Changes to Existing Law

26.481.16 26.481.17 101st Legislative Session 71 2026 South Dakota Legislature Senate Bill 71 Introduced by: The Chair of the Committee on Transportation at the request of the Department of Transportation Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to authorize the assumption of certain responsibilities and the waiver of 1 sovereign immunity in connection with certain actions under federal 2 environmental law. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That a NEW SECTION be added to chapter 1-44: 5 The Department of Transportation may, by agreement with the federal government 6 pursuant to 23 U.S.C. §§ 326 and 327, assume all or part of the responsibilities of the 7 federal government under the National Environmental Policy Act, as set forth under 42 8 U.S.C. §§ 4321 to 4370, inclusive, for environmental review, consultation, or other actions 9 required with respect to highway projects within this state. 10 Section 2. That a NEW SECTION be added to chapter 1-44: 11 In cases that involve compliance, discharge, or enforcement of responsibilities 12 assumed by the Department of Transportation under section 1 of this Act, this state waives 13 sovereign immunity from suit in federal court provided under the Eleventh Amendment to 14 the Constitution of the United States. 15 Section 3. That § 31-2-38 be AMENDED: 16 31-2-38. The Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2, the 17 State of South Dakota shall pay to any successful litigant in an action brought pursuant 18 to this chapter or with respect to any highway or public transportation project pursuant to 19 section 1 of this Act, the amount of damages awarded and the amount of attorney fees 20 and costs assessed against the State of South Dakota this state, out of the state highway 21 fund from all the moneys levied and collected by the state by general state taxation for 22 state highway purposes, or appropriated for state highway purposes. 23 26.481.17 2 71 SB71 ENROLLED An Act to authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law. I certify that the attached Act originated in the: Senate as Bill No. 71 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 71 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State