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SD SB71
Bill
AI Summary
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South Dakota Department of Transportation may enter agreements with the federal government under 23 U.S.C. §§ 326 and 327 to assume federal responsibilities for environmental review under the National Environmental Policy Act (42 U.S.C. §§ 4321-4370) for highway projects within the state
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South Dakota waives Eleventh Amendment sovereign immunity from suit in federal court for cases involving compliance, discharge, or enforcement of the assumed NEPA responsibilities
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State highway fund designated to pay damages, attorney fees, and costs awarded to successful litigants in actions related to highway or public transportation projects under this Act
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Amends § 31-2-38 to expand payment obligations beyond existing chapter limitations (§ 31-2-13.2 and 31-2-14.2) to cover environmental review-related litigation
Legislative Description
Authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.
State Affairs and Government
Last Action
Signed by the Governor on March 04, 2026 S.J. 452
3/4/2026