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