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Commission briefed on bill that could shift NEPA duties to state DOT

South Dakota Transportation Commission · February 26, 2026
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Secretary Jundt told commissioners Senate Bill 71 would transfer some or all NEPA compliance from FHWA to the South Dakota Department of Transportation; SDDOT estimates the FHWA approval process could take about 1–2 years.

Secretary Joel Jundt reported to the Commission that Senate Bill 71 would move NEPA compliance responsibilities from the Federal Highway Administration to the Department. He said the Department will begin reviewing requirements to assume those duties and that the timeline to obtain FHWA approval would be approximately one to two years depending on whether the Department seeks full or partial assignment (for example, categorical exclusions only).

Jundt noted the Department is planning to inventory the procedural and staffing requirements that would accompany such a transfer and that any formal assignment would require FHWA approval before the Department could act in lieu of the federal agency.