Documents / Official release

9507055: 7585721-20060527F-001-008-2023

· 35 pages · text from the file's own layer

This Clinton Presidential Library file from the National Security Council holds Presidential Determination 95-45, signed September 29, 1995. The determination exempts the Air Force's operating location near Groom Lake, Nevada, from hazardous waste disclosure rules that would require releasing classified information. It came out of the lawsuits Kasza v. Browner and Frost v. Perry. The file also includes Anthony Lake's decision memo, Secretary Sheila Widnall's declaration claiming the military and state secrets privilege, and a Deputy Secretary of Defense recommendation.

September 29, 1995
No.
SUBJECT:
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provision respecting control and abatement of solid waste or
I
THE WHITE HOUSE
WASH I NGTON
Presidential Determination
95-45
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
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 reguirement 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.

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Official release, from the nara collection. The PDF is mirrored here; the original link is above. 35 pages are in the text index: search them above, or from the library's search.