Changes to Existing Law
SB71 — Authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.
2 sections modified+664-16
View:
§ 1-44
New Section+405
NEW SECTION added to Chapter 1-44
The Department of Transportation may, by agreement with the federal government pursuant to U.S.C. §§ 326 and 327, assume all or part of the responsibilities of the federal government under the National Environmental Policy Act, as set forth under 42 U.S.C. §§ 4321 to 4370, inclusive, for environmental review, consultation, or other actions required with respect to highway projects within this state. 10
§ 31-2-38
Amended+259-16
Section 31-2-38 — AMENDED
31-2-38. The Notwithstanding any limitation in § 31-2-13.2 or 31-2-14.2, the State of South Dakota shall pay to any successful litigant, litigant in an action brought pursuant to this chapter or with respect to any highway or public transportation project pursuant to section of this Act, the amount of damages awarded and the amount of attorney fees and costs assessed against the State of South Dakota, Dakota this state, out of the state highway fund from all the moneys levied and collected by the state by general state taxation for state highway purposes, or appropriated for state highway purposes. 23