The Department of State ("State Department") recently announced that it is seeking public comments related to the Biden-Harris administration's Executive Order on Strengthening the Nation's Forests, Communities, and Local Economies (E.O. 14072) until December 2, 2022. The E.O. directs the State Department, in consultation with other agencies, to produce a report by April 22, 2023 that recommends methods to combat international deforestation. Although general comments are welcome, the State Department has provided a list of questions to guide companies' responses available via the Federal Register's Public Notice (87 FR 63142). Companies involved in the lumber and agricultural industries or related supply chains are especially advised to submit comments.
Public comments and the subsequent State Department report will be used to inform the Biden-Harris administration's policies on forest conservation. President Biden's Plan to Conserve Global Forests: Critical Carbon Sinks set the goals of ending natural forest loss, restoring at least an additional 200 million hectares of vital ecosystems, and showcasing new economic models conducive to the services provided by critical worldwide ecosystems by 2030. These goals emphasize how greenhouse gas emissions can be reduced by enhancing peatland and forest ecosystems in the Amazon, Congo Basin and Southeast Asia and using the Lacey Act (16 U.S.C. 3371-3378) to combat illegal logging and the trade of illegally sourced wood. With these targets in mind, the State Department is requesting feedback in these key areas:
- Approach to Identifying Deforested Lands
- Approach to Addressing Deforestation Associated with Commodities
- Data and Information
- Covered Commodities
- Covered Entities
- Prioritization of Resources
- Monitoring and Traceability
- Certification Schemes
- Public Private Partnerships
- Resources.
Companies interested in providing input to the Biden-Harris administration should send comments in PDF form or as a Word attachment in an email to DeforestationRFI@state.gov by December 2, 2022. Akin Gump frequently advises clients on the preparation of comments and welcomes the opportunity to assist companies in impacted sectors as they craft their feedback for the State Department and, ultimately, the administration.
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