40 CFR 1506.5 - Agency responsibility.
(a) Information. If an agency requires an applicant to submit environmental information for possible use by the agency in preparing an environmental impact statement, then the agency should assist the applicant by outlining the types of information required. The agency shall independently evaluate the information submitted and shall be responsible for its accuracy. If the agency chooses to use the information submitted by the applicant in the environmental impact statement, either directly or by reference, then the names of the persons responsible for the independent evaluation shall be included in the list of preparers (§ 1502.17). It is the intent of this paragraph that acceptable work not be redone, but that it be verified by the agency.
(b) Environmental assessments. If an agency permits an applicant to prepare an environmental assessment, the agency, besides fulfilling the requirements of paragraph (a) of this section, shall make its own evaluation of the environmental issues and take responsibility for the scope and content of the environmental assessment.
(c) Environmental impact statements. Except as provided in §§ 1506.2 and 1506.3 any environmental impact statement prepared pursuant to the requirements of NEPA shall be prepared directly by or by a contractor selected by the lead agency or where appropriate under § 1501.6(b), a cooperating agency. It is the intent of these regulations that the contractor be chosen solely by the lead agency, or by the lead agency in cooperation with cooperating agencies, or where appropriate by a cooperating agency to avoid any conflict of interest. Contractors shall execute a disclosure statement prepared by the lead agency, or where appropriate the cooperating agency, specifying that they have no financial or other interest in the outcome of the project. If the document is prepared by contract, the responsible Federal official shall furnish guidance and participate in the preparation and shall independently evaluate the statement prior to its approval and take responsibility for its scope and contents. Nothing in this section is intended to prohibit any agency from requesting any person to submit information to it or to prohibit any person from submitting information to any agency.
- 7 CFR 1970.6 — Definitions and Acronyms.
- 7 CFR 3407.3 — Policy.
- 7 CFR 1970.11 — Timing of the Environmental Review Process.
- 7 CFR 520.3 — Policy.
- 7 CFR 1970.152 — EIS Funding and Professional Services.
- 10 CFR 1021.215 — Applicant Process.
- 10 CFR 1021.310 — Environmental Impact Statements.
- 15 CFR 923.60 — Review/Approval Procedures.
- 23 CFR 771.123 — Draft Environmental Impact Statements.
- 23 CFR 772.13 — Analysis of Noise Abatement.
- 24 CFR 1000.20 — Is an Indian Tribe Required to Assume Environmental Review Responsibilities?
- 29 CFR 11.3 — Responsible Agency Officials.
- 6 CFR 989.7 — Requests From Non-Air Force Agencies or Entities.
- 36 CFR 1010.14 — Review of Proposals by Project Applicants.
- 40 CFR 6.303 — Third-Party Agreements.
- 40 CFR 6.302 — Responsible Official Requirements.
- 43 CFR 46.105 — Using a Contractor to Prepare Environmental Documents.
- 50 CFR 13.12 — General Information Requirements on Applications for Permits.