9507092 — Page 2023

2006-0527-F FOI 7-Y MARKER Document ID: 9507092 Row: 44 Position: 3 Section: 6 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Stack: v Shelf: i Original OA/ID Number: 605 1 TO: PRESIDENT FROM: WHITE, JOHN KEYWORDS: LEGAL ISSUES SECURITY PERSONS: SUBJECT: ACTION: SEE 9507055 FOR FINAL ACTION DUE DATE: 29 SEP 95STATUS: C STAFF OFFICER: KRECZKO LOGREF: 9507055 FILES: WH NSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCEFOR INFO COMMENTS: DISPATCHED BY DATE BY HAND W/ATTCH OPENED BY: NSMEC CLOSED BY: NSMEC DOC1 OF 1 UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE CLASSIFIED INFORMATION RE AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA DOC DATE: 25 SEP 95 SOURCE REF: RECORD ID: 9507092 RECEIVED: 26 SEP 95 12 RECORD ID: 9507092 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED UNCLASSIFIED UNCLASSIFIED ACTION DATA SUMMARY REPORT 001 KRECZKO 001 Z 95092612 PREPARE MEMO FOR LAKE X 95100214 SEE 9507055 FOR FINAL ACTION TO: PRESIDENT FROM: WHITE, JOHN KEYWORDS: LEGAL ISSUES SECURITY PERSONS: SUBJECT: %• STATUS: S ACTION: PREPARE MEMO FOR LAKE DUE DATE: 29 SEP 95 STAFF OFFICER: KRECZKO LOGREF: CODES: FILES: WHNSCP: DOCUMENTDISTRIBUTION FOR CONCURRENCE « COMMENTS: W/ATTCH DISPATCHED BY DATE BY HAND DOC 1 OF OPENED BY: NSMECCLOSED BY:1 UNCLASSIFIED / UNCLASSIFIED NSC/RMO PROFILE CLASSIFIEDINFORMATION RE AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA RECORD ID: 9507092 RECEIVED: 26 SEP 95 12 DOC DATE: 25 SEP 95 SOURCE REF: FOR ACTION KRECZKO FOR INFO BEERS z/ -t- SUSPENSE TO: PRESIDENT FROM: WHITE, JOHN SECURITY KEYWORDS: LEGAL ISSUES PERSONS: SUBJECT: STATUS: S DUE DATE: 29 SEP 95 ACTION: PREPARE MEMO FOR LAKE LOGREF: STAFF OFFICER: KRECZKO CODES: NSCP: FILES: WH DISTRIBUTION DOCUMENT FOR CONCURRENCE FOR X COMMENTS: BY HANDW/ATTCH DAI 2 DISPATCHED BY DOC 1 OF1 CLOSED BY: OPENED BY: NSMEC UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE CLASSIFIEDINFORMATION RE AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA RECORD ID: 9507092 RECEIVED: 26 SEP 95 12 INFO BEEPS DOC DATE: 25 SEP 95 SOURCE REF: FOR ACTION KRECZKO •• DEPUTY SECRETARY OF DEFENSE 2 5 SEP 1995 Attachment a/s SUBJECT: Classified Information Concerning the Air Force’s Operating Location near Groom Lake, Nevada ANMVCMAltT or *O«LO«A*0 MEMORANDUM FOR PRESIDENT CLINTON THROUGH MR. LAKE A recent Federal district court decision has raised a question whether certain documents, even though properly classified, must nonetheless be disclosed pursuant to an environmental statute, the Resource Conservation and Recovery Act (RCRA). The documents concern an Air Force operating location near Groom Lake, Nevada. Although this legal ruling will be challenged, it is important that the continued protection for this classified information be clearly and promptly affirmed. Accordingly, for reasons addressed in the attached memorandum from Secretary Widnall, I concur in her request and recommendation that you issue the proposed exemption under RCRA for the operating location near Groom Lake from any requirement to disclose classified information to unauthorized persons. I note that EPA Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. —. r ... i 50‘ 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 J 6^ . ‘r- I MEMORANDUM FOR THE SECRETARY OF THE AIR FORCE AND THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY Nothing herein is intended to: (a) imply that, in the absence of such a Presidential exemption, 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. SUBJECT: 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.