§ 1506.5 - Agency responsibility for environmental documents.

§ 1506.5 Agency responsibility for environmental documents.

(a) ResponsibilityAgency responsibility. The agency is responsible for the accuracy, scope (§ 1501.93(eb) of this chaptersubchapter), and content of environmental documents and shall ensure they are prepared with professional and scientific integrity, using reliable data and resources, regardless of whether they are prepared by the agency or by an applicant or a contractor under the supervision and direction of the agency or by the applicant under procedures the agency adopts pursuant to section 107(f) of NEPA and § 1507.3(

b)Information

c)(12) of this subchapter. The agency shall exercise its independent judgment and briefly document its determination that an environmental document meets the standards under NEPA, the regulations in this subchapter, and the agency's NEPA procedures.

(b) Applicant-provided information. An agency may require an applicant to submit environmental information for possible use by the agency in preparing an environmental document. An agency also may direct an applicant or

(1) The agency should assist the applicant by outlining the types of information required for the preparation of environmental documents.

(2) The agency shall independently evaluate the information submitted by the applicant and, to the extent it is integrated into the environmental document, shall be responsible for its accuracy, scope, and contents.

(3) An agency may allow an applicant to prepare environmental assessments and environmental impact statements pursuant to its agency procedures, consistent with section 107(f) of NEPA and § 1507.3(c)(12) of this subchapter.

(c) Agency-directed contractor. An agency may authorize a contractor to prepare an environmental document under the supervision and direction of the agency.

(1) The agency

should assist the applicant by outlining the types of information required or, for the preparation of environmental documents,

shall provide guidance to the

applicant or

contractor and participate in

their

and supervise the environmental document's preparation.

(2) The agency shall independently evaluate the

information submitted or the

environmental document

and

prepared by the agency-directed contractor, shall be responsible for its accuracy, scope, and contents, and document the agency's evaluation in the environmental document.

(3) The agency shall include in the environmental document the names and qualifications of the persons preparing environmental documents, and conducting the independent evaluation of any information submitted or environmental documents prepared by

an applicant or

a contractor, such as in the list of preparers for environmental impact statements (§ 1502.18 of this

chapter

subchapter). It is the intent of this paragraph (

b

c)(3) that acceptable work not be redone, but that it be verified by the agency.

(4)

Contractors or applicants preparing environmental assessments or environmental impact statements shall submit

The lead agency or, where appropriate, a cooperating agency shall prepare a disclosure statement

to the lead agency that specifies any

for the contractor's execution specifying that the contractor has no financial or other interest in the outcome of the action. Such statement need not include privileged or confidential trade secrets or other confidential business information.

(

5

d) Information generally. Nothing in this section is intended to prohibit

any

an agency from requesting any person, including the applicant, to submit information to it or to prohibit any person from submitting information to

any

an agency for use in preparing environmental documents.