This bill authorizes the South Dakota Department of Transportation to assume certain responsibilities under the National Environmental Policy Act (NEPA) for environmental reviews related to highway projects. Specifically, it allows the Department to enter into agreements with the federal government to take on these responsibilities, as outlined in 23 U.S.C. 326 and 327.

Additionally, the bill includes a waiver of sovereign immunity for the state in federal court concerning actions related to compliance, discharge, or enforcement of the responsibilities assumed by the Department. It also amends existing law to ensure that the state will pay damages, attorney fees, and costs to successful litigants in cases related to highway or public transportation projects, using funds from the state highway fund.

Statutes affected:
Introduced, 01/08/2026: 31-2-38