issue-1994-05-18•Federal Register executive orders — 1994-05-18
Federal Register executive orders — 1994-05-18
issue-1994-05-18Federal Register executive orders — 1994-05-18Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 94-12284 Implementation of the Border Environment Cooperation Commission and the North American Development Bank
[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Presidential Documents]
[Pages 25779-25781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12284]
[[Page Unknown]]
[Federal Register: May 18, 1994]
Presidential Documents
Executive Order 12916 of May 13, 1994
Implementation of the Border Environment
Cooperation Commission and the North American
Development Bank
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the North American Free Trade
Agreement Implementation Act, Public Law 103-182; 107
Stat. 2057 (``NAFTA Implementation Act''), and section
301 of title 3, United States Code, it is hereby
ordered as follows:
Section 1. The Agreement Between the Government of the
United States of America and the Government of the
United Mexican States Concerning the Establishment of a
Border Environment Cooperation Commission and a North
American Development Bank (``Agreement'') shall be
implemented consistent with United States policy for
the protection of human, animal or plant life or
health, and the environment. The Agreement shall also
be implemented to advance sustainable development,
pollution prevention, environmental justice, ecosystem
protection, and biodiversity preservation and in a
manner that promotes transparency and public
participation in accordance with the North American
Free Trade Agreement and the Agreement.
Sec. 2. (a) The Administrator of the Environmental
Protection Agency and the United States Commissioner,
International Boundary and Water Commission, United
States and Mexico (``Commissioner''), shall represent
the United States as Members of the Board of Directors
of the Border Environment Cooperation Commission in
accordance with the Agreement.
(b) The policies and positions of the United States
in the Border Environment Cooperation Commission shall
be coordinated through applicable interagency
procedures, which shall include participation by the
Department of State, the Department of the Treasury,
the Department of Housing and Urban Development, the
Department of the Interior, the Agency for
International Development, the Environmental Protection
Agency, and, as appropriate, other Federal agencies.
(c) The Commissioner shall promote cooperation, as
appropriate, between the International Boundary and
Water Commission and the Border Environment Cooperation
Commission in planning, developing, carrying out border
sanitation, and other environmental activities.
Sec. 3. (a) The United States Government
representatives to the Board of the North American
Development Bank shall be the Secretary of the
Treasury, the Secretary of State, and the Administrator
of the Environmental Protection Agency.
(b) For purposes of loans or guarantees for
projects certified by the Border Environment
Cooperation Commission, the representatives shall be
instructed in accordance with the procedures of the
National Advisory Council on International Monetary and
Financial Policies (``Council'') as established by
Executive Order No. 11269. For purposes of this section
only, the membership of the Council shall be expanded
to include the Secretary of the Department of Housing
and Urban Development, the Secretary of the Interior,
and the Administrator of the Environmental Protection
Agency.
(c) For purposes of loans or guarantees for
projects certified by the Border Environment
Cooperation Commission, the representatives shall
consult with the Community Adjustment and Investment
Program Advisory Committee (``Advisory Committee''),
established pursuant to section 543(b) of the NAFTA
Implementation Act concerning community adjustment and
investment aspects of such loans or guarantees.
(d) For purposes of loans, guarantees, or grants
endorsed by the United States for community adjustment
and investment, the representatives shall be instructed
by the Secretary of the Treasury in accordance with
procedures established by the Community Adjustment and
Investment Program Finance Committee established
pursuant to section 7 of this order.
Sec. 4. The functions vested in the President by
section 543(a)(1) of the NAFTA Implementation Act are
delegated to the Secretary of the Treasury.
Sec. 5. The functions vested in the President by
section 543(a)(2) and (3) of the NAFTA Implementation
Act are delegated to the Secretary of the Treasury, who
shall exercise such functions in accordance with the
recommendations of the Community Adjustment and
Investment Program Finance Committee established
pursuant to section 7 of this order.
Sec. 6. The functions vested in the President by
section 543(a)(5) and section 543(d) of the NAFTA
Implementation Act are delegated to the Community
Adjustment and Investment Program Finance Committee
established pursuant to section 7 of this order, which
shall exercise such functions in consultation with the
Advisory Committee.
Sec. 7. (a) There is hereby established a Community
Adjustment and Investment Program Finance Committee
(``Finance Committee'').
(b) The Finance Committee shall be composed of
representatives from the Department of the Treasury,
the Department of Agriculture, the Department of
Housing and Urban Development, the Small Business
Administration, and any other Federal agencies selected
by the Chair of the Finance Committee to assist in
carrying out the community adjustment and investment
program pursuant to section 543(a)(3) of the NAFTA
Implementation Act.
(c) The Department of the Treasury representative
shall serve as Chair of the Finance Committee. The
Chair shall be responsible for presiding over the
meetings of the Finance Committee, ensuring that the
views of all other Members are taken into account,
coordinating with other appropriate United States
Government agencies in carrying out the community
adjustment and investment program, and requesting
meetings of the Advisory Committee pursuant to section
543(b)(4)(C) of the NAFTA Implementation Act.
Sec. 8. Any advice or conclusions of reviews provided
to the President by the Advisory Committee pursuant to
section 543(b)(3) of the NAFTA Implementation Act shall
be provided through the Finance Committee.
Sec. 9. Any summaries of public comments or conclusions
of investigations and audits provided to the President
by the ombudsman pursuant to section 543(c)(1) of the
NAFTA Implementation Act shall be provided through the
Finance Committee.
Sec. 10. The authority of the President under section 6
of Public Law 102-532; 7 U.S.C. 5404, to establish an
advisory board to be known as the Good Neighbor
Environmental Board is delegated to the Administrator
of the Environmental Protection Agency.
Sec. 11. This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right to
administrative or judicial review, or any other right
or benefit or trust responsibility, substantive or
procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers
or employees, or any other person.
(Presidential Sig.)>
THE WHITE HOUSE,
May 13, 1994.
[FR Doc. 94-12284
Filed 5-16-94; 2:53 pm]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 94-12275 Federal Implementation of the North American Agreement on Environmental Cooperation
[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Presidential Documents]
[Pages 25775-25777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12275]
[[Page Unknown]]
[Federal Register: May 18, 1994]
Presidential Documents
Federal Register
Vol. 59, No. 95
Wednesday, May 18, 1994
____________________________________________________________________
Title 3--
The President
Executive Order 12915 of May 13, 1994
Federal Implementation of the North American
Agreement on Environmental Cooperation
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the North American Free Trade
Agreement Implementation Act, Public Law 103-182; 107
Stat. 2057 (``NAFTA Implementation Act''), and section
301 of title 3, United States Code, it is hereby
ordered as follows:
Section 1. Policy. (a) The North American Agreement on
Environmental Cooperation (``Environmental Cooperation
Agreement'') shall be implemented consistent with
United States policy for the protection of human,
animal or plant life or health, and the environment.
The Environmental Cooperation Agreement shall also be
implemented to advance sustainable development,
pollution prevention, environmental justice, ecosystem
protection, and biodiversity preservation and in a
manner that promotes transparency and public
participation in accordance with the North American
Free Trade Agreement (``NAFTA'') and the Environmental
Cooperation Agreement.
(b) Effective implementation of the Environmental
Cooperation Agreement is essential to the realization
of the environmental objectives of NAFTA and the NAFTA
Implementation Act and promotes cooperation on trade
and environmental issues between the United States,
Canada, and Mexico.
Sec. 2. Implementation of the Environmental Cooperation
Agreement.
(a) Policy Priorities. In accordance with Article
10(2) of the Environmental Cooperation Agreement, it is
the policy of the United States to promote
consideration of, with a view towards developing
recommendations and reaching agreement on, the
following priorities within the Council of the
Commission for Environmental Cooperation (``Council''):
(1) pursuant to Article 10(2)(m), the environmental
impact of goods throughout their life cycles, including
the environmental effects of processes and production
methods and the internalization of environmental costs
associated with products from raw material to disposal;
(2) pursuant to Articles 10(2)(b), (g), (i), (j),
and (k), pollution prevention techniques and
strategies, transboundary and border environmental
issues, the conservation and protection of wild flora
and fauna (including endangered species), their
habitats and specially protected natural areas, and
environmental emergency preparedness and response
activities;
(3) pursuant to Articles 10(3) and 10(4),
implementation of Environmental Cooperation Agreement
provisions and the exchange of information among the
United States, Canada, and Mexico concerning the
development, continuing improvement, and effective
enforcement of, and compliance with, environmental
laws, policies, incentives, regulations, and other
applicable standards;
(4) pursuant to Article 10(5)(a), public access to
environmental information held by public authorities of
each party to the Environmental Cooperation Agreement,
including information on hazardous materials and
activities in its communities, and the opportunity to
participate in decision-making processes related to
such public access;
(5) pursuant to Article 10(2)(1), environmental
matters as they relate to sustainable development; and
(6) other priorities as appropriate or necessary.
(b) United States Representation on the Council.
The Administrator of the Environmental Protection
Agency (``EPA'') shall be the representative of the
United States on the Council. The policies and
positions of the United States in the Council shall be
coordinated through applicable interagency procedures.
(c) Environmental Effects of the NAFTA. Pursuant to
Article 10(6)(d) of the Environmental Cooperation
Agreement, the Administrator of the EPA shall work
actively within the Council to consider on an ongoing
basis the environmental effects of the NAFTA and review
progress toward the objectives of the Environmental
Cooperation Agreement.
(d) Transparency and Public Participation. The
United States, as appropriate, shall endeavor to ensure
the transparency and openness of, and opportunities for
the public to participate in, activities under the
Environmental Cooperation Agreement.
(1) To the greatest extent practicable, pursuant to
Articles 15(1) and 15(2), where the Secretariat of the
Commission for Environmental Cooperation
(``Secretariat'') informs the Council that a factual
record is warranted, the United States shall support
the preparation of such factual record.
(2) To the greatest extent practicable, the United
States shall support public disclosure of all
nonconfidential and nonproprietary elements of reports,
factual records, decisions, recommendations, and other
information gathered or prepared by the Commission for
Environmental Cooperation (``Commission''). Where
requested information is not made available, the United
States shall endeavor to have the Commission state in
writing to the public its reasons for denial of the
request.
(3) The United States shall provide public notice
of the opportunity to apply for inclusion on a roster
of qualified individuals available to serve on arbitral
panels under the Environmental Cooperation Agreement.
(4) The United States shall seek to ensure that the
Model Rules of Procedure for dispute settlement
established pursuant to Articles 28(1) and 28(2) of the
Environmental Cooperation Agreement provide for the
preparation of public versions of written submissions
and arbitral reports not otherwise made publicly
available, and for public access to arbitral hearings.
(5) Consistent with the Environmental Cooperation
Agreement, the EPA Administrator shall develop
procedures to inform the public of arbitral proceedings
and Commission activities under the Environmental
Cooperation Agreement, and to provide appropriate
mechanisms for receiving public comment with respect to
such arbitral proceedings and Commission activities
involving the United States.
(6) As a disputing party, the United States shall
seek to ensure, pursuant to Article 30 of the
Environmental Cooperation Agreement, that the arbitral
panels consult with appropriate experts for information
and technical advice.
(e) Consultation with States. (1) Pursuant to
Article 18 of the Environmental Cooperation Agreement,
the EPA Administrator shall establish a governmental
committee to furnish advice regarding implementation
and further elaboration of the Agreement. Through this
committee, or through other means as appropriate, the
EPA Administrator and other relevant Federal agencies
shall:
(A) inform the States on a continuing basis of matters
under the Environmental Cooperation Agreement that
directly relate to, or will potentially have a direct
impact on, the States, including: (i) dispute
settlement proceedings and other matters involving
enforcement by the States of environmental laws; and
(ii) implementation of the Environmental Cooperation
Agreement, including Council, committee, and working
group activities, in any area in which the States
exercise concurrent or exclusive legislative,
regulatory, or enforcement authority;
(B) provide the States with an opportunity to submit
information and advice with respect to the matters
identified in section 2(e)(1)(A) of this order; and
(C) involve the States to the greatest extent
practicable at each stage of the development of United
States positions regarding matters identified in
section 2(e)(1)(A) of this order that will be addressed
by the Council, committees, subcommittees, or working
groups established under the Environmental Cooperation
Agreement, or through dispute settlement processes
prescribed under the Environmental Cooperation
Agreement (including involvement through the inclusion
of appropriate representatives of the States).
(2) When formulating positions regarding matters
identified in section 2(e)(1)(A) of this order, the
United States shall take into account the information
and advice received from States.
(3) The United States, where appropriate, shall
include representatives of interested States as Members
of the United States delegations to the Council and
other Commission bodies, including arbitral panels.
Sec. 3. National Advisory Committee. The EPA
Administrator shall utilize a National Advisory
Committee as provided under Article 17 of the
Environmental Cooperation Agreement.
Sec. 4. United States Contributions to the Commission
for Environmental Cooperation. In accordance with
section 532(a)(2) of the NAFTA Implementation Act, the
EPA is designated as the agency authorized to make the
contributions of the United States from funds available
for such contributions to the annual budget of the
Commission for Environmental Cooperation.
Sec. 5. Judicial Review. This order is intended only to
improve the internal management of the executive branch
and is not intended to, and does not, create any right
to administrative or judicial review, or any other
right or benefit or trust responsibility, substantive
or procedural, enforceable by a party against the
United States, its agencies or instrumentalities, its
officers or employees, or any other person.
(Presidential Sig.)>
4THE WHITE HOUSE,
May 13, 1994.
[FR Doc. 94-12275
Filed 5-16-94; 2:35 pm]
Billing code 3195-01-P
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