CENTRAL  INTELLIGENCE  AGENCY 
WASHINGTON.  O.C.  20505 
Office  of  General  Counsel  ^ 
Graeme  W.  Bush,  Esquire 
Caplin  and  Drysdale 
1101  17th  Street,  N.W. 
Washington,  D.C.   20036 
Dear  Graeme: 
Re:   CKSS  v.  CIA  —  Count  XII 
It  is  my  understanding  that  your  clients  have  decided  to 
accept  the  CIA's  offer  of  settlement  with  respect  to  Count  XII 
of  the  above  litigation.   As  you  will  remember,  by  letter  dated 
28  December  1983,  Patricia  Kenney  set  forth  the  terms  of  the 
proposed  settlement,  which  would  include  the  provision  of  a 
list  of  items  discovered  during  a  search  of  a  certain  NPIC 
file.   By  letter  dated  5  March  1984,  you  responded  to  Ms. 
Kenney' s  letter,  stating  that  the  concept  of  the  settlement  was 
acceptable  with  certain  caveats.   By  letter  dated  5  April  1984, 
Ms.  Kenney  responded  to  the  concerns  set  forth  in  your  5  March 
letter. 
Enclosed  herewith  for  delivery  to  your  clients,  and  in  full 
settlement  of  Count  XII,  is  the  list  of  items  which  we  promised 
to  prepare.   It  is  my  belief  that  this  document  accurately  and 
completely  describes  all  of  the  nonintelligence  uses  of  photo- 
reconnaissance  systems  which  could  be  located  by  the  CIA 
through  its  search  of  the  appropriate  NPIC  file. 
I  wish  to  emphasize  that  neither  you  nor  your  clients 
should  construe  this  list  in  any  fashion  as  confirming  or 
indicating  that  a  particular  entry  or  document  refers  to  a 
specific  type  of  technical  photoreconnaissance  sytem. 
If  you  have  any  questions,  please  contact  me  at  351-6928. 
Sincerely, 
E.  Page  Moffett 
Assistant  General  Counsel 
Enclosure
RE  CNSS  V.  CIA,  C.A.  BU-1235,  COUNT  XIl 
(1)  An  internal  information  memorandum,  dated  4  March  1968, 
with  attached  agenda.   This  document  refers  to  a  6  March  1-968 
inter-agency  symposium  on  the  potential  uses  of  classified 
reconnaissance  photography  within  the  civil  community.   The 
topics  of  the  symposium  were  to  include  hydrology,  geography, 
geology,  maps  and  mapmaking,  agricultural  land  use,  forestry 
and  oceanography; 
(2)  A  memorandum  for  the  record,  dated  10  June  1968.   This 
document  summarizes  an  inter-agency  meeting  on  potential 
non-intelligence  uses  of  classified  overhead  reconnaissance 
photography.   The  topics  discussed  include  hydrology, 
oceanography,  snow-cover  and  sea-ice  surveys,  land  use  and 
urban  maps,  and  Office  of  Emergency  Planning  contingency 
planning; 
(3)  An  undated  memorandum,  circa  1968.   This  document 
describes  a  liaison  relationship  with  the  Office  of  Emergency 
Preparedness  concerning  the  potential  use  of  classified 
overhead  reconnaissance  photography  for  emergency  planning  and 
disaster  manacement; 
(4)  A  memorandum  for  the  record,  dated  29  October  1968, 
referring  to  guidance  against  making  recommendations  for 
acquisition  of  photography  for  "peaceful  purposes,"  i.e., 
purposes  not  directly  related  to  supporting  foreign 
intelligence  activities; 
(5)  A  memorandum,  dated  11  February  1969.   This  document 
concerns  Project  "OILSLICK. "   No  details  of  the  project  are 
contained  in  tnis  memorandum,  and  referenced  briefing  materials 
are  not  attached. 
(6)  A  memorandum,  dated  4  March  1969.   This  document  refers 
to  a  27  February  discussion  on  the  use  of  classified  overhead 
reconnaissance  photography  for  domestic  mapping; 
(7)  A  memorandum,  dated  1  May  1969.   This  document  contains 
the  same  subject  matter  as  Document  No.  6; 
(8)  A  memorandum,  dated  26  May  1969.   This  document 
contains  the  same  subject  matter  as  Documents  No.  6  and  7. 
(9)  A  memorandum,  dated  16  June  1969.   The  subject  of  this 
document  is  the  Office  of  Emergency  Preparedness  collection 
requirements  for  classified  overhead  reconnaissance  photography;
(10)  A  transmittal  letter,  dated  25  July  1969..   This 
document  forwarded  ""^oTUSGS  six  frames  of  classified  photography 
suitable  for  mapping;  ~v-~-^ 
.» 
(11)  A  memorandum,  dated  11  July  1969.   This  document 
contains  information  concerning  an  inter-agency  meeting  on 
non-intelligence  uses  of  classified  overhead  reconnaissance 
photography.   Topics  included  the  use  of  imagery  for  road 
planning,  canal  design,  mapping  and  polar  navigation; 
(12)  A  memorandum,  dated  5  June  1969.   This  document 
discusses  an  inter-agency  meeting  concerning  the  use  of 
reconnaissance  photography  and  its  potential  application  for 
oceanography  and  other  civil  mapping  applications. 
(13)  and  (14)  Diary  entries,  dated  5  June  and  14  June  1978, 
respectively.   These  documents  record  briefings  to  Department 
of  Commerce  officials  which  apparently  included  sections  on 
possible  civil  applications; 
(15)  Diary  entry,  dated  19  June  1978.   This  document 
record  s-"TJPIC  support  in  providing  NOAA  the  use  of  mensuration 
equipment  to  examine  airport  approaches; 
(16)  Diary  entries,  dated  20  June  and  28  June  1978.   These 
documents  record  a  proposal  to  furnish  EPA  with  seven  to 
ten-year  old  classified  photography  and  related  materials 
(returned  by  the  Office  of  Emergency  Preparedness)  for  use  as 
an  historical  database; 
(17)  and  (18)  Diary  entries,  dated  24  August  and  29  August 
1978,  respectively.   These  documents  record  the  receipt  of  a 
request  from  the  United  States  Army  Corps  of  Engineers  for 
classified  overhead  reconnaissance  photography  to  support 
domestic  dam  safety  inspection  study; 
(19),  (20)  and  (21)  Diary  entries,  dated  23  October,  25 
October  and  1  November  1978,  respectively.   These  documents 
record  NPIC  production  of  enlargements  of  domestic  photographs 
for  EPA  briefing  purposes.   Photographs  depicted  activities 
such  as  stripmining,  off-shore  oil  drilling,  agricultural 
pesticide  use,  railroad  yards,  waste  dumping  and  land  use. 
NPIC  was  asked  to  produce  the  enlargements  because  EPA  did  not 
have  an  adequate  enlargement  ability; 
(22)  Diary  entry,  dated  21  November  1978.   This  document 
records  discussions  of  NPIC  contacts  with  EPA  photography 
interpretation  facility  and  EPA  use  of  classified  overhead 
reconnaissance  photography;
(23)  Undated  document,  circa  1978.   This  document  refers  to 
exchanges  of-  technica^rnformation  with  EPA,  USGS  and  USDA 
relevant  to  uses  of  unclassified  and  classified  overhead 
reconnaissance  photography.'* 
(24)  A  document  dated  14  May  1980.   This  is  the  .1979  annual 
repor-t  on  NPIC  inter -agency  liaison.   It  includes  a  reference 
to  an  EPA  review  of  classified  overhead  reconnaissance 
photography  of  an  oil  spill; 
(25)  A  transmittal  memorandum,  dated  11  September  1978. 
This  document  transmitted'  imagery  and  technical  data  on 
classified  overhead  reconnaissance  photography  to  EPA  for  use 
as  an  historical  database; 
(26)  A  1978  inter-agency  liaison  report,  dated  2  March 
1979.   This  document  discusses  contacts  on  photographic 
technology  matters  with  non-intelligence  agencies; 
(27)  A  diary  entry,  dated  16  March  1979.   This  document 
contains  internal  discussions  concerning  NPIC  support  to 
civilian  agencies  and  a  restatement  of  the  objective  of 
ensuring  the  legality  of  such  arrangements; 
(28)  A  July  1967  briefing  board.   This  document  apparently 
is  one  of  those  explicitly  specified  in  your  letters  of 
October  6,  1980  and  November  26,  1982.   This  document  is  the 
"Detroit  Riot  Briefing  Board,"  a  one-time  internal  exercise  to 
test  the  ability  to  use  an  already  collected  classified 
reconnaissance  photograph  to  monitor  incoming  information'  a 
large-scale  civil  disturbance  in  a  foreign  area.   The  board 
consists  of  an  enlargement  of  an  und-ated  classified  photograph 
taken  in  1966,  inset  with  unclassified  press  photographs^,  of 
the  rioting  in  Detroit.   Vie  were  unable  to  find  any  records  or 
indications  of  an  external  requirement  for  this  briefing 
board.   (The  board  was  prepared  in  one  copy  with  no 
dissemination  outside  NPIC  recorded) 
. 
(29)  A  diary  entry,  dated  7  May  1979.   This  document 
reflects  a  phone  call  from  The  Washington  Post  on  the  basis  of 
information  apparently  provided  by  Plaintiff  Halperin.   This 
document  mentions  the  existence  of  the  briefing  board  and  the 
fact  that  a  subsequent  search  was  conducted  to  find  further 
background  information  concerning  the  briefing  board.   This 
document  also  reflects  that  the  search  for  additional 
information  was  fruitless;  . 
(30)  A  diary  entry,  dated  29  August  1979.   This  document 
records  an  inquiry  concerning  the  source  of  a  requirement  for 
classified  overhead  reconnaissance  photography  of  U.S. 
territory;
(31)  A  memorandum^dated  31  August  1977.   This  memorandum 
documents  provision  orANPIC  mensuration  support  to  an  NOAA 
study  to  determine  the'Teasibility . of  using  classified  overhead 
reconnaissance  photography  in  airport  safety  studies. 
NO  1966  DOCUMENTS  RESPCN3IVE  TO  PLAINTIFF'S  REQUEST  WERE  LOCATED