Bill > SB71

This bill allows the South Dakota Department of Transportation to take on certain environmental review responsibilities for highway projects that are currently handled by the federal government, specifically under the National Environmental Policy Act (NEPA), which is a federal law requiring environmental impact assessments for major federal actions. By entering into agreements with the federal government, the state can assume these duties, which include environmental reviews, consultations, and other actions related to highway projects. In exchange for taking on these responsibilities, the state of South Dakota agrees to waive its sovereign immunity, meaning it can be sued in federal court for issues arising from its compliance, discharge, or enforcement of these assumed environmental duties, as protected by the Eleventh Amendment to the U.S. Constitution. Furthermore, the bill clarifies that the state will pay any damages, attorney fees, and costs awarded to a successful litigant in lawsuits related to these highway projects or environmental responsibilities, using funds from the state highway fund.

Transportation and Infrastructure

Transportation (Senate)

https://sdlegislature.gov/#/Session/Bill/26780