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FOIA MARKER
This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff.
| Original OA/ID Number: 1600 | ||||
| Document ID: 9700698 | ||||
| Stack: V | Row: 45 | Section: 2 | Shelf: 5 | Position: 1 |
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UNCLASSIFIED NSC/RMO PROFILE
RECORD ID: 9700698
RECEIVED: 03 FEB 97 18
TO: PRESIDENT
FROM: WHITE, J
DOC DATE: 30 JAN 97
SOURCE REF:
KEYWORDS: DEFENSE POLICY ENVIRONMENT
AIR FORCE
CONGRESSIONAL
PERSONS:
SUBJECT: CONGRESSIONAL NOTIFICATION OF PRES EXEMPTION CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA
ACTION: SEE 9700471 FOR FINAL ACTION DUE DATE: 06 FEB 97 STATUS: C
STAFF OFFICER: KRECZKO
LOGREF:9700471
FILES: WH
CODES:
D O C U M E N T D I S T R I B U T I O N
FOR ACTION
FOR CONCURRENCE
FOR INFO
KRECZKO
NSC CHRON
COMMENTS:
DISPATCHED BY
DATE
OPENED BY: NSRDS
BY HAND W/ATTCH
CLOSED BY: NSGP
DOC 1 OF 1
UNCLASSIFIED
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DOC ACTION OFFICER
001 SESTAK
001
001 KRECZKO
CAO ASSIGNED ACTION REQUIRED
001
Z 97020318 PREPARE MEMO FOR BERGER
Z 97020408 ACTION TRANSFERRED
Z 97020408 PREPARE MEMO FOR BERGER
X 97020410 SEE 9700471 FOR FINAL ACTION
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MEMORANDUM FOR PRESIDENT CLINTON THROUGH MR. BERGER
SUBJECT: Congressional Notification of Presidential Exemption Concerning the Air Force's Operating Location Near Groom Lake, Nevada
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).
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.
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.
Jessica
Attachment: A/S
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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 28, 1996, I issued Presidential Determination 96-54 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act.
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.
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, $ \underline{\text{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.
Sincerely,
The Honorable Newt Gingrich Speaker of the House of Representatives Washington, D.C. 20515
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Dear 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), notification is hereby given that on September 28, 1996, I issued Presidential Determination 96-54 (copy attached) and thereby exercised the authority to grant certain exemptions under section 6001(a) of the Act.
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.
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, $ \underline{\text{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.
Sincerely,
The Honorable Albert Gore, Jr.
President
U. S. Senate
Washington, D. C. 20510
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| Federal Register | Presidential Documents |
| Vol. 61, No. 196 | |
| Tuesday, October 8, 1996 | |
| Title 3- | Presidential Determination No. 96-54 of September 28, 1996 |
| The President | 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 [and] the Secretary of the Air Force | |
| 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. 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. |
William Clinton
THE WHITE HOUSE.
Filed 10-7-96; 8:45 am
Washington, September 23, 1996
Billing code 3910-01-M
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UNCLASSIFIED NSC/RMO PROFILE
RECORD ID: 9700698
RECEIVED: 03 FEB 97 18
TO: PRESIDENT
FROM: WHITE, J
DOC DATE: 30 JAN 97
SOURCE REF:
KEYWORDS: DEFENSE POLICY ENVIRONMENT
AIR FORCE
CONGRESSIONAL
PERSONS:
SUBJECT: CONGRESSIONAL NOTIFICATION OF PRES EXEMPTION CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA
ACTION: PREPARE MEMO FOR BERGER
DUE DATE: 06 FEB 97 STATUS: S
STAFF OFFICER: SESTAK
LOGREF
FILES: WH
NSCP:
CODES:
DO CUMEN T DISTRI BUT TION
FOR ACTION SESTAK
Kreuzko
FOR CONCURRENCE
BELL
DANVERS
SANDALOW
SEATON
FOR INFO
KRECZKO
RAGAN
SCHWARTZ
COMMENTS: ___
DISPATCHED BY
DATE ___
BY HAND W/ATTCH
OPENED BY: NSDRS
CLOSED BY:
DOC 1 OF 1
UNCLASSIFIED
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UNCLASSIFIED NSC/RMO PROFILE
RECORD ID: 9700698
RECEIVED: 03 FEB 97 18
TO: PRESIDENT
FROM: WHITE, J
DOC DATE: 30 JAN 97
SOURCE REF:
KEYWORDS: DEFENSE POLICY ENVIRONMENT
AIR FORCE
CONGRESSIONAL
PERSONS
SUBJECT: CONGRESSIONAL NOTIFICATION OF PRES EXEMPTION CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE NEVADA
ACTION: PREPARE MEMO FOR BERGER
DUE DATE: 06 FEB 97 STATUS: S
STAFF OFFICER: SESTAK
LOGREF:
FILES: WH
NSCP:
CODES:
D O C U M E N T D I S T R I B U T I O N
FOR ACTION SESTAK
FOR CONCURRENCE
BELL
DANVERS
SANDALOW
SEATON
FOR INFO
KRECZKO
RAGAN
SCHWARTZ
records most. This has
Teen Completed under 0471
COMMENTS: ___
DISPATCHED BY ___ DATE ___ BY HAND W/ATTCH
OPENED BY: NSDRS
CLOSED BY:
DOC 1 OF 1
UNCLASSIFIED
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