19 U.S.C. § 3472 — Agreement on Environmental Cooperation

Page 853 TITLE 19—CUSTOMS DUTIES § 3472 Section 3463, Pub. L. 103–182, title V, § 514, Dec. 8, 1993, 107 Stat. 2157, required reports on the impact of NAFTA on motor vehicle exports to Mexico. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the date on which the USMCA en- tered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title. EFFECTIVE DATE Pub. L. 103–182, title V, § 516, Dec. 8, 1993, 107 Stat. 2160, which provided that subtitle B of title V of Pub. L. 103–182, except for section 515, took effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). PART B—IMPLEMENTATION OF NAFTA SUPPLEMENTAL AGREEMENTS § 3471. Repealed. Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78 Section, Pub. L. 103–182, title V, § 531, Dec. 8, 1993, 107 Stat. 2163, authorized the United States to participate in the Commission for Labor Cooperation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the date on which the USMCA en- tered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title. § 3472. Agreement on Environmental Cooperation (a) Commission for Environmental Cooperation (1) Membership The United States is authorized to partici- pate in the Commission for Environmental Co- operation in accordance with the North Amer- ican Agreement on Environmental Coopera- tion. (2) Contributions to budget There are authorized to be appropriated to the President (or such agency as the President may designate) $5,000,000 for each of fiscal years 1994 and 1995 for United States contribu- tions to the annual budget of the Commission for Environmental Cooperation pursuant to Article 43 of the North American Agreement on Environmental Cooperation. Funds author- ized to be appropriated for such contributions by this paragraph are in addition to any funds otherwise available for such contributions. Funds authorized to be appropriated by this paragraph are authorized to be made available until expended. (b) Definitions As used in this section— (1) the term ‘‘Commission for Environmental Cooperation’’ means the commission estab- lished by Part Three of the North American Agreement on Environmental Cooperation; and (2) the term ‘‘North American Agreement on Environmental Cooperation’’ means the North American Agreement on Environmental Co- operation Between the Government of the United States of America, the Government of Canada, and the Government of the United Mexican States (signed at Mexico City, Wash- ington, and Ottawa on September 8, 9, 12, and 14, 1993). (Pub. L. 103–182, title V, § 532, Dec. 8, 1993, 107 Stat. 2164; Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, § 601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 601(a)(1), (2), provided that sec- tion 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such sec- tion 601 had not been enacted. See below. Pub. L. 116–113, § 601, which repealed this section ef- fective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by sec- tion 601(a)(1), (2) of Pub. L. 116–260. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEX- ICO-CANADA AGREEMENT IMPLEMENTATION ACT: ENVI- RONMENT COOPERATION COMMISSIONS AND NORTH AMERICAN DEVELOPMENT BANK Pub. L. 116–260, div. O, title VI, § 601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149, provided that: ‘‘(1) IN GENERAL.—Section 601 of the United States- Mexico-Canada Agreement Implementation Act (Public Law 116–113; 134 Stat. 78) [19 U.S.C. 3301 note] shall not apply to the provisions specified in paragraph (2) and such provisions shall be restored and revived as if such section had not been enacted. ‘‘(2) PROVISIONS SPECIFIED.—The provisions specified in this paragraph are the following: ‘‘(A) Sections 532 and 533 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3472, 3473]. ‘‘(B) Part 2 of subtitle D of title V of such Act (as amended by section 831 of the United States-Mexico- Canada Agreement Implementation Act) [22 U.S.C. 290m et seq.].’’ [Section 601(a)(1), (2) of Pub. L. 116–260, set out above, effective on July 1, 2020, see section 601(h) of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note under section 81c of this title.] Executive Documents EX. ORD. NO. 12915. FEDERAL IMPLEMENTATION OF THE NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL CO- OPERATION Ex. Ord. No. 12915, May 13, 1994, 59 F.R. 25775, pro- vided: 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’’) [see Tables for classification], and section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. POLICY. (a) The North American Agree- ment on Environmental Cooperation (‘‘Environmental Cooperation Agreement’’) shall be implemented con- sistent with United States policy for the protection of human, animal or plant life or health, and the environ- Page 854 TITLE 19—CUSTOMS DUTIES § 3472 ment. The Environmental Cooperation Agreement shall also be implemented to advance sustainable develop- ment, pollution prevention, environmental justice, eco- system protection, and biodiversity preservation and in a manner that promotes transparency and public par- ticipation 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 ENVIRON- MENTAL 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 Environ- mental 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 (in- cluding endangered species), their habitats and spe- cially protected natural areas, and environmental emergency preparedness and response activities; (3) pursuant to Articles 10(3) and 10(4), implementa- tion of Environmental Cooperation Agreement provi- sions and the exchange of information among the United States, Canada, and Mexico concerning the de- velopment, continuing improvement, and effective en- forcement of, and compliance with, environmental laws, policies, incentives, regulations, and other appli- cable standards; (4) pursuant to Article 10(5)(a), public access to envi- ronmental information held by public authorities of each party to the Environmental Cooperation Agree- ment, 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 mat- ters as they relate to sustainable development; and (6) other priorities as appropriate or necessary. (b) United States Representation on the Council. The Ad- ministrator 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 re- view progress toward the objectives of the Environ- mental 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 Environ- mental 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 (‘‘Secre- tariat’’) informs the Council that a factual record is warranted, the United States shall support the prepara- tion of such factual record. (2) To the greatest extent practicable, the United States shall support public disclosure of all noncon- fidential and nonproprietary elements of reports, fac- tual records, decisions, recommendations, and other in- formation gathered or prepared by the Commission for Environmental Cooperation (‘‘Commission’’). Where re- quested 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 re- quest. (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 pan- els under the Environmental Cooperation Agreement. (4) The United States shall seek to ensure that the Model Rules of Procedure for dispute settlement estab- lished pursuant to Articles 28(1) and 28(2) of the Envi- ronmental Cooperation Agreement provide for the preparation of public versions of written submissions and arbitral reports not otherwise made publicly avail- able, and for public access to arbitral hearings. (5) Consistent with the Environmental Cooperation Agreement, the EPA Administrator shall develop pro- cedures to inform the public of arbitral proceedings and Commission activities under the Environmental Co- operation Agreement, and to provide appropriate mech- anisms for receiving public comment with respect to such arbitral proceedings and Commission activities in- volving 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 con- sult with appropriate experts for information and tech- nical advice. (e) Consultation with States. (1) Pursuant to Article 18 of the Environmental Cooperation Agreement, the EPA Administrator shall establish a governmental com- mittee 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 agen- cies shall: (A) inform the States on a continuing basis of mat- ters under the Environmental Cooperation Agree- ment 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 Co- operation Agreement, including Council, committee, and working group activities, in any area in which the States exercise concurrent or exclusive legisla- tive, regulatory, or enforcement authority; (B) provide the States with an opportunity to sub- mit information and advice with respect to the mat- ters identified in section 2(e)(1)(A) of this order; and (C) involve the States to the greatest extent prac- ticable at each stage of the development of United States positions regarding matters identified in sec- tion 2(e)(1)(A) of this order that will be addressed by the Council, committees, subcommittees, or working groups established under the Environmental Coopera- tion Agreement, or through dispute settlement proc- esses prescribed under the Environmental Coopera- tion 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 ad- vice received from States. (3) The United States, where appropriate, shall in- clude 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 Environ- mental Cooperation Agreement. SEC. 4. UNITED STATES CONTRIBUTIONS TO THE COMMISSION FOR ENVIRONMENTAL COOPERA- TION. In accordance with section 532(a)(2) of the NAFTA Implementation Act [19 U.S.C. 3472(a)(2)], the Page 855 TITLE 19—CUSTOMS DUTIES § 3473 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 execu- tive 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, sub- stantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. WILLIAM J. CLINTON. EXTENSION OF TERM OF GOVERNMENTAL ADVISORY COM- MITTEE TO THE UNITED STATES REPRESENTATIVE TO THE NORTH AMERICAN COMMISSION FOR ENVIRON- MENTAL COOPERATION Term of Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of Governmental Advi- sory Committee to the United States Representative to the North American Commission for Environmental Cooperation were contained in the following prior Ex- ecutive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. EXTENSION OF TERM OF NATIONAL ADVISORY COMMITTEE TO THE UNITED STATES REPRESENTATIVE TO THE NORTH AMERICAN COMMISSION FOR ENVIRONMENTAL COOPERA- TION Term of National Advisory Committee to the United States Representative to the North American Commis- sion for Environmental Cooperation extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of National Advisory Committee to the United States Representative to the North American Commission for Environmental Co- operation were contained in the following prior Execu- tive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. § 3473. Agreement on Border Environment Co- operation Commission (a) Border Environment Cooperation Commis- sion (1) Membership The United States is authorized to partici- pate in the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement. (2) Contributions to the Commission budget There are authorized to be appropriated to the President (or such agency as the President may designate) $5,000,000 for fiscal year 1994 and each fiscal year thereafter for United States contributions to the budget of the Bor- der Environment Cooperation Commission pursuant to section 7 of Article III of Chapter I of the Border Environment Cooperation Agreement. Funds authorized to be appro- priated for such contributions by this para- graph are in addition to any funds otherwise available for such contributions. Funds au- thorized to be appropriated by this paragraph are authorized to be made available until ex- pended. (b) Civil actions involving Commission For the purpose of any civil action which may be brought within the United States by or against the Border Environment Cooperation Commission in accordance with the Border En- vironment Cooperation Agreement (including an action brought to enforce an arbitral award against the Commission), the Commission shall be deemed to be an inhabitant of the Federal ju- dicial district in which its principal office with- in the United States, or its agent appointed for the purpose of accepting service or notice of service, is located. Any such action to which the Commission is a party shall be deemed to arise under the laws of the United States, and the dis- trict courts of the United States (including the courts enumerated in section 460 of title 28) shall have original jurisdiction of any such ac- tion. When the Commission is a defendant in any action in a State court, it may at any time before trial remove the action into the appro- priate district court of the United States by fol- lowing the procedure for removal provided in section 1446 of title 28. (c) Definitions As used in this section— (1) the term ‘‘Border Environment Coopera- tion Agreement’’ means the November 1993 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 Co- operation Commission and a North American Development Bank; (2) the terms ‘‘Border Environment Coopera- tion Commission’’ and ‘‘Commission’’ mean the commission established pursuant to Chap- ter I of the Border Environment Cooperation Agreement; and (3) the term ‘‘United States’’ means the United States, its territories and possessions, and the Commonwealth of Puerto Rico. (Pub. L. 103–182, title V, § 533, Dec. 8, 1993, 107 Stat. 2164; Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, § 601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 601(a)(1), (2), provided that sec- tion 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such sec- tion 601 had not been enacted. See below. Pub. L. 116–113, § 601, which repealed this section ef- fective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by sec- tion 601(a)(1), (2) of Pub. L. 116–260.