DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada

President Bush exempted the Air Force's classified operating location near Groom Lake, Nevada (Area 51) from environmental disclosure requirements for one year, preventing the release of classified information to unauthorized persons in ongoing litigation. The determination shields the site from federal, state, and local solid and hazardous waste laws that would require such disclosures.

Impact dates

  1. Secretary of the Air Force to publish determination in Federal Register

  2. Exemption expires (one-year statutory period)

Key directives

  • Exempt Groom Lake from environmental disclosure requirements requiring release of classified information
  • Limit exemption to provisions requiring disclosure of classified information to unauthorized persons
  • Secretary of the Air Force to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Exemption takes effect for full one-year statutory period from September 18, 2001

Near term (90d)

  • Secretary of the Air Force to publish determination in Federal Register

Long term

  • Annual renewal required if exemption to continue beyond September 18, 2002

Risks & tensions

  • Balances national security secrecy against environmental transparency and public health accountability
  • Perpetuates pattern of annual Area 51 exemptions dating to Clinton administration
  • Litigants in Kasza and Frost cases continue to be blocked from obtaining classified waste disposal information
Presidential Determination: Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada · Executive Orders