9600475 — Page 2023

2006-0527-F FOI MARKER Document ID: 9600475 'A1 Row: 46 Shelf: 11 A Section: 2 Position: 2 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Original OA/ID Number: 2327 Stack: v TO: PRESIDENT CHRON FILE CONGRESSIONAL KEYWORDS: PERSONS: SUBJECT: DUE DATE: 30 JAN 96 STATUS: C ACTION: PRESIDENT SGD PER WH EXEC CLERK LOGREF: STAFF OFFICER: BAKER CODES: NSCP: FILES: WH DISTRIBUTION DOCUMENT FOR CONCURRENCE FOR ACTION COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY 3 DOC 3 OF CLOSED BY: NSKDB OPENED BY: NSGP UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE FROM: LAKE GRIFFIN, P RPT TO CONGRESS ON PRES EXEMPTION RE OPERATING LOCATION NEAR GROOM LAKE DOC DATE: 30 JAN 96 SOURCE REF: LEGAL ISSUES AIR FORCE RECORD ID: 9600475 RECEIVED: 26 JAN 96 15 FOR INFO BAKER BELL DANVERS KRECZKO NSC CHRON I * RECORD ID: 9600475 CAO ASSIGNED ACTION REQUIRED DOC ACTION OFFICER DISPATCH DATA SUMMARY REPORT DISPATCH FOR INFO DISPATCH FOR ACTION DATE DOC UNCLASSIFIED 003 003 UNCLASSIFIED ACTION DATA SUMMARY REPORT Z Z Z X 960130 960130 VICE PRESIDENT WH CHIEF OF STAFF 96012615 PREPARE MEMO FOR LAKE 96012915 FWD TO PRESIDENT FOR SIG 96013011 FOR SIGNATURE 96013117 PRESIDENT SGD PER WH EXEC CLERK 001 BAKER 002 LAKE 003 PRESIDENT 003 £>17^ LOG# PROOFED BY: LOG# PROOFED BY: SYSTEM NSC INT INT NSC SYSTEM URGENT NOT PROOFED: BYPASSED WW DESK: DOCLOG A/0 BYPASSED WW DESK: DISPOSITION INITIAL7DATEDISPOSITION SEQUENCE TO INITIAL/DATE SEQUENCE TO Harmon Harmon Dohse Dohse Sens Sens 23 Ao Soderberg Soderberg Berger Berger Lake Lake Situation Room Situation Room West Wing Desk West Wing Desk Records Mgt. Records Mgt. A = Action I = Information D = DispatchR - Retain N = No Further Action N = No Further Action R = Retain D = Dispatch I - Information A = Action cc: cc: I COMMENTS: COMMENTS: .■ t i v r. ? i 31 ' Exec Sec Office has diskette j. ^2 Exec Sec Office has diskette / d- National Security Council The White House Natl Sec Advisor ___has span___ DOCLOG A/O tc'd 'Iso National Security Council The White House I r URGENT NOT PROOFED: 7] /] 0475 THE WHITE HOUSE WASHINGTON ACTION THE EXECUTIVE CLERK THROUGH: lA^^ FROM: SUBJECT: Purpose Background (the operating location) from any Nevada, near Groom Lake Federal, State, interstate or local provision respecting cone and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information" to unauthorized persons. A, you are required to report each January to the all exemptions granted during the previous year and the RECOMMENDATION That you sign the attached letters. On September 29, you exempted the Air Force operating location jm Lake, Nevada, (the operating location) "from any State, interstate or local provision respecting control Letter to Speaker of the House Letter to President of the Senate 11 • The exemption was granted in the context of litigation over the Government's compliance with RCRA at the operating location. Attachments Tab A Tab B , in addition to noting that the exemption to protect national security (without providing This report has been coordinated with the Departments of Defense and Justice as well as the EPA. To report to the Congress pursuant to the Resource Conservation and Recovery Act (RCRA). January 30, 1996 MEMORANDUM FOR THE PRESIDENT Under RCRA Congress <_ reasons for doing so. was necessary L details), the report indicates that the exemption was not intended to limit the applicability or enforcement of any requirement of law applicable to the operating location except those provisions, if any, that would require disclosure of classified information. cc: Vice President Chief of Staff ANTHONY LAKM( / PATRICK GRIFFIN'.^' Report to Congress on the Presidential Exemption Concerning the Operating Location Near Groom Lake al, State, interstate, or local hazardous or solid waste, that might require the disclosure of classified information v. Sincerely, THE WHITE HOUSE WASH I NGTON Dear Mr. Speaker: 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 29, 1995, I issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Presidential Determination No. 95-45 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 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 information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza Browner (D. Nev. CV-S-94-795-PMP). The Determination also was not intended to limit the applicability 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. The Honorable Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515 Presidential Documents lg the Air Force’s Operating Location Near Groom the United States Air Force’s operating location Nevada SOO® 09/JVS (FR Doc. 95-Z524A rilad IO-6-9S: '.0:54 ami Billing coda J910-O1-M Presidential Determination on cerning Lake, Nevada THE WHITE HOUSE. Washington. September 29. 1995. Memorandum for the Administrator Agency [and] the Secretary — I End that it is in the paramount - ■ ■ of the Environmental Protection of the Air Force interest of the United States to exempt near Groom Lake. Nevada Presidential Determination No. 95-45 of September 29. 1995 Classified Information Con- The Secretarv of the Air Force- is authorized and directed to publish thrs Determination in the Federal Register. SSC6 C89 C01 IVd 9S;£0 JEL 96/SZ/TO l—, — . one-year statutory period. hhe subta ®- NeV- CV-S-94-79S-FMP: ri.rt pLUhd Nsv CV-S-S+-7H-PMP)) &oni any applicable requirc- S Zid “or haxardooa waste disposal ttat would squire J _! _ J Nothing herein is intended to: (a) imply that int lb..absence of such a Unauthorized persons: or (b) limit the app icabihty or.enforce- ment of any requirement of law appncanie ro cne □ location nei G?oom Lake. Nevada, except those provisions, if any, that would require the disclosure of classined inrormation. w B ! * T A f V. r -* r- &£ ' ■ I Dear Mr. v. Sincerely, 20515 The Determination was not intended to imply that in the absence a Presidential exemption RCRA or any other provision of law permits or requires the disclosure of classified information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation, Kasza THE WHITE HOUSE WASHINGTON The Honorable Albert Gore, Jr. President of the Senate Washington, D.C. Presidential Determination No. 95-45 exempted the United States _ « •* * ’ ----------------------- r al. State, interstate, or local hazardous or solid waste. that might require the disclosure of classified information 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. President: 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 29, 1995, I issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. of a Presidential exemption RCRA or any other provision of law . -. . . - - -• - - - unauthorized persons, but rather to eliminate any potential . > ■ • 1 _• TZ —y Browner'(D. Nev? CV-S-94-795-PMP). The Determination^also was not intended to limit the applicability 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. IFR Oo,:. 9S-ZH4� Filed l�i5. !O:H iml Billir:g coat J9t0-01-'-' Presidential Documents Presidential Determination No. 95-4S of September 29. 1995 Presidential Determination on Classified Information Con­ cerning the Air Force's Operating Location Near Groom Lake. Nevada Memorandum for the Ad.m.i.nistrator of the Environmental Protection Agency (aodJ the Secretary ·of the Air Force I fi nd that it is in the para.moUDt intera,t of the United States to e."<emot the United States Air Force's ope ra t ing location near Groom Lake. N e v ada (the subject of litigation i.n Kasza v. Browner (D. Nev. CV-S-94-795-PMPJ and Frost v. Perry (D. Nev. CV-S-94-714-PMPJ} from any applicable raqui..-e­ ment for the disclosure to unauthorized persons of classified information concerning that operaticg location. Therefore. pursuant to 42 U.S.C. § 6961(a), I hereby exempt the Air Force's operar..i.ng location near Groom Lake. Nevada from any Federal. State. interstate or local provision respectl.ng control and abatemeor-of solid waste or hazardous waste disposal that would require the disclosure of das.,.i.6.ed i.a.formatio.n concerning that operating. lo�tion to any wiauthorized peo'on. 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 (RCR.'\) or any other provision of law pe.anits or r :quires dlsdosure of classified information to unauthorized persons: or (b) limit the applicability oc en.forc:e-­ mant of any requiremeot of law applicable to the Air Force·s operating location near Groom Lake. Nevada. except those provisions. if any, that would raqwre the disclosure of classified infoanation. The Sec.ratary of tbe. Air Force· i.s authorized and d.uected to publish this Determination i.n the Federal Register. �� THE WHITE HOUSE. Washington. September 29. 1995. ::>!'>1 .. - r ,s SSC6 C69 CO.! IV.! 9S:Lo !1Hl. 96/SZ/TO « on from a decision in pending litigation, Kasza v. Browner (D. Nev. CV-S-94-795- PMP). The Honorable Newt Gingrich Speaker of the House U. S. House of Representatives Washington, D. C. 20515 Determination also was not intended to limit the applicability 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. Honorable Albert Gore, Jr. President U. S. Senate Washington, D. C. 20515 Presidential Determination No 95-45 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 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 information to unauthorized persons, but rather to eliminate any potential uncertainty arising Dear Mr. Speaker and Mr. President: Consistent with section 6001(a) of the Resource Conservation and Recovery Act (RCRA) (the “Act”), as amended, 42 U.S.C. § 6961(a), which requires that I “report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with [my] reason for granting each such exemption,” I notify you that September 29, 1995,1 issued Presidential Determination 95-45 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. Sincerely, Attachment: Presidential Determination 95-45 I am forwarding copies of this notification to the Chairman and Ranking Minority member of each of the following committees: House Committee on Resources; House Committee on National Security; Senate Committee on Environment and Public Works; and Senate Committee on Armed Services. cc: Chairman and Ranking Minority Member: House Committee on Resources House Committee on National Security Senate Committee on Environment and Public Works Senate Committee on Armed Services Administrator, Environmental Protection Agency 0475 January 26, 1996 ACTION ALAN KRECZKO THROUGH: FROM: SUBJECT: NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 In September the President exempted the Air Force operating location near Groom Lake, Nevada, from any applicable provisions of hazardous or solid waste laws that would require disclosure of classified information. The exemption was granted in the context of litigation (Browner) over the Government's compliance with the Resource Conservation and Recovery Act (RCRA). JAMES BAKER^,^ Report to Congress on Presidential Exemption Concerning the Operating Location Near Groom Lake MEMORANDUM FOR ANTHONY LAKE As to the status of the litigation, we are doing well. On January 10, the district court determined that the EPA had completed its statutory duties with regard to the inspection and inventory of the operating location, rendering the Browner case moot. The court also ruled that the Government has "complied with RCRA's public disclosure requirements by virtue of the Presidential Determination," and has entered final judgment in the case. Under 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 first such report during this Administration. The attached report has been coordinated with the Departments of Defense and Justice as well as the EPA; it should be submitted to Congress no later than January 31. In a companion case, Perry, in which you are a named defendant, the court is continuing to consider cross motions for summary judgment. We are optimistic in light of the court's ruling in Browner. Notwithstanding these successes, we will need to consider whether to appeal one aspect of the court's ruling: that in the absence of a Presidential exemption EPA has a nondiscretionary duty under RCRA to disclose classified information. 2 iS \k-x Bob Bell, Bill Danvers, and David Sandalow Concurrence by: RECOMMENDATION That you sign the memorandum to the President at Tab I. 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 J UL s i I 50 «tMLD •** ■ SUBJECT: Congressional Notification of Presidential Exemption Concerning the Air Force’s Operating Location Near Groom Lake, Nevada 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. MEMORANDUM FOR PRESIDENT CLINTON THROUGH MR. LAKE 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 29, 1995, in Presidential Determination 95-45, which protects classified information concerning the Air Force’s operating location near Groom Lake, Nevada, from public disclosure. The enclosed report provides notice to Congress of the exemption. 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). DEPUTY SECRETARY OF DEFENSE 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 Attachment: A/S 2 6 JAN 1996