOCOPY WJC handwriting n rn 2 RECOMMENDATION That you sign the exemption at Tab A. Tab C Tab D Attachments Tab A Tab B The Justice Department and Air Force believe the RCRA statute should be read to include an implicit exception for classified information, and they are appealing the judge's decision on that basis. However, given the uncertainties of an appeal and the sensitivity of the information at stake, Deputy Secretary of Defense White and the Secretary of the Air Force have recommended that you provide a statutory exemption to the operating location. ERA Administrator Browner has concurred on the basis of the Air Force's determination that the information must remain classified. Draft Presidential Determination Unclassified Declaration of Secretary Widnall to the Court Classified Declaration of Secretary Widnall Incoming Recommendation from Deputy Secretary White . UNCLASSIFIED with TOD S-ECRET^CODEWORD Attachment I concur in the recommendation, as do Ab Mikva and Katie McGinty. The classified declaration of Air Force Secretary Widnall at Tab C elaborates on the need to keep the information concerning the operating location at Groom Lake classified. UNCLASSIFIED with ^FOP -SEeRET/CODEWORU Attachment and vulnerability of materials analyzed. The court agreed the information was appropriately classified but found that it could only be protected from disclosure if you invoked authority under RCRA to exempt the location from RCRA's disclosure requirements. DECLASSIFIED E.0.12958, As Amended, White House Guidelines, August 28,1997 By. .^-NARA, Date Th…

Metadata

Agency
National Archives and Records Administration
Classification
UNCLASSIFIED
Department
National Archives and Records Administration
Confidence60
Credibility70

NARA Source

NAID
297910680
File
7585721-20060527F-001-007-2023.pdf
Type
application/pdf
Retrieval
DOWNLOADED
OCR status
SUCCEEDED

Upload File