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Presidential Determination

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

President Clinton issued a one-year exemption shielding the Air Force's classified operations near Groom Lake, Nevada (Area 51) from environmental disclosure laws that would require revealing classified information to unauthorized persons. The determination applies to federal, state, and local solid waste and hazardous waste disposal laws, specifically citing ongoing litigation where environmental plaintiffs sought information about the site.

Federal Register Open PDF 60 FR 52823

Impact dates

  1. One-year statutory exemption expiration

  2. Exemption effective date

Key directives

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

Who is ordered

Timeline

Immediate

  • Exemption takes effect upon signing (September 29, 1995)
  • Secretary of the Air Force directed to publish in Federal Register

Near term (90d)

  • Federal Register publication completed (October 10, 1995)

Long term

  • One-year statutory exemption expires September 29, 1996 unless renewed

Risks & tensions

  • Creates tension between national security secrecy and environmental transparency/accountability
  • Limits judicial remedy for plaintiffs alleging hazardous waste harm
  • Pattern of annual renewals likely (implied by 'full one-year statutory period')
  • State/local environmental enforcement partially preempted for classified information
Presidential Determination: Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada · Executive Orders