This bill authorizes the South Dakota Department of Transportation to assume certain responsibilities from the federal government regarding environmental reviews and actions related to highway projects, as permitted under federal law (23 U.S.C. 326 and 327 and the National Environmental Policy Act). The new section added to chapter 1-44 allows the Department to take on these responsibilities, facilitating a more streamlined process for highway project approvals within the state.

Additionally, the bill includes a provision that waives the state's sovereign immunity in federal court for cases involving compliance or enforcement of the responsibilities assumed by the Department of Transportation. This waiver allows for legal actions against the state in federal court, as outlined in the new section. Furthermore, the bill amends existing law to ensure that the state will pay damages and attorney fees to successful litigants in such cases from the state highway fund, thereby reinforcing the state's commitment to accountability in environmental compliance related to transportation projects.

Statutes affected:
Introduced, 01/08/2026: 31-2-38
Enrolled, 02/24/2026: 31-2-38