    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [January 31, 1998]
    [Pages 151-152]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders on the United States Air Force Operating
    Location Near Groom Lake, Nevada
    January 31, 1998

    Dear Mr. Speaker:  (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 26, 1997, I issued
    Presidential Determination No. 97-35 (copy attached) and thereby
    exercised the authority to grant certain exemptions under section
    6001(a) of the Act.
        Presidential Determination No. 97-35 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

    [[Page 152]]

    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 district court decision in pending litigation, Kasza v. Browner (D.
    Nev. CV-S-94-795-PMP), the relevant appeal which, was subsequently
    dismissed as moot (9th Cir. Nos. 96-15535 and 96-15537; decided January
    8, 1998). 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,

                                                          William J. Clinton

    Note: Identical letters were sent to Newt Gingrich, Speaker of the House
    of Representatives, and Albert Gore, Jr., President of the Senate. This
    letter was released by the Office of the Press Secretary on February 2.