[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