[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1506.5]



[Page 886]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1506_OTHER REQUIREMENTS OF NEPA--Table of Contents

 

Sec.  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 (Sec.  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 

Sec. Sec.  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 

Sec.  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.