[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Notices]
[Pages 8756-8757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4151]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
COUNCIL ON ENVIRONMENTAL QUALITY
Request for Public Comment Regarding Implementation of Executive
Order 13141: Environmental Review of Trade Agreements
AGENCY: Office of the United States Trade Representative and Council on
Environmental Quality.
ACTION: Notice of request for written public comment.
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SUMMARY: On November 16, 1999, President Clinton signed Executive Order
13141. 64 FR 63169 (Nov. 18, 1999). The Order states that the United
States is committed to a policy of ongoing assessment and evaluation of
the environmental impacts of trade agreements, and in certain
instances, written environmental reviews. The Order directs the Office
of the United States Trade Representative (USTR) and the Council on
Environmental Quality (CEQ) to oversee implementation of the Order,
including the development of procedures pursuant to the Order, in
consultation with appropriate foreign policy, environmental, and
economic agencies. For convenience, the text of the Order is reproduced
below.
USTR and CEQ seek the written views of the public concerning the
issues the agencies should consider with respect to implementing the
Order, including such matters as: general views on how the
environmental review process should work, mechanisms for involving the
public, including the role of USTR's advisory committees in the
process; timing and process for conducting a written environmental
review for those agreements requiring it; and appropriate methodologies
for assessing environmental impacts in the context of trade
negotiations.
USTR and CEQ will use this information, in part, to develop
implementing guidelines, with the goal of completing the guidelines by
mid-year. USTR and CEQ also intend to hold a public hearing concerning
the implementation of the Executive Order, and to request public
comment on draft guidelines. The public will be notified of those
opportunities in subsequent Federal Register notices.
DATE: Comments are due no later than April 7, 2000.
ADDRESSES: Comments must be submitted to Gloria Blue, Executive
Secretary, Trade Policy Staff Committee, ATTN: Implementation of
Executive Order 13141--Environmental Review of Trade Agreements, Office
of the U.S. Trade Representative, room 122, 600 Seventeenth Street,
NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Office of the U.S. Trade
Representative, Environment and Natural Resources Section, telephone
202-395-7320 or Council on Environmental Quality, telephone 202-456-
6224.
SUPPLEMENTARY INFORMATION: Executive Order 13141 provides as follows:
Environmental Review of Trade Agreements
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
further the environmental and trade policy goals of the United
States, it is hereby ordered as follows:
Section 1. Policy. The United States is committed to a policy of
careful assessment and consideration of the environmental impacts of
trade agreements. The United States will factor environmental
considerations into the development of its grade negotiating
objectives. Responsible agencies will accomplish these goals through
a process of ongoing assessment and evaluation, and, in certain
instances, written environmental reviews.
Sec. 2. Purpose and Need. Trade agreements should contribute to
the broader goal of sustainable development. Environmental reviews
are an important tool to help identify potential environmental
effects of trade agreements, both positive and negative, and to help
facilitate consideration of appropriate responses to those effects
whether in the course of negotiations, through other means, or both.
Sec. 3 (a) Implementation. The United States Trade
Representative (``Trade Representative'') and the Chair of the
Council on Environmental Quality shall oversee the implementation of
this order, including the development of procedures pursuant to this
order, in consultation with appropriate foreign policy,
environmental, and economic agencies.
(b) Conduct of Environmental Reviews. The Trade Representative,
through the interagency Trade Policy Staff Committee (TPSC), shall
conduct the environmental reviews of the agreements under section 4
of this order.
Sec. 4. Trade Agreements.
(a) Certain agreements which the United States may negotiate
shall require an environmental review. These include:
(i) comprehensive multilateral trade rounds;
(ii) bilateral or plurilateral free trade agreements; and
(iii) major new trade liberalization agreements in natural
resource sectors.
(b) Agreements reached in connection with enforcement and
dispute resolution actions are not covered by this order.
(c) For trade agreements not covered under subsections 4 (a) and
(b), environmental reviews will generally not be required. Most
sectoral liberalization agreements will not require an environmental
review. The Trade Representative, through the TPSC, shall determine
whether an environmental review of an agreement or category of
agreements is warranted based on such factors as the significance of
reasonably foreseeable environmental impacts.
Sec. 5. Environmental Reviews.
(a) Environmental reviews shall be:
(i) written;
(ii) initiated through a Federal Register notice, outlining the
proposed agreement and soliciting public comment and information on
the scope of the environmental review of the agreement;
(iii) undertaken sufficiently early in the process to inform the
development of negotiating positions, but shall not be a condition
for the timely tabling of particular negotiating proposals;
(iv) made available in draft form for public comment, where
practicable; and
(v) made available to the public in final form.
(b) As a general matter, the focus of environmental reviews will
have impacts in the United States. As appropriate and prudent,
reviews may also examine global and transboundary impacts.
Sec. 6. Resources. Upon request by the Trade Representative,
Federal agencies shall, to the extent permitted by law and subject
to the availability of appropriations, provide analytical and
financial resources and
[[Page 8757]]
support, including the detail of appropriate personnel, to the
Office of the Trade Representative to carry out the provisions of
this order.
Sec. 7. General Provisions. This order is intended only to
improve the internal management of the executive branch and does not
create any right, benefit, trust, or responsibility, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies, its officers, or any person.
The White House
SUBMISSION OF WRITTEN COMMENTS: Persons wishing to submit written
comments in response to this notice should provide 20 copies no later
than 45 days from the date of this notice to Gloria Blue, Executive
Secretary, Trade Policy Staff Committee, ATTN: Implementation of
Executive Order 13141--Environmental Review of Trade Agreements, Office
of the U.S. Trade Representative, room 122, 600 Seventeenth Street, NW,
Washington, DC 20508.
Submissions will be available for public inspection at the USTR
Reading Room, Room 101, Office of the U.S. Trade Representative, 600
Seventeenth Street, NW, Washington, D.C. An appointment to review the
file may be made by calling Brenda Webb at (202) 395-6186. The Reading
Room is open to the public from 10 a.m. to 12 noon and from 1 p.m. to 4
p.m., Monday through Friday.
Carmen Suro-Bredie,
Acting Chair, Trade Policy Staff Committee.
Dinah Bear,
General Counsel, Council on Environmental Quality.
[FR Doc. 00-4151 Filed 2-18-00; 8:45 am]
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