9700698 — Page 2023

2006-0527-F FOI MARKER Document ID: 9700698 Shelf: 5 Row: 45 Section: 2 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Stack: v Position: i Original OA/ID Number: 1600 1 f TO: PRESIDENT FROM: WHITE, J KEYWORDS: PERSONS: SUBJECT: ACTION: SEE 9700471 FOR FINAL ACTION DUE DATE: 06 FEB 97STATUS: C LOGREF: ^7^0/7( STAFF OFFICER: KRECZKO FILES: WHNSCP:CODES: DOCUMENT DISTRIBUTION FOR ACTION FOR CONCURRENCE COMMENTS: DISPATCHED BY DATE BY HANDW/ATTCH 1 OF OPENED BY: NSDRSCLOSED BY: NSGPDOC 1 UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE CONGRESSIONAL NOTIFICATION OF PRES EXEMPTION CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA DEFENSE POLICY ENVIRONMENT DOC DATE: 30 JAN 97 SOURCE REF: AIR FORCE CONGRESSIONAL RECORD ID: 9700698 RECEIVED: 03 FEB 97 18 FOR INFO KRECZKO NSC CHRON RECORD ID: 9700698 * t DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED UNCLASSIFIED UNCLASSIFIED ACTION DATA SUMMARY REPORT Z z z X 97020318 PREPARE MEMO FOR BERGER 97020408 ACTION TRANSFERRED 97020408 PREPARE MEMO FOR BERGER 97020410 SEE 9700471 FOR FINAL ACTION 001 SESTAK 001 001 KRECZKO 001 * DEPUTY SECRETARY OF DEFENSE k ’ ANNTVT.MXAMY 3 0 JAN 1997 k 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. 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 28, 1996, in Presidential Determination 96-54, 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. MEMORANDUM FOR PRESIDENT CLINTON THROUGH MR. BERGER 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). 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 Attachment: A/S [w/i l'°\l 50 & Dear Mr. Speaker: Sincerely, The Honorable Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515 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 28, 1996,1 issued Presidential Determination 96-54 (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 information to unauthorized persons, but rather to eliminate any potential uncertainty arising from a decision in pending litigation. Kasza v. Browner (D. Nev. CV-S-94-795- PMP), appeal pending (9th Cir. Nos. 96-15535 and 96-15537). 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. Presidential Determination No. 96-54 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. 4 Dear Mr. President: Sincerely, 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 v. Browner (D. Nev. CV-S-94-795- PMP), appeal pending (9th Cir. Nos. 96-15535 and 96-15537). 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. Presidential Determination No. 96-54 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. 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 28, 1996,1 issued Presidential Determination 96-54 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act. The Honorable Albert Gore, Jr. President U. S. Senate Washington, D. C. 20510 52679 Presidential Documents Title 3— The President 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 information to unauthorized persons; or (b) limit the applicability ment of any requirement of law applicable to the Air Force’: Presidential Determination No. 96-54 of September 28, 1996 Presidential Determination on Classified Information Con­ cerning the Air Force’s Operating Location Near Groom Lake, Nevada Memorandum for the Administrator of the Environmental Protection Agency [and] the Secretary of the Air Force THE WHITE HOUSE, Washington, September 23, 1996. (FR Doc. 96-25959 Filed 10-7-96: 8:45 eml Billing code 3910-01-M . ' Federal Register Vol. 61, No. 196 Tuesday. October 8, 1996 (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 require­ ment 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 enforce­ ment 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 io publish this determination in the Federal Register. TO: PRESIDENT FROM: WHITE, J KEYWORDS: PERSONS: SUBJECT: ACTION: PREPARE MEMO FOR BERGER DUE DATE: 06 FEB 97STATUS: S STAFF OFFICER: SESTAKLOGREF: FILES: WH NSCP: CODES: DOCUMENTDISTRIBUTION COMMENTS: BY HANDW/ATTCH DISPATCHED BY DATE OPENED BY: NSDRSCLOSED BY:DOC 1 OF 1 UNCLASSIFIED UNCLASSIFIED NSC/RMO PROFILE DEFENSE POLICY ENVIRONMENT CONGRESSIONAL NOTIFICATION OF PRES EXEMPTION CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA DOC DATE: 30 JAN 97 SOURCE REF: AIR FORCE CONGRESSIONAL RECORD ID: 9700698 RECEIVED: 03 FEB 97 18 FOR CONCURRENCE BELL DANVERS SANDALOW SEATON FOR INFO KRECZKO RAGAN SCHWARTZ FOR ACTL SESTAK^" r* TO: PRESIDENT FROM: WHITE, J KEYWORDS: PERSONS: SUBJECT: DUE DATE: 06 FEB 97 STATUS: S ACTION: PREPARE MEMO FOR BERGER LOGREF: STAFF OFFICER: SESTAK CODES: NSCP: FILES: WH DISTRIBUTION DOCUMENT 77? 67^7 / COMMENTS: BY HANDW/ATTCH DATE DISPATCHED BY 1 OF 1 DOC CLOSED BY: OPENED BY: NSDRS UNCLASSIFIED DEFENSE POLICY ENVIRONMENT UNCLASSIFIED NSC/RMO PROFILE CONGRESSIONAL NOTIFICATION OF PRES EXEMPTION CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA AIR FORCE CONGRESSIONAL RECORD ID: 9700698 RECEIVED: 03 FEB 97 18 DOC DATE: 30 JAN 97 SOURCE REF: FOR CONCURRENCE BELL DANVERS SANDALOW SEATON FOR ACTION SESTAK FOR INFO KRECZKO RAGAN SCHWARTZ