                        TITLE 19--CUSTOMS DUTIES
 
                  CHAPTER 21--NORTH AMERICAN FREE TRADE
 
                 SUBCHAPTER V--MISCELLANEOUS PROVISIONS
 
         Part B--Implementation of NAFTA Supplemental Agreements
 
Sec. 3472. Agreement on Environmental Cooperation


(a) Commission for Environmental Cooperation

                           (1) Membership

        The United States is authorized to participate in the Commission 
    for Environmental Cooperation in accordance with the North American 
    Agreement on Environmental Cooperation.

                     (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 contributions to the 
    annual budget of the Commission for Environmental Cooperation 
    pursuant to Article 43 of the North American Agreement on 
    Environmental Cooperation. Funds authorized 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 established 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 
    Cooperation 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, Washington, and Ottawa on September 
    8, 9, 12, and 14, 1993).

(Pub. L. 103-182, title V, Sec. 532, Dec. 8, 1993, 107 Stat. 2164.)

    Ex. Ord. No. 12915. Federal Implementation of the North American 
                 Agreement on Environmental Cooperation

    Ex. Ord. No. 12915, May 13, 1994, 59 F.R. 25775, provided:
    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 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 [19 U.S.C. 3472(a)(2)], 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.
                                                     William J. Clinton.
