authorize the assumption of certain responsibilities and the waiver of sovereign immunity in connection with certain actions under federal environmental law.

South Dakota gains highway review authority

South Dakota’s transportation department can take on some or all federal environmental duties for state highway projects through a federal agreement. These duties include environmental reviews, consultation, and other required actions under the National Environmental Policy Act. The state gives up its immunity from federal lawsuits over the duties it takes on. The state must pay awarded damages, attorney fees, and costs in covered transportation cases, including related highway or public transportation projects. Payments come from highway taxes or highway appropriations in the state highway fund, despite specified limits in existing state law.