South Dakota Code § 1-44-37

Assumption of federal environmental responsibilities--Highway projects in state
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The Department of Transportation may, by agreement with the federal government pursuant to 23 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.

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