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DOT weighs NEPA assignment under Senate Bill 71; tribes raised consultation concerns
Summary
Commissioners heard that Senate Bill 71 (sovereign-immunity waiver for some highway projects) passed and DOT is exploring a one- to two-year process for possible NEPA assignment; tribal testimony flagged concerns over government-to-government consultation, which DOT said federal rules would preserve.
Commissioners spent substantial time on Senate Bill 71, which would allow the state to assume certain NEPA responsibilities. Secretary Valley explained the likely timeline: "If we do it just for what we call category exclusion projects, that process just to get them to approve that is 1 year. If we do it for all of our the full oversight it would be a 2 year process," he said.
Valley said tribes raised concerns about government-to-government consultation and that Crow Creek and Cheyenne River representatives testified against the bill. He emphasized the department's understanding that federal requirements prevent delegation of the government-to-government consultation obligation to the state and that DOT staff will perform a gap analysis and work with Federal Highway before any assignment is finalized.
