For Immediate Release
Office of the Press Secretary
September 16, 2003

Memorandum for the Administrator of the Environmental Protection Agency
Presidential Determination No. 2003-39
The Secretary of the Air Force

SUBJECT: 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 the 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.

GEORGE W. BUSH

# # #

Source: http://www.whitehouse.gov/news/releases/2003/09/20030916-4.html


Federal Register: October 21, 2003 (Volume 68, Number 203)
Presidential Documents              
Page 60277-60279                        


[[Page 60277]]

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Part IV





The President





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Presidential Determination No. 2003-39 of September 16, 2003--
Classified Information Concerning the Air Force's Operating Location 
Near Groom Lake, Nevada


                        Presidential Documents 




___________________________________________________________________

Title 3--
The President

[[Page 60279]]

                Presidential Determination No. 2003-39 of September 16, 
                2003

 
                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 the 
                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, September 16, 2003.

[FR Doc. 03-26704
Filed 10-20-03; 10:07 am]

Billing code 3910-01-P