9706476 — Page 2023

2006-0527-F FOI MARKER Document ID: 9706476 Row: 45 Stack: v Section: 3 Shelf: 8 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Position: i Original OA/ID Number: 1642 » NSC/RMO PROFILE TO: PRESIDENT FROM: HAMBRE, JOHN KEYWORDS: PERSONS: SUBJECT: ACTION: SEE 9706404 FOR FURTHER ACTION DUE DATE: 30 SEP 97STATUS: C STAFF OFFICER: SEATON LOGREF: 97004719700698 FILES: PA NSCP:CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCE FOR INFO COMMENTS: DISPATCHED BY DATE BY HAND W/ATTCH OPENED BY: NSSWD CLOSED BY: NSSWD DOC1 OF 1 ^ONFIDENTTAL- DEFENSE POLICY LEGAL ISSUES PD MILITARY BASES ENVIRONMENT DRAFT PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA DOC DATE: 20 SEP 97 SOURCE REF: RECORD ID: 9706476 RECEIVED: 24 SEP 97 13 DECUSSffIBD E.0,12958, As Amended, White House Guidelines, August 28? 1997 NARA. Date V/?/07 1 RECORD ID: 9706476 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED ■GONFWEN-T-EAfc •CONFIDENTIAE- ACTION DATA SUMMARY REPORT X 97092413 PREPARE MEMO FOR BERGER Z 97092418 COMMENTS/CONCURRENCE X 97093014 SEE 9706404 FOR FURTHER ACTION 001 SEATON 001 OMB 001 * 1 TO: PRESIDENT FROM: HAMBRE, JOHN KEYWORDS: PERSONS: IR F( FORCE OPERATING LOCATION SUBJECT: STATUS: S DUE DATE: 30 SEP 97 ACTION: PREPARE MEMO FOR BERGER 9700698 LOGREF: 9700471 STAFF OFFICER: SEATON CODES: FILES: PA NSCP: DISTRIBUTION COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY 1 OF 1 CLOSED BY: OPENED BY: NSSWD CGNF-LDENTF-At- Rv> ' NARA. Date DEFENSE POLICY LEGAL ISSUES PD MILITARY BASES ENVIRONMENT CONFIDENTIAL NSC/RMO PROFILE DRAFT PD ON CLASSIFIED INFO CONCERNING A NEAR GROOM LAKE NEVADA RECORD ID: 9706476 RECEIVED: 24 SEP 97 13 DOC DATE: 20 SEP 97 SOURCE REF: / / FOR ACTION SEATON / / DOCUMENT / FOR INFO BOUCHARD DOBBINS DOC DECLASSIFIED E.0.12958, As Amended, White House Guidelines, August 28,1997 FOR CQNCURRENCE KRECZKO OMB SANDALOW SUBJECT: MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE 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. 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. Presidential Determination No. 7 • » t' t--' j DEPUTY SECRETARY OF DEFENSE 2 0 SEP 1997 MEMORANDUM FOR SUBJECT: SEP 2411’-42 Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada I note that EPA Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. On September 28, 1996, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force operating location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. The exemption was necessitated by a Federal district court ruling that held that classified information could not be withheld from public disclosure under RCRA absent such an exemption. That ruling is now being appealed. In the meantime, and for reasons addressed in the attached memorandum from Secretary Widnall, I concur in her request and recommendation that you renew the exemption to provide continued protection for the full one-year statutory period while the matter is on appeal. Attachment: SECAF Memo PRESIDENT CLINTON THROUGH: MR. BERGER 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 ■X o HP™ t - ; \ • NATIONAL SECURITY COUNCfL REFERRAL MEMORANDUM FOR: 0MB DOCUMENT DESCRIPTION: 10002 TO: PRESIDENT SOURCE: HAMBRE, JOHN DATE: 20 SEP 97 ID 9706476 DATE: 24 SEP 97 SUBJ: DRAFT PD ON CLASSIFIED INFO CONCERNING AIR rORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA REQUIRED ACTION: COMMENTS/CONCURRENCE DUEDATE: 27 SEP 97 COMMENT: 0-\,_\o �� C/ JOHN W. FICKLIN NSC RECORDS MANAGEMENT OFFICE * \ w % TO: PRESIDENT FROM: HAMBRE, JOHN KEYWORDS: PERSONS: SUBJECT: ACTION: SEE 9706404 FOR FURTHER ACTION DUE DATE: 30 SEP 97STATUS: C STAFF OFFICER: SEATON LOGREF: 97004719700698 FILES: PA NSCP: CODES: DOCUMENTDISTRIBUTION FOR ACTION FOR CONCURRENCE FOR INFO COMMENTS: DISPATCHED BY BY HANDW/ATTCHDATE OPENED BY: NSSWD CLOSED BY: NSSWD DOC1 OF 1 CONFIDENTIAL White House Guidelines, August 28,1997 NARA.Date 5/'7/o DEFENSE POLICY LEGAL ISSUES PD MILITARY BASES ENVIRONMENT OONFIDENTIAtr NSC/RMO PROFILE DRAFT PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA DOC DATE: 20 SEP 97 SOURCE REF: RECORD ID: 9706476 RECEIVED: 24 SEP 97 13 DECLASSIFIED E.0.12958, As Amended, * \ % RECORD ID: 9706476 DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED 97092413 PREPARE MEMO FOR BERGER 97093014 SEE 9706404 FOR FURTHER ACTION X Z 97092418 COMMENTS/CONCURRENCE X 001 SEATON 001 OMB 001 CONFIDENTFAfe ACTION DATA SUMMARY REPORT TO: PRESIDENT FROM: HAMBRE, JOHN KEYWORDS: PERSONS: SUBJECT: STATUS: S ACTION: PREPARE MEMO FOR BERGER DUE DATE: 30 SEP 97 LOGREF: 97004719700698 STAFF OFFICER: SEATON FILESjPA NSCP: CODES: DISTRIBUTION DOCUMENT * I COMMENTS: BY HANDW/ATTCH DISPATCHED BY DATE DOC1 OF 1 OPENED BY: NSSWDCLOSED BY: ■8GNFJDENTJ-AL DEFENSE POLICY LEGAL ISSUES PD MILITARY BASES ENVIRONMENT GONFLDENTfAfr NSC/'RMd PROFILE DRAFT PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA DOC DATE: 20 SEP 97 SOURCE REF: RECORD ID: 9706476 RECEIVED: 24 SEP 97 13 FOR ACTION SEATON FOR INFO BOUCHARD DOBBINS FOR CONCURRENCE KRECZKO OMB SANDALOW b . r DECLASSIFIED E.0.12958, As Amended, White House Guidelines, August 28,1997 RyfrmSNARA. Date. V(Z1P SUBJECT:Presidential Determination on Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. 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. 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. Presidential Determination No. •• DEPUTY SECRETARY OF DEFENSE 2 b SEP 1097 MEMORANDUM FOR SUBJECT: SEP 2411=42 Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada Attachment: SECAF Memo I note that EP A Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. PRESIDENT CLINTON THROUGH: MR. BERGER On September 28, 1996, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force operating location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. The exemption was necessitated by a Federal district court ruling that held that classified information could not be withheld from public disclosure under RCRA absent such an exemption. That ruling is now being appealed. In the meantime, and for reasons addressed in the attached memorandum from Secretary Widnall, I concur in her request and recommendation that you renew the exemption to provide continued protection for the full one-year statutory period while the matter is on appeal. 1O1O DEFENSE PENTAGON WASHINGTON, DC 20301-1010 ft 50* W c.. * » ID 9706476 NATIONAL SECURITY COUNCIL DATE: 24 SEP 97 REFERRAL MEMORANDUM FOR: OMB 10002 TO: PRESIDENT DOCUMENT DESCRIPTION: SOURCE: HAMBRE, JOHN DATE: 20 SEP 97 SUBJ: DRAFT PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA REQUIRED ACTION: COMMENTS/CONCURRENCE DUEDATE: 27 SEP 97 COMMENT: JOHN W. FICKLIN FOR NSC RECORDS MANAGEMENT OFFICE