C.F.R. » Title 43 » PART 46—IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 › Subpart B—Protection and Enhancement of Environmental Quality

43 C.F.R. § 46.105

Using a bureau-directed contractor to prepare environmental documents

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(a) A Responsible Official may use a bureau-directed contractor to prepare any environmental document.

(b) If a Responsible Official uses a bureau-directed contractor, the Responsible Official remains responsible for:

(1) Preparation and adequacy of the environmental documents; and

(2) Independent evaluation of the environmental documents after their completion. The Responsible Official must briefly document the bureau's evaluation of the environmental document and ensure that it meets the standards under NEPA, this Part, and any Departmental or bureau-specific procedures or guidance.

(c) The Responsible Official shall require any bureau-directed contractor preparing an environmental document to submit a professional integrity statement certifying that the environmental document is prepared with professional and scientific integrity, using reliable data and resources, consistent with 42 U.S.C. 4332(2)(E) and Secretary's Order 3441, Implementing the Requirements of Executive Order 14303, Restoring Gold Standard Science and meets bureau needs for decision-making. In addition, the Responsible Official shall require any bureau-directed contractor preparing an environmental document to submit a disclosure statement specifying that the contractor has no financial or other interest in the outcome of the action.

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Forest Cnty. Potawatomi Cmty. v. Sally Jewel, 278 F. Supp. 3d 181 (D.D.C. 2017).
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Forest Cnty. Potawatomi Cmty. v. Sally Jewel, 278 F. Supp. 3d 181 (D.D.C. 2017). “5 (a), (c); 43 C.F.R. § 46.105 ). As such, the plaintiff argues, AES created the internal records the' plaintiff' seeks “on behalf of’ the defendants and under their “extensive supervision and control.”
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