Documents / Official release

9600475: 7585721-20060527F-001-010-2023

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

This Clinton Presidential Library file of White House and National Security Council records from January 1996 concerns President Clinton's report to Congress under the Resource Conservation and Recovery Act. It contains NSC routing sheets, memoranda from James Baker, Anthony Lake, Patrick Griffin and the Deputy Secretary of Defense, and letters to Speaker Newt Gingrich and Senate President Albert Gore. The letters give notice of Presidential Determination 95-45 of September 29, 1995. That determination exempted the Air Force operating location near Groom Lake, Nevada, from waste laws that would require disclosure of classified information.

Dear Mr. Speaker and Mr. President:
Honorable Newt Gingrich
Speaker of the House
U. S. 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), 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 on
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.
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.
Honorable Albert Gore, Jr.
President
U. S. Senate
Washington, D. C. 20515
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). 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.

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Official release, from the nara collection. The PDF is mirrored here; the original link is above. 16 pages are in the text index: search them above, or from the library's search.