[Weekly Compilation of Presidential Documents Volume 39, Number 38 (Monday, September 22, 2003)]
[Page 1234]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Classified Information Concerning the Air Force's 
Operating Location Near Groom Lake, Nevada

September 16, 2003

 Presidential Determination No. 2003-39

Memorandum for the Administrator of the Environmental Protection Agency, 
the Secretary of the Air Force

Subject: Memorandum on 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