Sunday, February 22, 2015

Item # 2, Events/Deadlines


INDEX TO THIS SECTION
1. Events & Deadlines & Alerts in August & forward into 2018

Current Events
1.) Prairie Hills Audubon Society (PHAS) events 
2) iterative events,- a local environmental/conservation group's monthly meeting list 
              (iterative events - events which reoccur each month at same day/time) , 
 3.) then specific events for the next few weeks of the current month (chronological) 
4.) then goes to specific events in future weeks of upcoming months 
5) the section on the Legislature 
              scroll past 12 inches of empty space:
6) . then it goes to old alerts 
Old Alert Topics 

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A) Mineral Mountain Resources Exploration project
B) Pennington County Mine Ordinance Rewrite
C) Non-meandered waters Alert
D) Mountain Lion Plan Revision Alert 
E) Alert on Resilient Landscape DEIS (Forest Service)
F) announcement of Petitions to list or de-list under ESA and 
G)  S3254/SB 114 (Land Trade Little Spearfish Canyon & Bismark Lake) & 
H).  SD Important Bird Areas
I)  Missouri River Recovery
J) to Sage Grouse Litigation filed by PHAS and others in February  2016
K) then goes to - suspended campaigns discussions, 
for which comment deadlines have past, but related issues persist

HOME PAGE CONTENT BEGINS
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Prairie Hills Audubon Society  (PHAS) 
Meetings & Events


PHAS now has a Facebook page

Prairie dog photo copyright by Nancy Hilding

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Our last formal eventing meeting was Endangered Species Day May 18th,  in Rapid City at OCW
Summer meeting schedule was very minimal.  We had a lunch in June and a dinner in August

Monday August 27th, 2018 
We had dinner at Hana's Restaurant, - 5:30 pm
in the banquet room. 
 Hana's Restaurant, 
(Asian food), on 3550 Sturgis Rd, Rapid City. 

We have PHAS lunch or dinner meetings in some months  - 
they may occur in the second half of the month, often on a Friday or Monday - 
at Hana's Restaurant, 
(Asian food), on 3550 Sturgis Rd, Rapid City. 
We normally have membership  meetings on the 4th Thursday at OCW, (except during summer)
 but this can vary as we may  have conflicts with holidays and/or 
schedule alternate events.  There may only be a dinner in September, instead of evening meeting. 
 We will  co-host an election forum in October - Sunday October 21st for legislative Districts 29 and 33.
(scroll down for details)
We normally co-host a cracker barrel in Piedmont on second Saturday in February 
and Endangered Species Day event on the 3rd Friday in May and a field trip to La Creek NWR in May..

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Field trips occur when announced.  
 Board meetings are by conference call and members welcome. 
Contact - nhilding (at) rapidnet.com, 787-6779
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PHAS is invited to be a "stakeholder" at SDGFP's Mountain lion Stakeholder meeting to occur in late
September or early October 2018.
Contact Nancy  Hilding - 787-6466 or nhilding@rapidnet.com for more information.

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ITERATIVE EVENTS 
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Early Part of the Month Enviro Group Meets:
Various environmental groups meet in first weeks of the month on a fixed/repeating day of month.

The Black Hills Sportsmen have lunch meeting (start 12:00 am) the first Tuesday,  Rapid City, Rushmore Hotel, for info: Eric Porisch <ericporisch(at) hotmail.com>, 
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Rapid City Chapter of Izaak Walton League may meet in the eve (6:30 pm) of the first Wednesday
Rapid City,  normally at  Outdoor Campus West (OCW), they may take a break during summer.
for info: Mark Boddicker <boddicker (at) mt-rushmore.net>
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Northern Hills Bird Club meets the first Thursday eve (7 pm) , Sturgis Library - except  in June-August, when have potlucks, at member's homes.
- they also generally have 2 field trips each month on Saturdays -- or for info: Nancy Drilling, President - nancy.drilling (at) birdconservancy.org, 791-0459   or for info: Contact Vic/Donna Fondy 605-269-2553,
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The Rapid City Sustainability Committee meets the 2nd and 4th Monday of the month at the City/School Administration Building at 5:30 it is open to the public and they focus on sustainable practices for the City.
For info: Erik Heikes:  EHeikes (at) 4FRONT.biz
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Dakota Rural Action normally meets second Tuesday eve, mixed locations,
for info: Gena Parkhurst <gmp66 (at) hotmail.com> 
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The Black Hills Photography Club normally meets the second Tuesday of the month at Outdoor Campus West, 6:30 pm.
Some times, the meetings are about photography of outdoor's subjects
and photography field trips to photograph outdoors may also be planned.
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The Darton Society meets at Outdoor Campus West (OCW) on 2nd Monday, 
maybe not during the summer (please verify meeting times)
For info: Cathie or LeRoy Draine at 787-5956 or cathiedraine (at) rap.midco.net
https://www.facebook.com/events/856154394522963/
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Norbeck Society normally meets second Thursday eve, Rapid City,
SDSMT, Classroom Bldg., Faculty Lounge 5:45 pm
Monthly meetings may be skipped in the summer.
April 12, 5:30 pm , Gary Haag, Black Hills NF South Zone Geologist, will present and discuss Mining Activity in the Black Hills.
for info: Bob Burns <robert.burns.sd (at) gmail.com>,787-4783, http://www.norbecksociety.com/
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SD Chapter of Citizen's Climate Lobby meets the 2nd Saturday of each month at 10:30 at 1888 Hillsview Dr. in Rapid City   For info: Mary Deibert,  rmdeibert (at) gmail.com, 605-484-5790.
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Clean Water Alliance normally meets the second Saturday
at 9:00 am in the Helen Hoyt Room at the Rapid City Public Library.  for info: nobhuranium (at) gmail.com
Meets occurring at not regular times  of the Month:

Black Hills Group of Sierra Club has meetings and outings as announced
For info on Sierra Club, e-mail -Sandra Seberger <sandralss57702 (at) gmail.com> 605-342-4335, 

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SPECIFIC EVENTS LIST February & onward
scroll down for legislative session

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FUTURE EVENTS 

Sept 21st & ONWARD
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WATCH THE FARM BILL ASSAULTS ON NEPA
Assaults on NEPA are also occurring in Congress via the Farm Bill (House version).
 The Wilderness Society link on roll backs to NEPA in Farm Bill
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September. 15 through October. 15.
Audubon Will Celebrate National Hispanic Heritage Month

September marks the beginning of National Hispanic Heritage Month, from Sep. 15 through Oct. 15. Nationally Audubon wants to honor the country’s 57 million Hispanic Americans, who positively influence and enrich our nation, society and the Audubon network. National Audubon encourages chapters and centers across the country to join us in celebrating the Hispanic community and culture by hosting bilingual bird walks and nature tours. 
For more info:, please contact Martha Harbison at mharbison@audubon.org.

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September 21st
Absentee voting begins - September 21, 2018

SD Candidate List

SD Ballot Measure List/Info

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Pennington County Comprehensive Public Review Draft Plan
 is up on Pennington County web site for review -
 The plan is to have the first hearing January 28, 2019 –  It has to go before the Planning Commission first, before County Commission.
This date may change, but that’s the plan now. 
Link to web page and draft Plan.

Quote:
"The Public Review Draft of the Pennington County Comprehensive Plan View to 2040 is now available for download. Input may be provided via this website by clicking on the green “Comments” tab on the right [of County's web page] or by emailing the County's Project Manager, P.J. Conover at pj.conover (at) pennco.org."

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October 4-5th
Game, Fish and Parks Commission 
Cadillac Jack's Springhill Suites
Deadwood, SD
Bobcat Season, Fishing Regulations, Elk Contingency Licenses finalizations

COUGAR UPDATE:
SDGFP hosted a cougar stakeholder group on Oct 3rd in Rapid City.
Nancy Hilding went for PHAS.

   A biennial report on SD mountain lions can be found at https://gfp.sd.gov/userdocs/docs/2017-status-report.pdf.  This document will provide more recent mountain lion data than what is found in the current SDGFP management plan.  This report can be found at the bottom of the mountain lion webpage at https://gfp.sd.gov/mountain-lion/. 
Oct 2018 Commission meeting.
SDGFP staff was to present an update on lion management.
 It will eventually be available on the web site, however Audio of meeting is here
Denise Petersen (staff of MLF) has mapped data from the SD GFP Mortality data spreadsheets.  
MAP LINK - 21 YEARS OF SD COUGAR MORTALITY DATA
Up to date to Sept 2018 
 http://arcg.is/4ije5

Older version, with layers
This Interactive GIS map has different layers and shows mortality in layers,sorted by type of death or sex of dead lion. You need to go to the upper right hand corner and see the various layers available. 
http://arcg.is/1S9PCe

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SD Public Broadcasting's election resources

SD Public Broadcasting has interviewed a majority of the candidates for the South Dakota state legislature. In a series called “Meet the Candidates” they have extended invitations to most of the candidates, and have interviewed somewhere north of 60. Those interviews can be found here: http://listen.sdpb.org/term/meet-candidates

On Tuesday, Oct. 16 from 10am-noon MT, SDPB Radio’s IN THE MOMENT will air a live broadcast which will have guests on talking about all of the ballot questions and initiated measures. The show can be heard live on the radio, streamed live at listen.sdpb.org, and will be archived (about 2 hours after the show concludes) at SDPB.org/InTheMoment

Other political stories are archived on SD Public Broadcasting   website at http://www.sdpb.org/election/.

In social media, SDPB is using the hashtag #SDElection18. 
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Oct 11th-Oct 30th, 14 Election Forums in Western SD and on SD TV

Wedneday the 10th of October - (2 events)


1. A Forum in Hot Springs 
Wednesday evening, at 6:30 pm, October 10th
Mueller Center, 801 S 6th St.
Who is invited - SD State  Legislative District 30 -
All District 30 house candidates  & 2 of  the 3 Senate candidates are expected,
Other candidates: Randy Seiler  (Attorney General candidate) and 2 other candidates will be there,
Sponsor is - Concerned Citizens of Fall River County
https://www.facebook.com/MuellerCivicCenter/

2. A Forum in Spearfish 
Black Hills State University.. - Club Buzz, lower part of Student Union 
Wednesday evening, Time..6 - 8 pm..
Invited - State Legislative District 31..
Sponsor BHSU Senate
For info: - Carla Larees, we don't have her contact info.
https://www.facebook.com/bhsu.senate/

Thursday the 11th of October
,
1. TV Forum 
Invited - Attorney General 
 Thursday evening, 7 pm MT 
Sponsor – South Dakota Public Broadcasting Broadcast
 live on SDPB-TV and at SDPB.org - http://www.sdpb.org/home/ 
 (Forum will be repeated Friday, Oct. 12 at 10am MT on SDPB Radio)

Saturday Oct. 13th of October

2. A Forum in Rapid City 
Saturday from 9-11 am at Western Dakota Tech
Invited - Pennington County Commission: 
Sponsor. - Rapid City Chamber of Commerce 
Contact: Lynn Kendall <kendall@rapidcitychamber.com>

Tuesday October 16th of October


1. A Forum in Rapid City 
 Topic:  Ballot Measures, 
At Journey Museum, Tuesday -
 6 pm meet/greet. 6;30 Pro-Con Panel speeches starts
Sponsor - Democracy in Action
Karen Hall <karenehall57702@gmail.com>

Thursday Oct 18th  of October - (4 events)
1. TV  Forum - 
Invited: U. S. House of Representatives
Thursday, 7 pm MT
Sponsor – South Dakota Public Broadcasting Broadcast
 live on SDPB-TV and at SDPB.org http://www.sdpb.org/home/ 
(Forum will be repeated Friday, Oct. 19 at 10am MT on SDPB Radio)
2. Newell Forum  (Voter Education Night)
Every Candidate is Invited  - for all races - some will be there, some will send message or video
Pie & coffee & social  starts Thursday at 6 pm & then speaking starts at 6:30 pm.
Newell School Austin Auditorium located on Dartmouth St. (in the middle of town)
Contact  <sabrina.harmon@k12.sd.us>

3Piedmont SD Forum
Invited are -  Attorney General Candidates, Seiler has confirmed, Ravnsborg has not yet confirmed.
Elk Creek Steak House, Piedmont...meeting starts Thursday at 6 pm, arrive earlier if wish order food.
Sponsors - SD Citizens for Liberty meeting (public is invited)
Contact - SD Citizens for Liberty <membership@sdcitizensforliberty.com>

4. Rapid City Forum (Round Table)
This is not open to public -
Invited - SD  legislative candidates
Thursday evening at  6 to 7:30 pm
 It is just open only to various Credit Union's staff & volunteers
Correction to earlier post - This is not open to public -
At West River Electric Association
Sponsored by Old West Chapter of Credit Unions
- Contact is Debbie Kruckenberg - dkruckenberg@cuad.coop

Saturday Oct 20th of October

Rapid City Forum - 
Candidates will be separated into districts & distributed about the room 
Invited - SD State House & Senate Candidates (Dist. 30, 32, 33, 34, 35): 
Oct. 20 from 9-11 a.m. at Western Dakota Tech,
Sponsor - Rapid City Chamber of Commerce
(please note - Chamber's early plan to have another forum on 27th was discarded)
Lynn Kendall <kendall@rapidcitychamber.com>

Sunday Oct 21st of October

Piedmont (Foothills Area) Forum
Invited - SD Legislative Candidates for District 33 & 29
1:30-3:05 pm District 33, Candidate Statements & Q&A
3:05-3:30 pm - break for mingling/social, food
3:30-5:00 pm - District 29,   Candidate Statements & Q&A
                Piedmont Valley Legion Hall
5 sponsor organizations - Piedmont Legion, PHAS, DRA, Foothills Kiwanis, Foothills Area Chamber
For info: http://www.phas-wsd.org Nancy Hilding <nhilding@rapidnet.com>

Tuesday Oct 23rd

1. TV Forum
Invited - Governor Candidates
7 p.m. Central time (6 p.m. MT) on KELO-TV

Thursday  25th of October (2 events)

1. TV Forum
Invited – South Dakota Governors Forum
 Thursday, 7 pm MT
 Sponsor – South Dakota Public Broadcasting Broadcas
t live on SDPB-TV and at SDPB.org - http://www.sdpb.org/home/ 
(Forum will be repeated Friday, Oct. 26 at 10am MT on SDPB Radio)

2. Rapid City Forum
Invited -- Legislative Candidates that represent North Rapid -  Districts 33, 34, and 35.
Thursday evening 7 pm, at  Minneluzahan Senior Citizens Center
Sponsors - North Rapid Civic Association, Rick Askvig <raskvig@q.com>,
               http://www.nrcainc.com

Tuesday, October 30th, 

Spearfish Election Forum
Invited - District 31 Legislative Candidates
Senate Ewing, Smith
House, Turbiville, Malik, Johns, Osthus
High Plains Heritage Center
Sponsor Spearfish Chamber of Commerce 
For info...642-2626

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Sunday, October 21st 
Foothills Area Election Forum 
For State Legislative Districts 29 and 33
Where: Piedmont Valley Legion Post 311, Piedmont, SD
When: 1:30 pm - 5:00 pm
Format: 2 segments, each with candidate statements & Q & A with audience 
Bob Burns is the moderator.


photo by Jake DeGroot

1:30 pm - 3:05 pm, Candidate Forum for Legislative District 33
Senate candidates Phil Jensen and Ryan Ryder are expected to attend.
 House candidates Taffy Howard, Lilias Jarding, Dave Johnson and Nick Reid are expected.

25 minute break - mingle and meet candidates & neighbors one-on-one

3:30 pm - 5:00 pm, Candidate Forum for Legislative District 29
Senate candidates Gary Cammack & Matt Kammerer are expected to attend. 
House candidates Jade Addison, Tom Brunner, Kirk Chaffee and Mike McManus are expected. 

Directions: The Piedmont Valley Post is located at 101 Pine Street and is at the intersection of Pine and Sturgis Road (North First St).  It is on the southeast side of the town of Piedmont, SD on Sturgis Rd.;
travel about a half mile northwest of exit 46 (Elk Creek Rd Exit) 
Sponsors:
Prairie Hills Audubon Society, Nancy Hilding - (605) 787-6779 or 6466, nhilshat@rapidnet.com, 
Jim Petersen,  605-939-4995, nfearndesire@gmail.com, 
Piedmont Valley American Legion Post 311,  Phil & Kim Anderson - (605) 787-5886, pander17@midco.net, kim.ander311@gmail.com
Black Hills Chapter of Dakota Rural Action, Gena Parkhurst  - (224) 715-8405, gmp66@hotmail.com,
 Cheryl Rowe - (605) 697-5204 x 270, cherylr@dakotarural.org,
Foothills Kiwanis Club,  Bob Mallow -  (605) 787-4382, boss477@rap.midco.net,
Foothills Area Chamber of Commerce, Jeff Kreun - (605) 381-8065, kreunkustom@gmail.com,  
Mary (605) 342-8688, office@foothillsmonthly.com



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October 22, 2018
SD Voter Registration Deadline - 
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Oct 28th and 30th, 2018 Chadron
In Situ Uranium Mine Expansion, NE 
Hearing on Marsland Expansion Area  


An evidentiary hearing will be held to receive testimony and exhibits in this proceeding regarding intervenor Oglala Sioux Tribe's (OST) challenge to the May 2012 application of Crow Butte Resources, Inc., (CBR) seeking to amend the existing 10 CFR part 40 source materials license for its Crow Butte in situ uranium recovery (ISR) site to authorize CBR to operate a satellite ISR facility within the Marsland Expansion Area (MEA) in Dawes County, Nebraska. 

Date: Tuesday, October 30, 2018.
Time: 8:30 a.m. Mountain Time (MT).
Location: Crawford Community Building, 1005 1st Street, Crawford, Nebraska.

The hearing will continue from day-to-day until concluded. CBR, the NRC staff, and OST will be parties to the hearing and will sponsor witnesses and evidentiary material.

Sunday, October 28, 2018, 

If sufficient interest is shown, an oral limited appearance session for public, regarding the MEA ISR proceeding may be held on: 
Date: Sunday, October 28, 2018 (if there is sufficient interest).
Time: 2:00 p.m. to 4:00 p.m. MT. 
Location: Scottsbluff Room, Chadron State College Student Center, 1000 Main Street, Chadron, Nebraska.

A person wishing to make an oral statement who has submitted a timely written request to do so will be given priority over those who have not filed such a request. 
Written requests to make an oral statement should be submitted to:

Mail: Administrative Judge G. Paul Bollwerk, III, Atomic Safety and Licensing Board Panel, Mail Stop T-3A02, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 - Fax: (301) 415-5205 (verification (301) 415-5277). E-mail: paul.bollwerk@nrc.gov and sarah.ladin@nrc.gov.

Security will have restrictions on material allowed in the room.

For More Info:


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November 1st-2nd
SD Game Fish and Parks Commission Meeting

 A Public Hearing will be held at the Sioux Falls – Good Earth State Park, 26924 480th Avenue, Sioux Falls, SD 57301 at 2:00PM (Central) on November 1, 2018, to consider adoption, amendment and repeal of Rules for SDGFP.

Finalizations - Restrictions on use of  various weapons, Spring Turkey, Spring Turkey Archery, CSP Spring Turkey, some rules for take of some Waterfowl: geese, ducks, sandhill cranes, Black Hills Elk, Some camping and park fees,
Rule proposals are available for review on the internet by going to https://rules.sd.gov/ and copies of the proposed rules may be requested from the office of the Secretary of the Department of Game, Fish, and Parks, Foss Building, 523 East Capitol, Pierre, South Dakota 57501.  Written comments due 72 hours before date of hearing.
Link to SDGFP Commission's Schedule

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November 6th Nationwide Election Day - VOTE
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Wednesday, November 14th, 9 am
Pennington County Planning Commission Hearing 
on Croell Sand Gravel Mine Application (new application)
This is a controversial Project that has been subject to past litigation and a citizen's group was formed to oppose it.
For information Black Hills Concerned Citizens - duane.abata (at) gmail.com, 
Alerts & pre-hearing meeting(s) will likely happen.

SD law and the County's ordinance are inadequate to protect locals and the environment from adverse impacts from sand/gravel mining. Scroll down on PHAS web page for more info on the battle over Pennington County mining ordinance rewrite.
Croell Mining Case (Old history but relevant history)
Link to SD Supreme Court Decision that upholds Pennington County's decision to reject Croell Redi-Mix's mining application. This is about a historic lawsuit filed by miners over Pennington County rejecting Croell's mine application ( a sand/gravel/aggregate mine). The County won in the Supreme Court. It explains at least partly why Pennington worked to rewrite it's Sand/Gravel/Rock ordinance in 2017-2018. Some Commissioners  have changed since this past vote.




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This legislative section has

B. References - how to contact/learn
c. Bill Tracking
D. Bill Alerts
E. Statewide Cracker Barrel list (DELETED)
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SD Legislative Session
January 9th - March 26th 2018
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B. References 
 Legislative Resource Council serves & follows the legislature and 
provides all sorts of on-line resources & services. 

LRC web site:


Contact info for Legislators:

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C. BILL TRACKING

Full Update- environment &   good government  3/6/18 -9:08 pm,
(looked up everything on every bill - ) 


Bills with asterisks * - PHAS has a position on or is studying
Bills with  sign ~ , seem "greased" - passing unopposed in at least one house. 
M, T or W indicates action on a day soon
Scroll down for finalizations & dead bills


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FINALIZATIONS
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TO THE GOVERNOR OR CONFERENCE COMMITTEE
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Environment- Finalized - House
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~HB 1015:  repeal the use of explosives, pyrotechnics, and fireworks for the protection of sunflower crops from depredating birdsFire Marshall seeks to clean up not used provision of lawYEAS 13, NAYS 0. Committee, YEAS 60, NAYS 0. Floor vote, Sen Ag& NR, hearing 01/25/2018, 10 AM, pass├ęd, on floor of Senate 1/30/18, passed YEAS 33, NAYS 0

~HB 1023:  Repeal certain provisions regarding pipeline safety,  Make rural gathering centers no longer exempt from chapter 49-34B; proponent claim  option is not used and federals object to it. To Hse Com/Energy 1/19/18, Do Pass (13-0), to consent calendar on floorYEAS 63, NAYS 0 , to Sen. Com & Energy,  hearing 02/06/2018 10:00 AM, to floor 2/7, 2 pm Passed, YEAS 35, NAYS 0. 
~HB 1046: allow certain resident farmers or ranchers to receive a big game license during the Black  
 Hills deer season. Passed  Ag and NR, YEAS 12, NAYS 1. To full Hse
Hse Passed, YEAS 59, NAYS 0., Sen. Ag and NR, 01/25/2018 10:00 AM, passed, on floor of Senate 1/30/18 , YEAS 33, NAYS 0.

~*HB 1047: revise certain provisions defining fur-bearing animals. GFP Bill that adds River Otter and Fisher to fur bearers list.   *PHAS opposes this bill.   Listing them as state threatened or endangered is better path. Passed 13 to 0, placed on consent. To full House - passed. Sen. Ag and NR, 01/25/2018 10:00 AM passed to Sen.  put on Consent., Senate floor - 1/30/18, Sen.  Passed, YEAS 33, NAYS 0. S.J. 274 

W *HB 1081:   extend the effective date of certain provisions regarding the recreational use of nonmeandered water*PHAS, Izaak Walton & SDWF oppose this bill, see our alert below.    Hse State Affairs 1/24/18,Passed YEAS 11, NAYS 1.  Passed the House  YEAS 51, NAYS 121/25/18, with an amendment to make it perpetual (no sunset clause)., to Sen. Ag & NR, 2/27/18. 10 AM,
 passed committee, 7 to 2, Senate floor, 2/28/18, Passed, YEAS 20, NAYS 15. It currently conflicts with SB 24, which will be voted on in the Hse March 1st. Passed
HB 1098:   Make an appropriation from the water and environment fund and its
revolving fund subfunds for various water and environmental purposes and to declare an emergency.
PHAS supports. Referred to Hse Appropriations, hearing  1/25/18, 8 am, passed YEAS 15, NAYS 0, passed Hse YEAS 68, NAYS 0, Comm. review waived, Senate  2/1/18, YEAS 34, NAYS 0. 
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1098&Session=2018

  HB  1106:   allow hunting preference points to be assigned to people 10 years or older,
Hse Ag & NR, hearing 2/13/18, 8:30 AM, Passed,  YEAS 7, NAYS 4. , Passed House 2/14, YEAS 54, NAYS 10. 
To Senate, Senate Agriculture and Natural Resources 2/27/18, passed 9 to 0 , Sen. Floor 2/28/18,Senate Do Pass, Passed, YEAS 35, NAYS 0. 
 HB 1107:   revise and repeal various provisions regarding the construction and maintenance of county and township highways and bridges.   1-25-2018 Hearing, Hse Transportation,  passed YEAS 13, NAYS 0,,to floor 1/31/18, passed YEAS 68, NAYS 0., to Sen. Local Gov. hearing 2/23/18, 8:00 am, passed, YEAS 5, NAYS 0  Senate floor 2/26/18, passed 34 to 0 
 *HB 1119:   Revise certain provisions regarding riparian buffer strips. Local government can designate surface waters to qualify for buffer strips.   *PHAS supports this bill   Hse Local Government  hearing 2/1/18, substantive amendment , Passed, YEAS 11, NAYS 0, placed on consent, YEAS 68, NAYS 0. to Sen. Ag & NR. 2/13/18 10:00 AM, Passed 8,0, placed on consent, passed YEAS 34, NAYS 0.

*HB 1140:   revise certain provisions regarding access to public water.  If passed would help stop the closing of access to water and public hunting areas in the state. This is to stop local governments from  closing roads to public waters.   Hse. St Affairs, Hearing on 2/2/18,  passed w/ substantive amendment so as to only protect access to waters larger than 40 acres that are open to public recreational use.  This excludes some non-meandered lakes/ponds and also waters that are just open for navigation but not recreation.  Thus some progress  was made, some progress was nixed, but overall better than status quo.
*PHAS supports original - SDWF supports original. Amended bill is better than status quo.
 - scroll down to bill alert section. 
Committtee. YEAS 13, NAYS 0. to floor, deferred to 02/13/2018 2:00 PM, 
passed  YEAS 57, NAYS 9. ,  To Senate Ag and Nat. Resources, Hearing 3/1/18, to amend  YEAS 5, NAYS 4to pass  YEAS 6, NAYS 3, thus likely up in Senate 3/6/18,  Passed YEAS 23, NAYS 10

 HB 1148:   revise certain provisions regarding the eligibility to serve on the Game, Fish, and Parks Commission, Increases the type of people who qualify to represent agricultural interest on the Commission.  Hse Ag and NR,  hearing 1/30/18,  to floor 2/1/18, YEAS 58, NAYS 9. to Sen. Ag & NR. Senate,  2/14/18, Passed 9, 0 and placed on Consent passed 34 to 0

HB 1214 Revise certain provisions regarding the State Conservation Commission and conservation districts, Hse Ag.  and Nat. 2/1/18, passed YEAS 12, NAYS 0placed on consent, to floor 2/2/18, passedYEAS 66, NAYS 0 , to Sen Ag & NR, 2/13/18 10:00 AM, passed 9 to 0, placed on consent., YEAS 34, NAYS 0. http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1214&Session=2018 

HB 1219:  revise certain provisions regarding the use of night vision equipment in hunting., Expands the people/situations were night hunting is permitted. PHAS opposes as does SDWF, there are safety issues and risk of shooting wrong animal. Hse Ag & NR, Hearing 2/6/18 7:45 am,passed YEAS 10, NAYS 2 , to floor 2/7,
Passed, YEAS 46, NAYS 21 to Senate Agriculture and Natural Resources , hearing 2/15/18, passed,  to floor 2/20/18,  Senate Passed YEAS 30, NAYS 3.
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1219&Session=2018
  HB 1257 provide for the abandonment of certain highways by townships and counties, adds a term "abandonment", which would allow for local government to stop maintaining a road but keep it open. To Hse Local Gov.  2/22/18,  hearing,  Amended, passed and placed on consent., To floor perhaps . Friday, passed 58 to 0 , to Sen Local Gov. hearing 3/5/18, Amended, Passed, YEAS 5, NAYS 0.  Passed, Senate YEAS 33, NAYS 0. http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1257&Session=2018


  *HB 1292 revise the process by which courts consider appeals of decisions regarding conditional use , To Hse Judiciary 12/14/18,  When citizens feel their County has not made the right decision  on a Conditional Use Permit (CUP) they may wish to appeal. This bad bill sets a higher standard for review of appeals, limiting arguments citizens, can bring. PHAS and DRA oppose, Judiciary 02/14/2018 10:00 AM,   passed 13 to 0, placed on consent, to House Floor 2/20,House, Passed, YEAS 44, NAYS 20Judiciary, 2/27/18, 7:45 AM, deferred till evening,passed 4 to 3 vote, to Senate floor 3/1/18, Senate Do Pass, Passed, YEAS 22, NAYS 13.

~*HCR 1003: Promoting a resilient and healthy Black Hills forest through endorsement of the forest management principles identified in "Black Hills Resilient Forest Strategy"  published December 2017. PHAS will study this bill,  scroll way down to old alerts section, for PHAS alert on Resilient Forest  to Hse --Ag and NR, Hearing 01/25/2018 7:45 AM, passed YEAS 10, NAYS 0, > YEAS 67, NAYS 0. Senate 2/1/18,P assed, YEAS 35, NAYS 0
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=HCR1003&Session=2018

 SENATE- (Enviro -Finalized)


  -  SB 25:   Revise certain fees for entities permitted under the national pollutant discharge elimination system.This seems like a "clean up  or update language" sort of bill.  Referred to Sen Ag & Nat Res,01/23/2018, Passed 8-0, SenYEAS 30, NAYS 5., to Hse Ag & Nat Res Hearing   02/06/2018 7:45 AM,
 to Hse. floor 2/21/18, Passed, YEAS 51, NAYS 14. 

~SB 27: Make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency. Hearing 1/19/18, Do Pass (18-0)Senate 33-0, to Hse committee referral waived, on Hse Floor 1/3018, YEAS 68, NAYS http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=27&Session=2018

SB 28 - make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.
Joint Committee on Appropriations passed 16-0 on 1/25.  Passed Senate 33-0-2 on 1/30.  Passed the House 64-1 on 2/1. Signed by President on 2/2.

 ~ SB 41 Revise certain provisions regarding the registration of snowmobiles.
Sen. Trans. YEAS 6, NAYS 0. 1/18/18, Senate passed YEAS 35, NAYS 0, to Hse Trans. hearing 2/20, 10 am, to Hse Floor 2/21/18, Passed, YEAS 66, NAYS 0. 
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=41&Session=2018

M -  SB 137 Revise certain provisions regarding the minimum hunting age. It removes the 10 year old lower age limit for children accompanied by an adult. Sen Ag & NR, hearing 2/1/18, Amended, Passed, YEAS 9, NAYS 0., to floor 2/5/18,  YEAS 30, NAYS 4to Hse Ag & NR, hearing 3/1/18, Passed, YEAS 10, NAYS 2. , Floor 3/5/18,Passed,  YEAS 44, NAYS 20.
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=137&Session=2018

SB 204 create and designate Peter Norbeck Day as a working holiday. Local Government,
02/13/2018 9:00 AM, passed Passed, YEAS 5, NAYS 0. , 2/14, passed YEAS 31, NAYS 3. , Hse State Affairs 3/5/18 hearing, Passed, YEAS 12, NAYS 0, House passed Passed, YEAS 63, NAYS 3. 

 * SCR 8. Requesting federal natural resource agencies to refrain from designating wilderness areas in South Dakota without approval of the Legislature. Resolution insults wilderness, asking the federal government to get a two thirds approval vote before designating wilderness in SD and asking the feds to release wilderness study areas from protection. PHAS opposes this resolution., Senate Adopt Resolution, Passed, YEAS 30, NAYS 5. , to Hse Ag & NR, 2/22/18 , 7:45 am, passed out of committee, (11-1-1-0), Bartling voting the Nay will be on the floor on Friday, passed Hse,  YEAS 53, NAYS 8,  SEE ALERT BELOW

 ~SCR 12 Urging the Environmental Protection Agency to update the Clean Air Act to allow mid-range ethanol blends in all standard automobiles.  E-30 and half E-85 blends are illegal to use in standard automobiles due to toxic benzene, bill sponsors object citing increased oxygen content & a study. Sen. Floor 02/02/2018 1:00 PMPassed, YEAS 32, NAYS 0 , To Hse Trans, hearing 2/20, 10 am, Amended & Passed, YEAS 9, NAYS 0., 2/22/18 hse. floor, passed Hse, YEAS 61, NAYS 4,  but as amended thus back to Senate floor 2/26/18, Senate Concurred

Good Government - Finalized
=================================================

HB 1004: Clarifies that the State Board of Elections can make rules regarding petition size and petition font size.House  Passed, YEAS 60, NAYS 6.. To Senate State Affairs, hearing 10 AM, 2/28/18, passed 8-0 placed on consent, to Senate floor 3/5/18,Senate Do Pass, Passed, YEAS 32, NAYS 0. 

M-  HB 1005: Revises the ballot recitation language from an statement crafted by the Attorney General  to a more clear phrasing. DRA supports this.  State Affairs- Amended,  Passed, YEAS 10, NAYS 0., Hse:  Amended & passed YEAS 61, NAYS 4.,to Sen. State Affairs, 10 AM
 hearing 2/28/18, passed 8 to 0, to Senate floor 3/5/18, Passed,  YEAS 30, NAYS 3. 

*HB 1006: revise the extent of comments required by the director of the Legislative Research Council regarding certain ballot measures and the period of time in which those comments are to be made....State Affairs Do Pass, YEAS 10, NAYS 0.,House  Do Pass,   Passed, YEAS 64, NAYS 2.
to Senate State Affairs ,  Wednesday 1/24/18,
Passed YEAS 5, NAYS 3., Passed Senate, YEAS 21, NAYS 11.  to Governor,  PHAS opposes, - reduction in time LRC will review petition contents, needs to be offset with an increase in the 
1 year limit  (November to November) on time for  petition circulation.

  HB 1007  require any initiated measure to embrace only one subject. It started as -- "create a citizen initiative review commission to review initiated measures and initiated amendments to the Constitution and to prescribe the commission's powers and duties". It was killed and then brought back to life to be hothoused as: require any initiated measure to embrace only one subject.
Hse State Affairs, Amended Stat affairs, hearing 02/12/2018 7:45 AM, Hoghoused to be only one subject on an initiated measure , PHAS opposes , Legislature needs to define "one subject" or give someone authority to decide on number of subjects before petition are circulated,  , Passed, YEAS 10, NAYS 3 2/14, passed Hse. YEAS 57, NAYS 9. to Senate State Affairs hearing 2/23/18  10 AM,-  amended & passed, YEAS 5, NAYS 3. , Senate Floor 2/27/18,  Passed, YEAS 21, NAYS 13,. , sent back over to Hse 3/1/18, House Concurred YEAS 48, NAYS 10

 *HB 1172:  Revise certain provisions regarding meetings of certain public bodies., Gives public rights to public comments at public meetings, PHAS supports,  To Hse State affairs, Hearing 7:45 am 2/2/18, amended, passed,  YEAS 10, NAYS 1., to floor, Passed, YEAS 60, NAYS 8 , to Sen. Local Gov. hearing  deferred to
3/5/2018,Amended & Passed,  YEAS 24, NAYS 9. 

 - House Bill 1177:  to revise certain provisions relating to the circulation of a petition for an initiated measure. This bill would require the name,  phone number and email address of the petition circulator be provided to every voter who signs a petition s/he is carrying.  This  might discourage people from carrying petitions.PHAS opposes, Hse State Affairs House  YEAS 56, NAYS 11  Sen. State Affairs, 10 AM hearing 2/28/18 - ,Passed, YEAS 6, NAYS 2.,Sen. State Affairs, 10 AM hearing 2/28/18 , Bill amended and passed 7 to 2,  3/5/18, passed Senate YEAS 18, NAYS 15.http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1177&Session=2018

HB 1196: revise certain provisions regarding verification of residency of petition circulators.
PHAS opposes this has ridiculous requirements about disclosure (under oath) of a laundry list of facts that establish the history & future of a petition circulator's residency -- this is intimidation of circulators2/7/18, State Affairs amended & passed YEAS 8, NAYS 4, Hse amended & passed  YEAS 40, NAYS 27Sen. State Affairs, 10 AM hearing 2/28/18,  Bill amended and passed  YEAS 7, NAYS 2, to Senate Floor , Passed, YEAS 20, NAYS 13.

M - HB 1304 revise certain provisions regarding challenges to petition signatures.
This bill would allow any "interested person" to challenge petition signatures. It's another over-reach by the legislature.  The Secretary of State's staff is experienced at petition validation, and second guessing by "interested persons" is simply not needed. PHAS opposes, Hse. State Affairs, 02/06/2018 3:30 PM Amended, Passed, YEAS 11, NAYS 2. , to floor  deferred 2/13/18, Amended Passed, YEAS 65, NAYS 0. Title amended. to Sen State Affairs,  hearing 2/28/18 - Passed, YEAS 9, NAYS 0, to Senate floor 3/5/18, rumor that it may be deferred till 3/6/18,Passed, YEAS 29, NAYS 5.

M * HJR 1006 Would limit the scope of potential constitutional amendments submitted via petition to one subject, PHAS opposes,  Hse. State Affairs 2/21/18 Passed, YEAS 11, NAYS 2 to the House floor 2/22, it passed 56 to 11, to Senate State Affairs, Hearing 3/5/18, 3/6/18 Senate amended & then passed YEAS 28, NAYS 6.http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=HJR1006&Session=2018 

SB 9 require fiscal notes for certain initiated measures and initiated amendments to the Constitution.  YEAS 29, NAYS 6., YEAS 58, NAYS 9. Passed both 
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=9&Session=2018

~SB 10, provide for the resolution of conflicts by multiple initiated measures and amendments to the Constitution adopted at the same election. State Affairs Do Pass, Passed, YEAS 7, NAYS 0
to floor, Passed, YEAS 33, NAYS 0, to Hse State Affairs hearing 2/23/18, passed 12 to 0,  House Floor 2/26/18, Passed, YEAS 65, NAYS 0.
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=10&Session=2018

  -SB 11, reduces the time period during which petition sponsors may submit ballot measures to the Legislative Research Council for review and comment.,State Affairs Do Pass, Passed, YEAS 6, NAYS 1.,  to floor, Passed, YEAS 30, NAYS 3PHAS opposes, To Hse state affairs hearing 2/23/18,  YEAS 12, NAYS 0,
House Floor deferred to 2/28/18, Passed, YEAS 67, NAYS 0 

SB 13   to revise certain provisions regarding the director of the Legislative Research Council issuing fiscal notes for certain ballot measures. ,Sen YEAS 35, NAYS 0. HseYEAS 65, NAYS 2.  2/28/18 passed both houses

M -SB 77, revise certain provisions regarding required campaign finance disclosure statements submitted by ballot question committees.-  Referred to Senate State Affairs. 01/22/2018 hearing, Amended, Passed, YEAS 8, NAYS 1  to floor, Passed, YEAS 33, NAYS 2, To Hse State Affairs, hearing 2/28/18 7:45 am, at first deferred 41st Day, by YEAS 8, NAYS 4,  then rescheduled to 3/5/18, might be hothoused,
State Affairs Hoghoused,revise certain provisions regarding information provided to ballot question committees. Passed, YEAS 12, NAYS 0. , House 
Passed, YEAS 57, NAYS 9. H.J.

 SB 100 Establish provisions related to grant monitoring and review, to Jt Appropriations
Senate Appropriations - hearing - 2/8 10 Am, Amended passed, Yeas 8, Nays 0, placed on consentSenate floor 2/13/18, 2/14 fiscal note requested, Senate floor 2/22, Amended and Passed YEAS 33, NAYS 2. ,
to Hse Appropriations, hearing 3/1/18, 10:00 AM, passed  YEAS 8, NAYS 0. , 
33, NAYS 2. ,  might be Hse floor 3/5/18, Hse Passed, YEAS 64, NAYS 0
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=100&Session=2018

 SB 128     revise certain provisions regarding ballot question committees.
Allows ballot question Committees to work on more than one ballot question, filing deadlines changes. Senate State Affairs, 2/7/18 10 AM, Passed, YEAS 9, NAYS 0. S, to floor, 2/8/18 deferred, 2/12/18 YEAS 27, NAYS 8. to Hse St Affairs, Passed YEAS 12, NAYS 0. ,
 deferred to 3/5/18, Hse passed  YEAS 64, NAYS 0.

* SJR1: which raises the percentage of votes to pass an initiated constitutional amendment to 55%, PHAS opposes, referred to Senate State Affairs, 1/22/18 in CommitteePassed, YEAS 6, NAYS 2., to floor, Senate Do Pass, 1/24 Passed, YEAS 26, NAYS 9., To Hse State Affairs, hearing 2/26/18 7:45 AM, to Hse Floor 2/27/18, Passed, YEAS 55, NAYS 9.

DEAD BILLS
Environment and "Good Government " Bills combined. 
=====================================================================
====================================================================

 HB 1007, which creates a citizen initiative review commission.
State Affairs Deferred to the 41st legislative day, DEAD Passed, 
YEAS 11, NAYS 2. H.J. 72 

 *HB 1022:  revise certain provisions regarding wind energy permits, To Hse Com/Energy, Extends time the PUC has to review an application and award a permit from 6 months to a year. PHAS is studying.  Developing alternative energy fights climate change (thus benefits birds). Conversely wind machines can kill birds & bats, one of the issues is --  are they in migration corridor & where to site them to minimize unintended  "take".
Hse Commerce & energy hearing 2/14/18 10:10 AM, to 41st day, YEAS 9, NAYS 4., DEAD

*HB 1130:   Establish who may submit plans and specification waste water systems, PHAS is studying, Hse Ag & NR, 1/30/18, 7:45, tabled-?DEAD? YEAS 11, NAYS 0 

M - HB 1144: authorize a public body to conduct certain deliberations in an executive or closed meeting, Expands what can be done in executive session. to Hse. State Affairs.  Hearing 02/05/2018 7:45 AM
Withdrawn by sponsor,  DEAD

W. - HB 1164 -An Act to revise certain provisions regarding energy conversion and transmission facility permits.
Limits recourse and protections for  the S.D. Public Utilities Commission and average citizens. It gives more to energy companies. PHAS opposes this bill. Hse. Comm & Energy, hearing 2/14/18 10:10 AM,
 Tabled, YEAS 11, NAYS 0DEAD? 

  M  *HB 1184 Provide certain provisions regarding waste disposal lines along or under highways..Hse Transportation. Extends chapter 31-26 to cover animal waste "force mains".  CFOs in spring/fall want temporary lines to ship wastes to field application.  Private CAFOs would be able to lay above ground waste transport pipes along side road ways, as if public utility (but they are not such and not regulated as such). No requirement for leak detection in pipes.  Risk to soil/water.
PHAS, DRA, SD  Izaak Walton League & Sierra Club oppose this bill.  Hse Transportation, Hearing, 02/06/2018 10:00 AMAmended Passed, YEAS 7, NAYS 6to floor, deferred to  2/13/18, YEAS 45, NAYS 20. , to Senate Trans. 2/26/18, 9 AM,  4-2  vote to send to the 41st Day, DEAD

T - ~HB 1217:  repeal a provision that prohibits hunting of mourning doves on certain property, Removes 50 yards restriction on hunting doves near a road. Hse Ag &NR, 2/1/18, YEAS 12, NAYS 0,
Placed on consent, to floor 2/2/18,  YEAS 66, NAYS 0, Sen Ag & NR, 2/13/18 10:00 AM., passed 7 to 1 ,Senate 2/14/18,  Failed, YEAS 5, NAYS 28 ,  DEAD

*W - HB 1201     require certain information on a ballot regarding any initiated measure.,
Requires the name of petition sponsor and county of residence on the ballot, as well as remuneration received by sponsor and sponsor salary as lobbyist/lobbyist employer. PHAS opposes, see alert below. Hse State Affairs, 2/7/18, 7:45 Am, Amended,  Passed, YEAS 9, NAYS 3, to floor,  deferred  to 2/21/18, 
Failed, YEAS 34, NAYS 32 DEAD

- House Bill 1216:  provide for limits on certain out-of-state contributions to ballot question committees.
 This bill would limit out of state contributors to $100,000 in contributions to a ballot questions committee for each 2-year election cycle. This bill likely violates Constitution due to Citizens United. PHAS opposes, Hse State Affairs, 2/7/18, 7:45 Am, Passed, YEAS 7, NAYS 6. H, to floor deferred to  2/13/18, Failed, YEAS 35, NAYS 30. , intent to reconsider. Passed 2/14 YEAS 42, NAYS 24 , Sen. State Affairs, 10 AM hearing 2/28/18 , first sent to 41st day 
and then reconsidered &  after discussion of potential amendment, it was tabled 5 to 4,.DEAD
M - *HB 1223 Create a moratorium on oil pipeline construction, Places a moratorium on all oil pipelines, with no qualification as to the use, length or size of the pipeline   PHAS supports intent of protecting SD's environment,
but the bill needs friendly amendment to limit it to large pipelines (not little ones), 
Hse Com & Energy, Hearing,02/05/2018 10:00 AM, To 41st day DEAD

M - *HB 1224 Prohibit certain extractive activities in the Black Hills.,  Requires Tribal approval of BH's mining, exlploratory drilling & fracking, PHAS supports intent, but the bill needs friendly amendment to prevent conflict with 5th Amendment, 41st legislative day, Passed, YEAS 10, NAYS 2DEAD
Hse Com & Energy, Deferred to - 02/12/2018 10:00 AM

*HB 1225 Require notice and a hearing before the issuance of certain temporary water use permits,- Now no public notice is required & having hearings are optional choice of DENR for temporary permits. This bill adds a notice & hearing requirement for some types of applicants PHAS supports , Hse Ag & NR, Hearing 
2/6/2018 , Deferred to the 41st legislative day, YEAS 9, NAYS 4.  DEAD
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1225&Session=2018

W. -  HB 1234 provide for certain requirements prior to construction of wind energy facilities.About reclamation bond options as function of size, before PUC, to Hse Comm. & Energy,
Hearing 2/12/18, 10 AM ,Amended, Passed, YEAS 8, NAYS 5, 2/21/18 Hse floor,
Do Pass Amended, Passed, YEAS 56, NAYS 11. to Sen Local Gov. 8 AM, hearing 2/28/18 , Passed, YEAS 5, NAYS 2.,  3/5/18 to Senate, Failed, YEAS 11, NAYS 23. DEAD

Th - HB 1235 provide that counties shall require certain requirements for wind energy facility decommissioning,County wind ordinances to have reclamation bond, ,, Hse Local Gov. 2/15/18 hearing
Deferred to the 41st legislative day, Passed, YEAS 13, NAYS 0. DEAD

M - HB 1239 Revise certain provisions regarding the inspection and copying of public records. Increases what data is considered confidential and exempt from disclosure. Hse. State Affairs 02/05/2018 7:45 AM,
to 41st Day, Dead
 *HB 1241 establish an annual fee for certain electric motor vehicles and hybrid motor vehicles. Electric cars pay an additional $100/year and hybrids an additional $50/year fee. We wonder --this is maybe an offset to lack of gas taxes? PHAS opposes. Hse. Transportation, 2/8/18 hearing, Do Pass Amended, Passed, 
YEAS 8, NAYS 3, to floor 2/13/18, deferred to another day , -- Failed, YEAS 35, NAYS 30.,    DEAD

 *HB 1246 revise certain provisions regarding restricting recreational use on inundated private property. This is a  bad bill; it would allow the landowner of a MEANDERED lake that has expanded out of its meandered boundary to close the  expanded part of the public’s water. 
PHAS & SDWF oppose this bill,   Hse. State Affairs, 2/14/18, 3:00 pm, tabled by sponsor,
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1246&Session=2018 

 HB 1247 revise certain provisions regarding county zoning and planning., Changes law to be more protective of non-conforming uses., to Hse Local Gov. 02/15/2018 10:00 AM
Deferred to the 41st legislative day, Passed, YEAS 13, NAYS 0.  DEAD

 HB 1275 revise certain provisions regarding ballot measure petition circulation. Increases hassle to circulate petitions by requiring people to enter their senate district ,circulators to live in senate district they circulate in and mandatory signature distribution tiered to senate districts.,PHAS Opposes,  Hse State Affairs, 02/14/2018 3:30 PM, Pass Amended, Passed, YEAS 7, NAYS 6. , House Floor 2/21/18, Failed, YEAS 20, NAYS 45..  DEAD
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1275&Session=2018

HB 1282:  provide certain notice requirements regarding out-of-state contributions to ballot question committees.

    This bill would require that, for every ballot question committee that receives more than $10,000 in out of state contributions, it must, on all its materials and advertising, state that the effort is "paid for in part by out of state money."   PHAS opposes, Hse PassedYEAS 49, NAYS 16., Sen. State Affairs, 10 AM hearing 2/28/18   Attempt to amend by Democrats failed Passed, YEAS 5, NAYS 4. Senate FailedYEAS 6, NAYS 27Dead


T - *HB 1295  Revise certain provisions regarding the eligibility to serve on the Game, Fish and Parks Commission. Change the geographical distribution of Commissioners to be equal West and East River.
PHAS supports. Hse Ag & NR hearing 2/13/18, 8:30 AM, Deferred to 41wt DayDead

                          W  - * House Bill 1301 provide for the establishment of property assessed clean energy programs. County's finance property owners  to do work reducing energy consumption or install alternative energy on property with repayment by assessment contract. PHAS supports. This may be a DRA supported bill about "PACE" Hse Commerce and Eng. Hearing, 2/14/ 10:00 Am   Deferred to 41st Legislative Day, YEAS 10, NAYS 3.  DEAD

 HB 1302 prohibit the compensation of certain petition circulators ,  No petition circulators may be paid. Hse. State Affairs, Hearing  2/6/2018 02/06/2018 3:30 PM,Deferred to the 41st legislative day ,YEAS 13, NAYS 0, Dead 

*HJR 1005 Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, relating to fishing, hunting, and trapping.  PHAS Opposes- scroll down to bill alert section for our concerns,  one of which is loss of initiative and referendum on these issues as a side effect. Hse. State Affairs, 2/5/18 to 41st Day Dead

*1007 would not allow amendments to be initiated,  PHAS opposes, 
State Affairs 2/21/18 Tabled, Passed, YEAS 13, NAYS 0.  Dead  

*1008 would require amendments to be approved by the voters & the legislators, PHAS opposes, 
To Hse. State Affairs 2/21/18 - 7:45 am, Deferred to the 41st legislative day, YEAS 7, NAYS 6.  Dead

SB 12, require petition circulators for certain ballot measures to make available the full text of the ballot measure to petition signers, State Affairs Do Pass, Passed, YEAS 6, NAYS 1, to floor, Amended, 

T  *SB 24:   extend the effective date of certain provisions regarding the recreational use of nonmeandering water. *PHAS opposes this bill - see bill alert section, Passed Amended to Senate Ag,  Passed, YEAS 7, NAYS 2, to floor, on Tuesday's calendar, some corrective amendments 
  YEAS 26, NAYS 9. To Hse St Affairs 2/26/18, 7:45 am, Hse floor 2/27, deferred to 3/1/18, Tabled, Passed, YEAS 54, NAYS 4 (MIGHT BE DEAD?)

SB 33: Repeal certain mediation programs regarding damages from oil and gas
development and disputes over drainage of water. 
Refer to Sen Ag & Nat Res,01/23/2018, 10:00 AM, Referred to 41st Leg. Day , DRA Opposed DEAD

W -SB 84, Revise provisions on public records,
 Sen Judiciary, hearing 1/23/18, 8:30 Am, Amended Passed  YEAS 5, NAYS 2,
to floor, 02/1/2018, Amended & passed  YEAS 21, NAYS 13, Hse Judiciary hearing 2/28/18 10 AM,
Deferred to the 41st legislative day, Passed, YEAS 10, NAYS 3. DEAD
SB 124 - to provide a felony penalty for certain violations of petition
circulation laws. Forging a signature on a petition would have been a felony.
 Sen Judiciary tabled YEAS 6, NAYS 1.     DEAD

T - SB 127 An act to revise certain requirements for a proposed wind energy facility applicant., Adds the qualifier "potential" to many terms, thus perhaps requiring less certainty to plans in application. Senate Commerce & Energy, hearing 01/30/2018, deferred, hearing 2/20/18, 10 am, withdrawn by sponsor, DEAD

SB 157 - establish a bid process for the haying of certain interstate and highway medians.
Senate Ag & Natural Resources - sent to 41st Day on 2/1 on 7-2 vote (Dead).

 *SB 163 require certain reports in the event of an oil spill. PHAS will study, seems good, Sen Energy & Commerce 02/06/2018 10:00 AM,
Deferred to the 41st legislative day, Passed, YEAS 4, NAYS 3., (Dead).

B 179 An Act to provide certain provisions regarding aerial applicators, Bill seems to increase regulation of aerial applications of pesticides, requiring bonds and limits distance from homes, apiaries etc,  
PHAS will study, seems good,  Sen Ag & NR Hearing - 02/06/2018 10:00 AM, 41st legislative day, Passed, YEAS 8, NAYS 0. S.J. 383 , DEAD

 *SB 170 direct the implementation of the requirements of certain provisions regarding nonmeandered waters.
It says -- Chapter 41-23 is to be liberally construed, consistent with legislative intent & respect of private property.
This  bill might be a "placeholder bill' & may be amended.  PHAS is studying, we don't know what it means. 
Sen. Ag & NR, committee hearing on 2/20/18, Tabled, Passed, YEAS 8, NAYS 0DEAD
*SB 171   provide for the taxation of severed mineral interests and to provide for the extinction of de minimis claims through the utilization of tax deeds. PHAS is studying,  To Senate Tax.,  hearing 2/2/18, 1 to 
41st legislative day, Passed, YEAS 6, NAYS 1.
 DEAD


 SB 188, require certain groundwater observation wells in the event of an oil spill.
Requires ground water monitoring wells after an oil spill and directs DENR to promulgate rules on how to monitor., PHAS will study, seems  likely good, Sen Ag. & NR 2/15/18 10:00 am 
Deferred to the 41st legislative day, Passed, YEAS 7, NAYS 2.  DEAD

 SB 192 Provide for the disclosure of certain documents and records of public officials.
Sen Local Govt 2/7/18,  9 am, Deferred to the 41st legislative day, Passed, YEAS 5, NAYS 2. DEAD

W - SB 197  Revise certain provisions on the protection of historic properties.
Sen Local Gov deferred to 2/14/2018, 9 AM, sent to 41st legislative day, YEAS 5, NAYS 2DEAD
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=197&Session=2018

 **SB 199 An Act to revise certain provisions regarding non meandered waters. This is a compromise bill drafted we think to achieve a fair and better solution to conflicts resulting from recreational use of non-meandered waters. It provides that the GFP Commission shall make decisions to open or close lakes pursuant to petitions. It precludes local government from closing roads leading to public waters. , 
PHAS, SDWF & SD Izaak Walton League support it. Very important bill this year.
Senate Ag & Natural Resources - hearing  Wednesday night at 6:30 in Room 414, Passed out of Committee 8 to 1.  
without recommendation.  Ewing voting the "nay". This was a courtesy vote,  that allows it to go to the floor, due to importance and level of controversy over issue.  It will go to the floor Monday, to see if a majority want to place it on the calendar, thus for it to move forward past Senate, there would need to be 2 votes in Senate.
Failed to be put on the Calendar - a yes is a pro-recreator vote - YEAS 16, NAYS 19.,  Perhaps Dead?
http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=199&Session=2018

  SB 210 An Act to transfer certain funds from the ethanol fuel fund to the
ethanol infrastructure incentive fund. Sen Ag & NR Sen Ag & NR, 2/22/18 10:00 AM,
Deferred to the 41st legislative day, Passed, YEAS 6, NAYS 3. DEAD
 SB 211  create a Legislative Water Management Committee. Sets up a legislative committee, that may be meeting during session and interim. PHAS will study, Sen Ag & NR, hearing 2/20, 10 am, amended, passed without recommendation Passed, YEAS 5, NAYS 3.  Killed Failed, YEAS 7, NAYS 28. 

 SJR 3 To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government and limit the power and jurisdiction of the federal government., 
Senate State Affairs, hearing 02/12/2018 10:00 AM, Passed, YEAS 7, NAYS 2, Senate vote 2/14/18, failed 
 YEAS 16, NAYS 18, DEAD


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Dakota Rural Action's list of Initiative & Referendum Bills
Bills & Resolutions from the Summer Task Force on Initiative & Referendum
Non-Task Force Bills

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C. Specific Bill Alerts
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 HB 1196
B1196 says personal information must be collected about each circulator. 

This is a very poorly written bill. We believe some legislators, in their vigilance to prevent out-of-state visitors from circulating ballot measure petitions, are going to cause harm to bona-fide SD residents, who may wish to circulate or sponsor petitions. This may be an unintended consequence.  The bill poses the question of a balance of harms -- is the "treatment is worse than the disease"?  There is also the "sauce for the goose, sauce for the gander" argument. If this is so important to SD to keep out-of-state visitors from circulating petitions, why does South Dakota not apply these limits to circulation of candidate nominating petitions or circulation for new party declarations?

Under HB1196, petition circulators must affirm residency as defined in SDCL 12-1-4 & make seven additional affirmations under oath, including submitting additional data, but even if they affirm and submit all of this,  -- "The information included in the affidavit are factors in determining residency but are not determinative. " How will HB 1196's equivocation on what determines residency, effect the current, simple definition of residency provided by SDCL 12-1-4?

This is the definition of residency in State Law in Chapter 12-1

     "12-1-4.   Criteria for determining voting residence. For the purposes of this title, the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.
     A person who has left home and gone into another state or territory or county of this state for a temporary purpose only has not changed his or her residence.
     A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.
     If a person moves to another state, or to any of the other territories, with the intention of making it his or her permanent home, the person thereby loses residence in this state."

 Via HB 1304, challenges to residence of petition circulators and signers can go before a Judge.  We fear an unintended consequence, is to have no definition of residency for elections/voting after HB 1196 becomes law, as HB 1196 could supercede SDCL 12-1-4 (HB 1196 is more specific and later in date). Thus a judge must decide how to interpret and reconcile this. A judge will likely do so pursuant to the first challenge to signatures and circulators filed via new law created by HB 1304.

One unintended consequence, is that some bona-fide SD residents may be precluded or intimidated from circulating. Requirements number 6 and 7, are qualified by "if applicable", but number 3, number 1 and number 2 are not so qualified. Some South Dakotans can't give a drivers license #, as they don't have driver's licenses, such as the elderly, handicapped or poor folks without cars.  Some South Dakota long-term residents are not registered to vote and thus can't tell you where they are registered.

Some South Dakotans have lived in the same house all their lives. They thus can't swear, under oath, about the length of time they lived at previous residences -- as they never lived in other residences!  Some stable South Dakotans may have lived at one other address but not two. Stable South Dakotans, who have lived in 2 other residences in the far past, such as 20, 30, 40, 50 years ago, may not remember the "length of time at previous two addresses".  Do you remember how long you lived at old residences over 30 years ago (if applicable)? Could you swear to those facts under oath (if applicable)??

 If you can't remember, or can't provide the non-applicable but required affirmations, would you in good conscience circulate a petition, whose signatures might be invalidated & thus the group effort endangered due to your uncertainty or the inapplicability of affirmations? Is this respect for our elders & bona-fide residents?

See requirement number 5. Long-term bona-fide residents have to submit a document such as utility bill (or more?) to prove residency and all of this is still not determinative.  Our active, public minded voters, who do things like circulate petitions, are going to be confronted with this, and perhaps, they will be disturbed and will look up the sponsors and floor votes on this bill.

"Section 6.
 That chapter 2-1 be amended by adding a NEW SECTION to read:
A sworn affidavit filed with the secretary of state pursuant to § 2-1-1.1, 2-1-1.2, or 2-1-3.1
shall include information attesting to residency as defined in § 12-1-4 of each petition circulator.
The following information shall be included in the affidavit:
(1) Current state in which the petition circulator is licensed to drive, driver license
 number, and expiration date;
(2) Current state of voter registration;
(3) Length of time at current physical street address and previous two addresses, and
whether the prior addresses were located in South Dakota;
 (4) A sworn statement by the petition circulator indicating the circulator's intention to
 stay in the state after the petition circulation deadline;
 (5) Any other information relevant to indicate residency, including a library card or
utility bill;
 (6) Whether the petition circulator pays in-state tuition at any public postsecondary
 educational institution, if applicable; and
 (7) Whether the petition circulator obtains any resident hunting or resident fishing
 license of any kind, if applicable.

"The information included in the affidavit are factors in determining residency but are not
 determinative. The contents under this section of any affidavit filed with the secretary of state
 shall be held confidential by the secretary of state, and the secretary of state may release the  contents only to an interested person for purposes of § 2-1-18 and to the attorney general." (Emphasis added).

 Circulators will have to give extensive personal disclosures under oath, which shall not be determinative about residency. 

This information below will also be required to be submitted by the petition sponsors due to Section 3 on page 5 line 4-8:

"A sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under section 6 of this Act and stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. "

The Petition sponsors must submit an affidavit -- reciting for each and every circulator their seven affirmations. They can't forget or lose any attached item - or the petitions might be rejected! 

Challengers have access to all this information and petition sponsors may have to hire an attorney to argue about it in court, after having been told by statute that none of it is determinative - thus there is no definition of residency and it is up to a judge.

Under Section 7 of this bill, if any sponsors or paid circulators, (including board members of organizations) knowingly or recklessly and repeatedly violate this uncertain law, they can be forbidden from circulating or sponsoring petitions for 4 years and fined up to $5,000. How can sponsors figure out how what disclosures fully comply with the seven affirmations, till a judge rules on the first test case?  Should a petition sponsor refuse a petition from a circulator who has lived at the same house in SD all their life and/or does not have a driver's license?  What if sponsors accidently misplace two or more of the attached documents from the large quantity of petitions, to be submitted -- will they be fined $5,000? 

"Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:
If any petition sponsor, or any person or entity compensated by the petition sponsor or a ballot question committee for purposes of petition circulation, knowingly or with reckless disregard commits multiple violations of the law regarding petition circulation, residency of a petition circulator, or campaign finance regulation, the petition sponsor, person, or entity, including any person serving as a member of the board or as an officer of the entity, is prohibited from being a petition sponsor or petition circulator, and from performing any work for any ballot question committee for a period of four years in addition to any other penalty imposed under state or federal law. Any violation of the provisions of this section shall also result in a civil penalty of up to five thousand dollars to be deposited into the state general fund." (emphasis added).

The petition sponsors must know the circulators were SD residents, when an oath to residency plus these seven affirmations are not determinative. How can the sponsors or even the circulators themselves know, how to establish who is a resident or not?

This is quite simply an all out war on initiative and referendum and sponsors seem not able to put themselves in the shoes of the people impacted by their legislation. 

BILL HISTORY
* HB 1196: revise certain provisions regarding verification of residency of petition circulators.
 State Affairs amended & passed YEAS 8, NAYS 4, Hse amended & passed  YEAS 40, NAYS 27. Sen. State Affairs,  , 
Bill amended and passed  YEAS 7, NAYS 2o Senate Floor , Passed, YEAS 20, NAYS 13.
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================
1177


HB1177 applies to petitions on constitutional amendments, referendum and initiated measures It says a circulator must give her/his name, phone and email address to those who sign. This adds no new information to public about the initiative's content or meaning, and only puts circulator's personal information out before strangers and may pose a security risk for that person.

 Signers of petitions already are provided with a follow up contact, as state law already requires contact information about petition sponsor(s) to be provided to them.  Release of a circulator's personal e-mail addresses to strangers, could make circulator's e-mail accounts more at risk. Release of phone and e-mail could inhibit females from circulating (who may fear harassment). Strangers can trace back street addresses from telephone landlines.  It puts people who don't have e-mail address and/or phones in a quandary - are they allowed to circulate a petition, if they can't provide such information? It will require each circulator to copy their own petition information handouts with their personal information added to it or hand out ID cards/paper slips. It say 'shall provide' rather than "offer to provide".  Circulators can't force people to accept paper handouts.

      You can read these key parts of the bill yourself:

  " The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-31; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation." (emphasis added)

Details on it's legislative history:

House Bill 1177:  to revise certain provisions relating to the circulation of a petition for an initiated measure.
Hse State Affairs YEAS 9, NAYS 3, House  YEAS 56, NAYS 11 
Sen. State Affairs, Passed, YEAS 6, NAYS 2.,
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 1292

This legislation seriously undermines citizens’ ability to challenge the granting of Conditional Use Permits (CUPs_ for large industrial projects that negatively affect natural resources and South Dakotans’ quality of life. It limits what folks challenging a Conditional Use Permit can argue about in appeal to Circuit Courts.
 *HB 1292 revise the process by which courts consider appeals of decisions regarding conditional use , 
House Passed, YEAS 44, NAYS 20, Senate Passed, YEAS 22, NAYS 13.

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LEGISLATIVE ALERTS
SB 24 , HB 1081-  OPPOSE THE BILLS
6 bills are related to the access to non-meandered waters
Scroll up to the reference section,  for contact info. on your legislators or go to LRC website.

We supported SB 199 (dead) and HB 1140 (alive), that were introduced later in session. 

Senate Ag & Natural Resources Committee  passed  Senate Bill 199 to Senate without recommendation - Senate voted to not allow debate and vote on the floor. 199 is dead.
HB 1140. was voted on and passed the house
SB 24 was voted on and passed senate, but was tabled in the house
HB 1081 was voted on and passed the house and senate
SB 170 & 1246 tabled by sponsors.
The first of the 2018 session's non-meandered water bills (SB 24 and HB 1081) were originally to extend  the sunset clause that was placed on this summer's special session's bill  (SDCL Chapter 41-23 ) on access to non meandered waters by three years.   The summer session's bill allows lakebed owners  to close off publicly owned waters to public access for recreation.    On Thursday, 1/25/18 HB 1081 passed the house floor amended to be worse.  It was made perpetual with no sunset clause.  We have heard that the Governor threatened to close lakes, if SDCL Chapter 41-23 (Summer Session BH 1001) ,  was allowed to sunset at the end of June 2018. SB 24 passed the Senate. Both bills are similar and are bad, but 1081 is worse than 24. So now that 199 seems dead, some folks are now supporting SB 24 as the lessor of two evils (but it seems dead). 
  On Thursday Feb 1st, SB 199 was released which is the fair compromise bill, but it died on Senate Floor. HB 1081 passed both house

SB 199  SUPPORT THIS BILL! This was a compromise bill drafted we think to achieve a fair and better solution to conflicts resulting from recreational use of non-meandered waters. It provided that the GFP Commission shall make decisions to open or close lakes pursuant to petitions. It precluded local government from closing roads leading to public waters.  (scroll down for more info). 

HB 1140:   Was a bill to  prevents County Commissions from closing roads that give access to public water.  Commissions already are not allowed to close roads/section lines to public land, but this also would protect access to  public water.   The Committee reduced its' scope was  so as not to protect
from vacation/closure roads/section lines to nonmeandered waters.  This transforms a great bill to a "better than nothing" bill, folks should ask for it to return to original version, but support it as an improvement to the status quo.

SB 170 says that Chapter 41-23 (Access to Nonmeandered Water Chapter) is to be liberally construed, consistent with legislative intent & respect of private property. We don't know what it means --we suspect a placeholder bill, maybe to be amended later, if needed. 
Sen Partridge, 170's sponsor , also supported SB 199. THIS WAS TABLED - DEAD


HB 1246  This is a  bad bill; it would allow the landowner of a MEANDERED lake, that has expanded out of its original meandered (a historic) boundary, to close the expanded part of the public’s water. It is DEAD. GOOD!

DISCUSSION OF THE ISSUE:
On  some SD lakes the public owns the water, but private people own the lakebed - these lakes are called "non-meandered waters". The public owns the water & fish/wildlife.  If the public had a legal access point to enter the lake water, they would recreate on the water (but not the lakebed). In some instances this access was creating conflicts with the lake-bed owners.  This summer's special session's bill left the decision to close or open SD non-meandered waters up to lakebed owner(s), rather than  letting an agency board, such as SD Game, Fish and Parks or the Water Management Board, review the conflicts,  determine validity of conflict and eliminate other possible solutions before closing.  It did not give appeal rights to recreators whose previous access is closed. There is very little protection against privatization of public waters & fish: i.e lakebed owner closes a lake to public recreation & then opens a clubhouse & hotel & thus sells the recreational access to the waters owned by the public. The summer session bill represents a substantial taking of a public resource.    PHAS opposed that bill last summer and still does.

 The Governor and Committee wanted a long, multi-year sunset clause, so as to allow SD 4 years to experiment with their proposed solution to lakebed owner/recreator conflicts. This summer members of the legislature limited the sunset to one year so as to make the railroaded, summer solution a temporary/stop-gap solution. They would have a chance to review the issue and amend the bill, during the regular session, instead of  accepting, for a long time (4 years cumulatively),  the special committees recommended bill, that was approved during a hurried emergency session. 
The Governor's bills seeks to close the issue without more discussion and negotiation. Proponents of a new & fair compromise have offered SB 199 as an alternative.
Object to past summer's HB 1001 (the summer bill 2017) and to the Governor's attempt to shut down debate on revising it in the 2018 legislative session. 
SD Wildlife Federation & PHAS care deeply about the summer session bill

Nonmeandered Water bills:
Pro-Governor's solution
SB 24 link:
HB 1081 link:
 Here are the SD Wildlife Federation talking points on 2018's SB 199
What we are for:  SB 199  (dead).

"SB 199 The Public Waters compromise introduced by Sen. White. We need EVERYONE to to support a fair and equitable water law.

·        It allows “due process” for both sides
·        SB 199 respects property owners and their rights, and their privacy.  There’s a 660 foot privacy/no wake zone that respects the landowner. 
·        This bill recognizes “recreation” as a beneficial use.
·        The bill also supports the theory water closed for one is water closed for all."


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                                                  WHAT WE ARE AGAINST
Here is the SD Wildlife Federations (SDWF)  talking points on 2017 Summer's "HB 1001" that was passed and is now Chapter 41-23 (the Summer Session bill that had a sunset clause,  but legislature made permanent in 2018 session.)


"HB 1001 which passed during the special session has created a number of problems including:

·         It violates public trust by allowing private control of a public resource.
·      It is an unconstitutional delegation of legislative authority which allows private individuals to perform the legislative act of closing public waters.
·         It allows privatization of water, a public resource, with no public recourse.
·         It allows commercialization of a public resource because the bill does not restrict pay for access or entity control.
·         It violates treaty rights by allowing private individuals to prohibit native access instead of trustee control."  

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TONS OF INFORMATION ON PHAS WEB SITE ON NON-MEANDERED WATERS
including talking points on summer session bill.

Scroll down a long ways on this web site to find a discussion of the access to non-meandered waters issues...It is in the issues section, scroll down a long way  and it is a large section of text

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January 20th- March 3rd
LEGISLATIVE CRACKER BARRELS/COFFEES 
Deleted this section to make space

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Projects/process on federal land  likely to move forward in 2018

MINING

It is possible that Rare Element Resources will restart the moving forward of it's application process for the proposed rare earth mine north of Warren Peak, in the Bearlodge and associated mill at Upton, Wyoming.
The Forest Service, the Nuclear Regulatory Commission and the Wyoming Department of Environment Quality, put the  Companies applications and approval process on hold in early 2016, at the request of the Company. The Company stopped work on a DEIS on a proposed mine due to short fall of revenue, at a time when the market conditions on rare earth minerals changed.
(Scroll down towards bottom of home page for more info.)
Formal notice on restart has not been given yet. Where in the  approval process it will be restarted is not known yet. Contact Karl Emanuel  at the Northern Ranger District for more information or to be added to mailing list - kemanuel@fs.fed.us
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It is probable that mineral exploration will start at Mineral Hill, in Wyoming. This exploration is very near the Sand Creek Roadless area and a FS Botanical Area. Area is north of Cement Ridge and west of Tinton ghost town. In previous exploration efforts in the area, the target minerals were gold, silver and copper.  Scoping has not yet started on this.  Contact Karl Emanuel  at the Northern Ranger District for more information or to be added to mailing list - kemanuel@fs.fed.us, 605- 443-3072


Mineral exploration has started near Rochford, SD for Mineral Mountain Resources, scroll down for our alert on that topic. Scoping has past.  Contact DENR at Roberta.Hudson (at) state.sd.us,

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CUSTER  NATIONAL FOREST

The Custer /Gallantin National Forest is in the process of revising their Forest Plan, using the 2012 forest planning rule. 


For information about the Custer-Gallatin Forest Plan Revision effort;

For maps from the Forest Plan Revision effort visit


 The Sioux Ranger District is comprised of 175,660 acres located on 8 separate land units. They are mesas/tablelands in NW South Dakota & SE Montana that arise several hundred meters above the surrounding grasslands.  They have miles of steep cliffs of Fort Union sandstone and White River group (volcanic ash); geology which provide plentiful ledges, crevices, and small caves for nesting birds, especially raptors.The Sioux District is one of the seven ranger districts of the Custer Gallatin National Forest.  

For information the Sioux Ranger District:

Custer National Forest in SD is designated as an Important Bird Area by the National Audubon Society.



Pigeon Hawk by J.J. Audubon

April 21st & 28th
Custer Gallatin National Forest Plan Revision 
 Meetings on Alternatives
The FS Meetings are in Montana

The Custer Gallatin released the proposed action as part of Forest Plan Revision for a 60-day comment period running January 3 - March 5, 2018.   The Forest received just over 10,500 letters and are working through individual comments.  Comments submitted help to create the range of alternatives for April public meetings, with a DEIS expected out in the fall of 2018.

Options for feedback & commenting included: 
By Email:  cgplanrevision@fs.fed.us with subject line "Comment - draft plan - CGNF"
By Postal Mail:  Custer Gallatin National Forest, Attn:  Forest Plan Revision Team, P.O. Box 130 (10 E Babcock), Bozeman, MT 59771

If you have questions about commenting, please contact Mariah Leuschen-Lonergan at 406-587-6735 or at cgplanrevision (at) fs.fed.us
Web site:

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Help Protect Western Water from Uranium Mining!

Send the EPA a letter via on-line link

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We shelter e-mail addresses by replacing @ with (at) 

KEEP SCROLLING

SCROLL DOWN about 12 inches to the next text

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New Section Below >>>scroll down 12 inch
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New Section ON ISSUES
scroll down for various issues

A) Mineral Mountain Resources Exploration project
B) Pennington County Mine Ordinance Rewrite
C) Non-meandered waters Alert
D) Mountain Lion Plan Revision Alert 
E) Alert on Resilient Landscape DEIS (Forest Service)
F) announcement of Petitions to list or de-list under ESA and 
G)  S3254/SB 114 (Land Trade Little Spearfish Canyon & Bismark Lake) & 
H).  SD Important Bird Areas
I)  Missouri River Recovery
IJ to Sage Grouse Litigation filed by PHAS and others in February  2016
K) then goes to - suspended campaigns discussions, 
for which comment deadlines have past, but related issues persist

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Mineral Mt Resources Rochford Exploration Project 

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SCOPING DEADLINE was - Oct 27th, 2017
After the deadline - we suggest folks send in short letters expressing basic concern and asking to be on the  mailing list for the project.

Mineral Mt Resources Rochford Exploration Project 
on the Mystic Ranger District.  
A scoping period was underway - Forest Service (FS) sought public input on proposed project.  Link to FS info:

The Forest Service is considering whether to approve exploratory drilling for gold by the Canadian company, Mineral Mountain Resources, Ltd . 
The drilling would occur on public national forest land south of Rochford, South Dakota.
 This proposed project on public land is in addition to a similar project planned by the same company on private land next to Rapid Creek, less than a mile SE of Rochford near the old Standby Mill site. The Standby Project's site is handled by DENR not the FS. 

 The Stanby exploration project will consist of drilling up to 120 drill holes from 12 different drill sites. No drill holes will exceed 4,000 feet in depth. Approximately 3,000 feet of additional overland trails may be needed to access all planned drill site locations.  
The company already has a mine exploration permit from DENR on the private land 
(Standby Project) site, but may not have started work yet, but it does not yet have permit for exploration on Forest Service lands.

Standby Project Map of private land -- 
on which exploration has already been permitted by DENR
is below

Mineral Mountain EXNI  for the Rochford/Standby Area - DENR's records.  http://denr.sd.gov/des/mm/NewExplorationPermits.aspx#MMountainEXNI.
Map of Proposed exploration sites on Forest Service Land near
Meyersville and Castle Peak is below





Mining Claims on federal land in the Area, as mapped by Clean Water Alliance
is below
This map is not guaranteed to be accurate 
The above map is not guaranteed to be accurate. It was done circa 2016 and claims may have been added or deleted since then

Aerial Map of the region provided by Bing maps
go to https://www.bing.com/maps/aerial
to zoom in and out at various resolutions


You may click HERE for a version of local opponent's  presentation that discusses the issues.  https://docs.google.com/presentation/d/1afnQ_aE9XUtiOOAVnI-8uUH9opkIEhBZuscXZot-tW4/edit#slide=id.p       Concerned local folks are organizing and sponsored a recent meeting about the project -  for questions to locals contact - rees.doug (at) gmail.com. 
Comments were due on the proposed exploration drilling on Forest Service lands near Rochford on October 13 (original deadline was extended and folks  got another extension - new deadline was Oct 27th).   
This would be partly in the Rapid Creek watershed.  The upper edge of the  Forest Service site is about 2 miles south of Rochford and Rapid Creek. The sites continues past Castle Peak  to north of North Fork of Castle Creek and are also near Meyersville (historic town). There is a historic mine site (Alta Lodi) at Meyersville/Meyers City.  https://en.wikipedia.org/wiki/Myers_City,_South_Dakota   Here is a view of Castle Peak Campground, which is within a mile south of  site on the Forest Service land. - https://www.youtube.com/watch?v=S6paQqYETU0  
  This project on FS lands involves constructing 21 drill sites for the purpose of collecting core samples with a track or rubber tired mounted drill rig. Maximum water to be used for exploration on FS land is 1.8 million gallons of water (5.52 acre feet) at a maximum rate of 200 gallons per minute from Rapid Creek. This may convert to .45 cubic feet/second...The limits may translate to - withdrawing less than 5% of the flow of the lowest recorded level at a downstream Rapid Creek gauge location, for about an hour a day, for about three months duration.   Water is to be trucked to the site. The Company has received a Temporary State Water Right Permit to withdraw the water, which expires on December 31st, 2017.  Both sites may rely on the same temporary permit's 1.8 million gallons. Water Rights Program Chief Engineer approves temporary water withdrawals, but has the discretion to refer such to the Water Management Board.  Some closed roads will be opened and use of un-named trails and 3400 LF of over-land routes is planned. 
 The Forest Service at this point is planning to use  a "categorical exclusion" (CE) on the exploration. This designation (CE) means a less thorough environmental review happens for the exploration phase and Decision Memos are not subject to FS Objection process .  Folks should object to the "categorical exclusion" and ask for higher grade of NEPA, one that at least releases the environmental study on the exploration phase to the public for comments, before the Forest Service's decision is made & allows for objections to be filed. This exploration may lead to a large mine in the area.  Folks could express concern about water withdrawal from both projects and cumulative impacts to Rapid Creek's in-stream flows, water quality and Rapid City water supply - - the exploration impacts now may be much less significant than if a large mine ever results.  Also express concern for Castle Creek's water as some drill sites are near the North Fork of that Creek and Castle Peak Campground.  Canyon City Research Natural Area (RNA) is down stream of both Castle Peak and Rochford areas and is upstream of Silver City.  Pe Sla (Reynolds Prairie)  is to the south. Mickelson Trail runs along Rapid Creek through Standby site.  One can ask if there are any potential impacts to these special resources - some are next to the activities and some in the region.  One can express concern for bonds and liability assurances.
If they find minerals this could morph into a large mine. We suggest concerned people keep in contact with the F.S. & DENR with your concerns even after deadlines and ask to be added to the mailing list.
For questions to the Forest Service:
Ruth Esperance 
District Ranger
Mystic Ranger District Office
8221 South Highway 16
Rapid City, SD 57702
(605) 343-1567,
Also Gary Hauge at Mystic (605) 343-1567 and Ralph Adams at Supervisor's office (605-673-9200).
Roberta Hudson at Minerals and Mining Program, DENR, Pierre - Roberta.Hudson (at) state.sd.us, (605) 773-4201

Eric Gronlund, Water Rights Program, DENR, 605 773-3352, eric.gronlund (at) state.sd.us
=======================================

=======================================================================



THE DRAFT MINE ORDINANCE AMENDMENT WAS ADOPTED
 BY PENNINGTON COUNTY COMMISSION

UPDATE - REFERENDUM EFFORT FAILED - NOT ENOUGH SIGNATURES
about 3,500  valid signatures were needed, gathered in 20 days.
.However some individuals sued the County, due to irregularities in public notice of Ordinance.
They won in the District Court and it was appealed by the County to the Supreme Court, so
the fate of the new Ordinance rewrite is uncertain.

A referendum of the ordinance amendment was being organized by Black Hills Concerned Citzens (BHCC),  a group that has been fighting the expansion of a mine (Croell) 
near Highway 16 between Rapid City and Hill City. 


Prairie Hills Audubon Society, the Rapid City Chapter of the Izaak Walton League 
and the Clean Water Alliance supported the referral.
Discussion on this potential referendum has occurred at various environmental group meetings in March and petitions handed out. The Ordinance provides inadequate protection to the public & environment from impacts of mining. Of special concern are the pre-existing mines and how they will be grandfathered in, with inadequate regulation. BHCC wrote Wednesday" 
"We did not file the petitions today at 5 pm because we did not have a sufficient number of signatures.
We are exploring other options and we will keep you informed as they unfold."

=====
  -On Tuesday, February 27th 
Pennington County Board of Commissioners 
Commissioners voted to approve the Ordinance Rewrite:

Pennington County Mine Ordinance Revision -  
Immediately Below is a Report on Progress Pennington County Actions,
scroll down for problems list

Past action 

Pennington's Board of County  Commissioners completed the Pennington County's revision of it's mine permitting ordinance,  on February 27th.
 SD law requires two readings of ordinances -- hearings were held by the Board of County Commissioners on February 6th, the 13th, 20th, 23rd and 27th The public was given 3 minutes each to testify at some of these meetings.
On February 13th, they  decided to create a new committee to review  an improved ordinance amendment on "hard rock" or "mineral mining". The County will consider how to structure committee and who to appoint to it later.

The final  version of the ordinance amendment, was published in the paper (RCJ) on the 7th.
The link to the publication in the Journal- proving published
 (they don’t put all pages online, this just shows the end of the minutes.)

It can be fully downloaded via the February 27th minutes of the Commission

Contact - Hennies Holli <hollih (at) pennco.org> 605-394-2171 for the final version of the  ordinance re-write
Written comments for the Pennington County Commission should be submitted to Holli.

Process Background: 

There is a moratorium on issuing new mining permits in Pennington while a revision of it's Ordinance was being done.   That moratorium will expire  April 5th, 2018. 

SD  Statewide Mine Governance Background

When considering mining law and regulation in SD at a state level, you need to differentiate between these two types of mining - sand and gravel (approval of such a mine is called licensing by State) vs hard rock or minerals mining (approval of such a mine is called permitting by State). The level of regulation and opportunity for public involvement is extremely different between the two in the state of SD. PHAS believes regulation of sand/gravel/rock mines to be woefully inadequate in SD.

SD  Mining law is at  at SDCL Chapters 45-6 and 45-6B & rules are at ARSD 74:29.

"Hard Rock" or "Minerals"  Mining Law & Rules:

Sand and Gravel Mines Law:

Background on Draft Ordinance Content

Under state law, on the state level, there is no opportunity for public comment or contested case hearing in the licensing of a sand and gravel mine.  There is no limit on mine size or length of operation.  This new county ordinance would make it easier for folks in Pennington County to learn about and to attend a hearing and comment on future mine applications at the County level.  The existing mine ordinance section is one paragraph & the SD Supreme Court allowed the County to reject a mine application based on that paragraph & related parts of the County's Zoning Ordinance.  The Ordinance rewrite expands the length of mining ordinance section to about 20 pages of text, although much of that text merely repeats regulations of state and federal agencies (thus it is often just indexing the existing regulatory status quo).  The current paragraph about mine permits and the moratorium on Pennington County permitting of new mines applies to both sand and gravel mines and hard rock mines (mineral extraction mines) but the draft revised ordinance, as originally written was to only be applied to sand and gravel mines, while revoking the existing paragraph.   2 new paragraphs were quickly added, last minute to apply the ordinance rewrite to hard rock  (mineral) mining.  This was better than no jurisdiction, however more work will need to be done in the future on a better mining ordinance that fully addresses the issues associated with "hard rock" minerals (mineral mining), which can be different.

Rapid City Journal Editorial on the draft Ordinance


During hearing on the Ordinance rewriting, we won improvement on some issues, but lost a lot also.
Via all the Commission days of hearings, we got better mechanics/process for the public notice and hearings for future mines. But the substantive guts - the parts on regulation/mitigation of the harm from future mines - did not improve enough between draft and final version.
The Ordinance was written with heavy influence from mining industry and is is substantially a laundry list of rules and laws they already have to comply with anyway, thus the public gains little in terms of new regulation of future minesThe County gained some enforcement tools to help it enforce it's ordinance. It is unclear, at least to me, if County has discretion to add new conditions to address additional concerns or reject mines for issues not on the Ordinance's "laundry list",  especially for environmental issues. 


This was a bad outcome for existing mines.  A subset of the "laundry list"  of rules/laws is applied to existing mines.    Sand/gravel mines as licensed by the State, can be very large and include multiple disjunct large pieces of land, where current mining is far away from future disjunct expansion.  All existing licensed mine parcels will become grandfathered in mines, nominally called -  "non-conforming uses", with automatic approval if mines submit various data describing their mine,  to County in 180 days.  They don't need a permit pursuant to the Ordinance, so their permit can't be revoked for non-compliance.  The County has an option to ask for an additional County bond for sand/gravel mines and the mines must give the County a copy of a reclamation plan . Existing mine section is inadequate & the"poison pill" to this Ordinance.


Results on PHAS Talking Points:

1) All commercial mining in Pennington County should require approval via conditional use permits.
 We won on this, sort of - but it was sort of a last minute change due to a  technicality. It is not well written to create clear conditions that protect the quality of existing neighborhoods from future mines
2) The  County Board of Commissioners should give the final approval of all mining permits
 (Thus no appeal to County Board of Commissioners
 is needed to get application before them, as they automatically review it.)
 We won on this for future mines,
3)  We object to the requirement that the County Commission needs an appeal from public to review application. We object to limiting appeal rights to limited types of persons.   
Why can't general taxpayers in the County who pay for county costs, appeal?
We won on this, for future minesas Board decides - thus no need to appeal.
4) Longer advanced notice of hearings is needed - such as 45 day notice & longer time to file appeals - 20-30 days, if one is required. They need to look at the cumulative time the public has had to study the mine application and related law, between the public first learn about a pending mine and are arguing about it's approval before the Commission. 
No need for longer appeal time, as Board makes final decision (no appeal needed)...30 days written notice mailed to residents within a half mine and some tribes is a win. So a partial win for future minesBut the -  at least 17 days notice in newspaper of hearing-  remains totally inadequate for notice in newspapers.
  5) A new mine should not have automatic rubber-stamp approval, if it meets all the conditions in the Ordinance.  When making that decision, the County Commission should have some flexibility to address new issues and apply new conditions not envisioned of by drafters of this Ordinance - as long as new conditions are in  harmony with purpose & intent of the Ordinance.
  Allocation of discretion to Commission for future mines seems vague and we are not sure how it would/could be enforced. We are not sure how the Commission can ask for more than the explicit requirements in the Ordinance.
6)  The public should receive notice of pending mine permit renewal actions and have option to request hearing on renewals and renewals should not be a "rubber stamp". 
 The limits on who can request a renewal hearing are way too narrow.
For future mines, there is a renewal hearing and the public gets notice of renewal hearing, like they do of the first application. The County can deny renewal if the mine failed to comply with the ordinance, or continued operation poses a threat to public health, safety, or general welfare.
7)   Setbacks should be greater than 300 feet, we suggest a minimum of 500 ft, with flexibility on buffer size  - buffer should be greater, depending on local conditions.
For future mines, this is still  basically a problem - it now says the set backs will be "at least" 300 feet. The words "at least" were added. The burden to get a larger setback rests with the public, who must be watching,  show up and force the issue.
8)  Better protections from sound impacts are needed. Better protection for historical, cultural & biodiversity resources are needed. Better protection from impacts to roads in the county is needed - The Commissioners need discretion on this issue.
For future mines, this is still a problem - it was not fixed.
9) The "purpose" needs better language  so as to protect the environment.
For future mines,This is still a problem, it was not fixed
10) Folks were arguing how to integrate old "grandfathered in" mines that were that were permitted by Pennington after Pennington started permitting construction or mines, but before this ordinance rewrite. At issue is  -- what is permissible mine "expansion" under the old permit and/or state license and what "expansion"  triggers a new permit application for older mines. This relates to legal controversy,  not yet decided by  SD Courts on "diminishing assets". Pennington has 194 existing sand/gravel mines. We don't know how many "mineral mines".  PHAS wants older mines to come under better regulation as soon as possible.
Grandfathered in mines, aren't given enough oversight, they are expected to comply with some environmental laws via Ordinance, but most of those they had to comply with already under other laws (not the ordinance) & unfortunately there is no process to deny, mitigate, punish or revoke, thus all compliance language is meaningless.  Grandfathered in mines remains an extreme problem. Ordinance allows County the option to ask for a county bond for existing sand/gravel mines. Thus the Croell sand/gravel mine expansion will be rubber stamped.
11) The County spent March-January (11 months)  reviewing and writing ordinance for regulation of sand and gravel mines and last minute added two paragraphs to insert into the ordinance on "hard rock mining" (mineral mining) -- which includes open pit, heap leach, underground, in-situ and placer mining. All of which have more complex issues than sand and gravel mines & involve new issues & new concerns.  Applying Sand and Gravel mine rules won't fit over all these processed. Inserting two paragraphs is better than nothing, but more work is needed on the mineral mining section. Then potential for a mine application filed by Mineral Mountain Resources before Pennington has a decent revision, makes this inadequacy even more scary.
This is still a problem -- the two paragraph "stop gap measure" still needs work. The Ordinance will be problematic when applied to some future "mineral" mine types.

REFERENCE - MINE ORDINANCE

How to navigate Planning Actions at Pennington County

Planning Commission link:
Public Notice link
Link to Current Zoning Ordinance - see one paragraph on page 193

Compare to Lawrence County
Lawrence County ordinance to compare to - see chapter 20 "Extractive Industries" page 154-162. In our opinion they often make better choices with respect to ordinance design.
 History - Deep Background 
Link to Rapid City Journal Article explaining the beginning of this revision effort
Croell Mining Case
Link to SD Supreme Court Decision that upholds Pennington County's decision to reject Croell Redi-Mix's mining application. A lawsuit filed by miners over Pennington County rejecting a sand/gravel/aggregate mine application explains at least partly why Pennington wants a better Sand/Gravel/Rock ordinance.

----
Nancy Hilding (PHAS), Sandra Serberger  (Sierra Club), Lilias Jarding (CWA), Gena Parkhurst  (DRA) , Duane Abata (Black Hills Concerned Citizens) have been following this ordinance review.  Nancy Hilding at 605-787-6779, has a copy of the final and earlier versions, that she can send you.

=============================================

ALERT ON PUBLIC ACCESS 
TO NON-MEANDERED WATERS

Marsh Wren. - painting by JJ Audubon

PAST EVENTS - for current events, scroll up.


====================
UPDATE JANUARY 2018
Link to map showing closed lakes or sections of lakes  (about 17 closures)

Link to GFP Discussion of "Progress Update"



=========
FALL 2017 UPDATE
A contested case hearing on November 2nd about
petition asking to remove public access from Cattail-Kettle Lake
UPDATE - the Commission did not approve the petition. 
- a non-meandered "Section 8" Lake-
8 am in the morning of November 2nd
Petition

The Commission has adopted rules (October 2017)  on how to petition the GFP Commission to have a "Section 8" Lake closed to public access...  "Section 8" Lakes are the non-meandered lakes the Legislature specifically named as open to the public on June 12th, 2017. They told the GFP to create a process for public to petition to close such lakes...GFP Commission did that and held the first contested case about a Section 8, Lake Closure.

SDGFP writes:
"PIERRE, S.D. – Earlier this month, the South Dakota Game, Fish and Parks (GFP) Commission denied a petition submitted by Cattail Land and Cattle Company, LLC, to restrict recreational use on portions of Cattail-Kettle Lake in Marshall county. 
A contested case hearing was conducted on the morning of Nov. 2, 2017, in Brookings where the GFP Commission heard testimony from the petitioner requesting to close a 100 yard buffer zone surrounding their property from all recreational use.  The GFP Commission also heard testimony from other interested parties who were both in favor and opposed to the petition. They then considered evidence as it related to privacy, safety and substantially affected financial interests of the petitioner in addition to historical use of the waters, the water quality, water quantity and the public’s interest in recreational use of the water. 

In failing to meet the burden of proof by a preponderance of the evidence, the GFP Commission unanimously approved a resolution denying the petition. As a result, all portions of Cattail-Kettle Lake remain open to public recreational users."

=======
SD LEGISLATURE -  SPECIAL SESSION 
It was JUNE 12th - 10 am
press release on session:

Bill delivered to the Governor (HB 1001) (has an amendment to section 21-suset clause)

 final draft legislation from the summer study on non-meandered waters that was considered on 12th.

UPDATE ON RULE MAKING BY GFP
GFP has done rule making ordered by this bill - look to the SDGFP Commission web page for archives and SD administrative rules;

UPDATE ON LEGISLATIVE ACTION -June Special Session Report
On June 12th the legislature passed the proposed bill, with an amendment (originating from the Senate) to change the sunset clause date  from July 1st 2021 to July 1st, 2018.  Some Senators  planned to rework or to "tweak" the bill during the full session (2018) but agreed to pass the summer study's version in order to do something immediately and to open the closed lakes.  In both houses some legislators objected to the bill from a public rights viewpoint (bill did too much harm to public rights), some objected from a private property owners rights viewpoint (bill did not do enough to protect private rights) and some argued both views with respect to different sections.  
The anti-bill votes can reflect people opposing the bill from either or both viewpoints.  PHAS opposes HB 1001, but at least the sunset clause means the issue will be cracked open again in January 2018.

Failed amendments
           On the Senate floor Senator Kennedy offered some good amendments, trying to change words in some sections to "access" from "recreation" and attempted to add a statement that recreation is a beneficial use of water.  His amendment did not pass the Senate . On the House floor Representative Representative Tulson offered a hog house to change the bill to a bill to just open the 30 closed lakes.That also did not pass. Votes in favor of Kennedy's or Tulson's  amendments are a pro-public trust/pro-public asset vote.

Link to special session:
Link to bill history (see some of the votes)
Link To journals

Link to SDPB recording of special session:

Media article on session
http://www.ksfy.com/content/news/Daugaard-signs--428078613.html


REPORT ON SD NON-MEANDERED WATERS LEGISLATIVE SUMMER STUDY 

The interim committee (non-meandered waters) last hearing/meeting was June 2nd.
The committee asked for a legislative session the week of June 12th
and they got it - June 12th..

PHAS opposes the last version of non-meandered water's access bill also... in our view some positive and negative changes were made from earlier version but the proposed bill was still adverse.

SD natural waters are divided into non-meandered and meandered classes. Folks have been arguing for years about what are the SD law or rules for public access to non-meandered waters and how to interpret existing law and previous court decisions with respect to this issue.  
The Supreme Court recently tossed the authority to decide this back to the legislature.  (March 2017).

PHAS opposed the proposed bill...

Here is a web link to the South Dakota Wildlife Federations (SDWF) petition on this matter -
Scroll down for their letter on this issue.

https://www.change.org/p/south-dakota-governor-legislators-please-do-not-support-the-south-dakota-non-meandered-waters-final-draft-legislation-as-written?recruiter=700934981&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition

We suggest folks oppose the new law - we suggest you complain that this is not a fair and not a balanced compromise between recreators and lake-bed owners. 
Control over our public water is being surrendered to private individuals - 
this will be a huge surrender of public assets.

Here is a quote from the SDWF in the summer:

"South Dakota is on the eve of a great wrong—where over 40% of the waters in our natural lakes may be closed at the whim of private individuals.  The South Dakota Wildlife Federation (SDWF) cannot support a bill that delegates authority to private individuals to restrict access to massive amounts of publicly owned water with zero public due process, and then allows those private individuals to use the public waters for their own ends. "  

SD Wildlife Federation's letter on the proposed bill



Short discussion of issues and process

HISTORY OF LEGISLATIVE PROCESS

There was a SD special legislative session June 12th, with a bill proposed that may have large impacts for public recreation on or other public use of public waters; those that are in SD's non-meandered lakes.

The draft bill was moving extremely fast outside the regular legislative time period. 
 The Summer Study Committee  had 4 meetings of the Committee  - 
3 in Pierre & one in Aberdeen. (4/27/17, 5/9-10/17, 5/24/17, June 2nd). 
 June 12 is Special Session day and bill is alleged to go directly to floor votes without more committee meetings.
 They moved this forward in one and a half months.  They had an emergency clause on the bill, so it needed a two thirds approval vote.
Summer Study link


LONGER BACKGROUND:

Recent history:

Conflicts have arisen between property owners owning land around and/or under lakes & outdoor recreators: conflicts have especially been happening in NE SD over use of non-meandered lakes (smaller or more shallow lakes historically) . The status quo has been --  if the public has legal access to a lake they can use it.  Legal access can be from public property and public easements (a form of property).  Thus the public shares part of the lakeshore and perhaps the lakebed with other owner(s) around these lakes.  Lakes have increased in size due to rainy weather but also to extra runoff due to conversion of prairie grasslands to crop land and due to drainage tiling. Some lakeshore landowners have complained about conflicts with recreators - public's behavior and/or numbers. Counties and Townships have vacated section lines and closed roads to remove public access. There have been past court battles and battles in past legislatures over this issue. A recent Supreme Court decision (3/15/17) resulted in an injunction on 2 lakes, preventing GFP or general public from facilitating access on those 2 lakes, while not giving the public or the landowners superior access rights:

In response to a Judge's injunction on 2 lakes in SD, the SD Game Fish and Parks (SDGFP) has interpreted that injunction  broadly ... and has shut down access to additional lakes (25 lakes). Below is a link to a discussion of why GFP closed access to more lakes than the 2 the judge enjoined. This guidance was published in April 2017.

Fishermen and boaters both in SD and out-of-state visitors are alleged to now be afraid to use SD lakes, for fear they may be arrested and are thus not coming out to recreate and tourist businesses are suffering and hoping for relief.
SDGFP at the urging of the Committee issued this press release to reassure fishermen and boaters:

 Thus the legislature was moving in spring/summer 2017 at extreme pace to solve a very very complex issue that is currently impacting landowners, businesses and recreators. When people make decisions in a rush, they can be bad and can have unintended consequences.

Fifteen Legislators have been sitting on a “Summer Study” committee looking for a legislative solution to the Supreme Court’s decision on non-meandered waters.  (scroll down for a list of legislators)
  
WHAT ARE MEANDERED or NON-MEANDERED LAKES?




Bear Butte Lake (east side)  Original Survey map - to find lake look on west edge of map.

The origin of meandered & non-meandered juxtaposition for lakes: the 1868 federal instructions to surveyors were to not draw meander lines around a body of water that was, (a) less than 40 acres;  or (b) shallow or likely in time to dry up or be greatly reduced by evaporation, drainage, or other causes. In these cases the surveyors included the water body and its bed in their survey as part of the lands available for settlement. 
 Water like this are called non-meandered waters & the person with title to the land(s) owns the ground underneath the lake (the lake bed) but the public owns the water (& living animal creatures in the water itself) - above the lake bottom 
The waters & ground beneath "meandered waters" were given to the public & the ground beneath meandered waters were never open for settlement. 

Link to the 1868 Surveyor's instruction manual

These land surveys in SD did not necessarily happen right away after 1868 -- in 1868 western SD was part of the recently designated "The Great Sioux Reservation" by the 1868 Fort Laramie Treaty.

This link leads to what we suspect is the original first USA surveys (BLM General Land Office Records) - you can look up the "original survey" map for your area. Inputing your area's township and range allows you to find your square of land surveyed and then look for "plat image" in the various drop down menus and choices.

SUMMARY OF CURRENT LAKES

Lakes in NE SD have been increasing in size, alleged by GFP just due to rain fall, but also possibly due to drainage tiling, where land owners drain marshy or saturated areas, moving water downstream.  Also the rising waters could be partly due to conversion from native grasslands to crop lands, as the runoff from crop lands (or road beds) is greater than runoff from native prairie. The enlarging lakes & inundated farm lands, create hardships for farmers, who can't grow crops or pasture it. Farmers pay taxes on land they own under water..but less than for dry land.

While EXCLUDING several large lakes created by damed major rivers
the SD GFP estimates that there are:


1. Meandered lakes - are 29% of the cumulative lake area, and 267 lakes in number and take up 246,000  acres
2. Non - meandered lakes which are larger than 40  acres - are 39% of the cumulative lake area,
 they are 2,324 lakes in number and occupy 325,000 acres
  3. Non -meandered  lakes 40 acres or less -  constitute 32% of the cumulative lake area, and number at 26,709 lakes
occupying 263,000 acres.

 Not included are 487,000 acres of water in the Missouri River, Orman Dam,  Angostora, and Shadehill Reservoirs. Including these river dams with the other 3 categories would change the percentages of cumulative lake area significantly. The other 3 categories plus the dammed rivers create a total of  1,321,000 acres of water, of which 487,000 acres (dammed rivers) is 37%. and thus the above 3 categories divide up just 63% of SD standing "lake" waters.
 This inclusion of river lakes created via dams in total acres, changes the percents of "not-river-lakes "to  19%, 25% and 20% respectively and river lakes 36%.
 However some of the 3 classes of waters above, may be fully on private property with no public property rights held around the edges and thus they have no public access already. The lake data was assembled by GFP staff using aerial imagery. 

 Link to the SDGFP Fishing Access map

Link to Department of Environment & Natural Resources Rule that displays lakes by Counties that are
assigned the beneficial uses of immersion recreation and limited contact recreation and other uses:

DENR list of lakes by County
assigned beneficial use guides
========================

CRITICISM OF BILL 

See update above for 5 changes to draft bill on June 2nd - 


PHAS does not support this draft bill and does not consider this a balanced compromise.

 Lake-bed owners will be given the  choice to restrict access to the public's non-meandered lake water that overlays their private lake beds The bill will allow privatization of a large percent of SD water bodies.
Violators of restricted access areas will be guilty of criminal trespass.
There are 27 lakes (out of 29,033 non-meandered lakes) that are held open and the lake-bed owner must petition to close those, the rest -- it is his/her choice.

The types of bodies of water in question currently belong to the public. Local private property owners, under the status quo, own the ground beneath the non-meandered lakes in question, but not the lakes themselves or the wildlife, fish, and invertebrates that reside in the lakes. The public owns all water and the wildlife/fish that is above the lake bed.  With this bill the landowner can restrict the public access to something the public owns and thus land owners acquire unique access for themselves and their friends. If they commercialize such access -- they have successfully privatized some of SD's wildlife and fish for sale for private gain (you can't fish, hunt, trap, photograph or "nature study" on lake
 without paying to do so). The bill forbids them from receiving financial compensation for fishing, but not for other leisure activities nor does it prohibit non-financial compensation.

Main issues:

1.  The bill gives SD GFP's new legal authority to regulate recreation on these non-meandered lakes (Section 19.),, but does not wait to see if this new authority will solve many of the problems/conflicts.  It lets the lake-bed owner make the decisions about public access, without first requiring negotiation or mediation/arbitration of conflicts first (especially of concern given SDGFP's upcoming new  authority for regulation of recreation on non-meandered lakes).

2. Access closure decisions should be made by Game Fish & Parks Commission (GFPC) or Water Management Board (WMB). They should have the choice of whether to  1) block off all or parts of the lake, 2.) change recreation regulation on lake and/or 3) leave access and recreation as is. Appeal rights to any decision by GFP or Water Management Board (WMB) pursuant to the new law must be for both recreators and landowners. 



3. It allows privatization of a public resource, at choice of a private person(s).  If lake is closed to public recreators, the selling or trading of access to the closed-off public water resource must not occur.



4. Native American special treaty rights to hunt,fish and have access... must be discussed and addressed

Other problems

5. Lakebed owners can ask GFP to rent/purchase access on lake waters from them instead of closing the lake or parts of it. Expenses will be created for GFP under this bill - such as paying for access to keep lake open - ("ransoming back public water") and the likely cost & source of off setting revenue is not explained -- will GFP raise fishing license or park entrance costs to cover this? Will it short change other programs? Does this bill need a fiscal note? The GFP report in 2019 should disclose associated costs for GFP. (see Section 20) 



6. Native American's unique interests (1851 treaty rights to hunt, fish, have access) in this case need to be protected.

 GFP and DENR need to prove that consultation with tribes, especially Sisseton Wapheton Sioux Tribe, have adequately occurred.



7. There is no definition of "lakes" or "natural".  This creates confusion with how this bill applies (or does not apply) to "wetlands," "ponds" vs. applies to "lakes", and how it applies to "human made" or "human augmented" water bodies.  Does "unnatural" mean private chlorine enhanced swimming pools and sewage lagoons, or does it also mean lakes created by dams?  If this bill does not apply to these waters (dams), -  they remain in  the uncertain status about public access -- an uncertainty created by the March 2017 Supreme Court decision. This uncertainty can disproportionately effect west River SD, in which many of our standing waters are augmented or created by dams (impoundments). The instructions to surveyor in 1868 included no instructions to handle dammed water differently with respect to lakes/ponds.



8. Will the bill create an argument for adverse possession by lake-bed owner.. to eventually claim he/she owns the public's water, after it is closed off with buoys for years?



9.The bill needs to provide relief to recreators, from Counties and Township vacating section lines and closing roads to prevent public access to SD waters. This issue needs to be included in the bill.



10.  The legislation must clarify that if any lakes are bisected by a section line -- does this bill authorize lake-bed owner to "close section line access" across the lake? How does it effect navigation rights on navigable non-meandered lakes?



11. It allows GFP when considering petition to close one of 27 open lakes, to consider public, lake-bed owner and water quality/quantity interest. At such times it needs to also consider protection of biodiversity on the lake (the lake's animals and plants) not just the human use.



12. GFP (or whatever entity does bargaining with landowners) needs to learn and quantify when bargaining if - -  the land owner(s) seeking relief, have engaged in drainage tiling and have switched native grasslands to cropland, without vegetative buffers, and thus helped create their inundation or run-off problems.  If relevant - did the inundation happen before or after Bill Janklow provided a program to purchase some inundated lands  (with possible subsequent return to owner at the purchase price).  These landowner past choices should be a factor when seeking fair solutions.



13. Beavers create and created many "natural" lakes/ponds/wetlands. Given historic beaver trapping history and current GFP hunting rules, the trapping of beaver is not well enough restricted, thus we have lost and are maybe losing "natural" lakes.  Lost beaver created "lakes" may have been replaced with human constructed dams. This makes a difference if the law treats "natural" and "unnatural lakes" differently.



14. Adverse affect of buoys marking off "no trespassing areas" on lake scenery. This could effect enjoyment of lakes and tourism.



15. In the bill's introduction (Section 1),  private land owners have "rights" but the public only has "interests". As far as we know the public owns the water and has "rights" too.


Whose compromise?
What is proposed  is a deal cut by the landowners, the governor and SDGFP. The pro-recreator NGOs that have been involved in this, representing the outdoor recreator viewpoint (including an intervener in recent civil action) were not invited this most recent deal cutting.  PHAS is also concerned for inclusion of Native American interests during bargaining and we include a section on Native American concerns (those concerns of which we are aware)
 at the end of this section (scroll down).
With this "unbalanced negotiating" we get an unfair proposal.

UNCLEAR IMPACTS - East River vs. West River
  A question in all of this is - in the proposed bill, the meandered and non-meandered lakes are both qualified with the word "natural" and the words "natural" and "lake" are not defined in the bill.  Many lakes in SD may have been perennial, intermittent or ephemeral drainages, ponds or marshes that were augmented or created by dams or other water flow control structures such as flumes or altered with drainage tiling as locals may try to move water off one area or drainage basin to another.  Are such lakes now or were they ever "natural"?  How will the definitions in the draft bill and the bills goals effect western SD -- where there is generally not enough water and locals via "unnatural" actions  try to save it on their land? Conversely how will it effect northeastern SD where locals seem sometimes adverse to the amount of water on their land and may try to get rid of it or concentrate it "unnaturally"? 

If these are "unnatural",  how is SD GFP inventorying these "unnatural waters"?  Are "unnatural waters" in eastern SD (standing waters augmented unnaturally by tiling) considered natural and included in SDGFP inventories and concerns.. but are the "unnatural waters" in western SD (augmented unnaturally by dams) considered "unnatural" and ignored by the draft bill and left subject to the access uncertainty created by the Court's March 2017 decision?   Will the bill's impacts to both sides of the state  - which have very different water realities -- be fully understood & both sides treated fairly? 
The Committee has 2 legislators from west River and 13 from east River.. It has no Native Americans of which we are aware of.
 Streams
Also of concern is how the Judge's decision will effect streams. they are not included in the proposed bill, but a future scenario of property rights advocates asking for a similar bill for streams in the 2018 legislature is a potential "falling dominos" scenario.  Will this bill set precedent or expectations that may be applied to other water types in the future?
======

Update on June 2nd Actions


6/2/2017Friday9:00 AMRegulation of Non-Meandered WatersRoom 414

An adverse bill passed Summer Study Committee  with a 13 to 15 vote. Senator Kennedy and Representative Tulson voted against it.. Thanks to the 2 of them for holding out for the public to the bitter end.  When many pro-public amendments were shot down, these 5 legislators voted leaning towards "pro-public" - Otten, White, Hawley  Kennedy and Tulson. Thanks to them all for their efforts for the public access to public waters and a for creating a more fair process.  

Changes to the bill (changes on June 2nd that modify May 24th version) include: 
1) change to the definition of recreation (improvement), 
2) not allowing landowners to charge $ for fishing once they rope off a section of the lake (improvement but not enough of an improvement - they can charge for boating or waterfowl hunting or other recreation),
3) there is a 4 year sunset clause (improvement but too long a time before sunsets),
4)  there is a reporting on results and review process scheduled after 2 years (improvement),  
5) there were 30 lakes that were sort of designated  open in the earlier draft, now just 27 (not an improvement).


PHAS did not support this bill and 
does not consider this a balanced compromise.
The link just below is to the draft bill (see link below), which is proposed to be adopted by the Committee 


on June 2nd  and  sent to a special session of the legislature in the week of June 12th (maybe - that is the Committee's  current objective). It was adopted on June 12th with a change to date of the sunset clause...which is now July 2018.

Draft Bills:
earlier version

Regulation of Access to and Use of Non-Meandered Waters
 on Public and Private Property 
Summer Study
Look up summer study committee:

 (Chair) Rep. Lee Qualm - lee.qualm@sdlegislature.gov, (Vice chair) Sen. Brock Greenfield -  brock.greenfield@sdlegislature.gov, Sen. Gary Cammack -  gary@cammackranchsupply.com, Sen. Jason Frerichs  -  jason.frerichs@sdlegislature.gov, Sen. Joshua Klumb -  Joshua.klumb@sdlegislature.gov, Sen. Craig Kennedy - craigakennedy@gmail.com, Sen. Jim White -   jimwhite@hur.midco.net, Rep. Hugh Bartels  -  hugh.bartels@sdlegislature.gov, Rep. Mary Duvall -   maryduvall@midco.net, Rep. Spencer Gosch - spencer.gosch@sdlegislature.gov, Rep. Spencer Hawley -  spencer.hawley@mchsi.com, Rep. Steven Mccleerey -  steven.mccleerey@gmail.com, Rep. Herman Otten -  hermanottendist6@gmail.com, Rep. Larry Rhoden -  lrhoden@gwtc.net,  Rep. Burt Tulson -  tulsonbl@itctel.com

Past  Summer Study Hearings on can watch on  You-tube
5-9-17 Non-Meandered Waters Legislative Hearing - Day 1 of 2, You Tube Link,

5-10-17 Non-Meandered Waters Legislative Hearing - Day 2 of 2, You Tube Link

SD Wildlife Federation's 
Opinion on the Non-meandered waters draft bill (earlier version - May 24th)

=========
REFERENCES

GFP references on this:

GFP web page  has a text discussion of this 

GFP you tube of GFP presentation on this

PDF version of above power point... The bills in this PowerPoint are just that  -- bills, not law, --
they did not pass the legislature


Understanding the judicial side of this:

Parks v Cooper Supreme Court decision 2004


Duerre v Hepler Supreme court decision 2017. 


WATER MANAGEMENT BOARD (see DENR) INVOLVEMENT IN THIS ISSUE

SD Water Management Board (WMB) has authority under Title 34A SD to assign beneficial uses for SD waters. It sets SD's water quality standards, which according to EPA are tiered to beneficial use. Thus to set water quality standards, WMB must first assign a water a "beneficial use"

"  34A-2-10.   Classification of waters. The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish or modify the classification of all waters in accordance with their present and future beneficial uses."


SD Water Management Board has created 11 categories of "beneficial use" of SD waters. It has assigned beneficial use # 9 to all lakes... Rule assigning recreation as a beneficial use to all lakes in SD

"  74:51:02:01.  Beneficial use of fish and wildlife propagation, recreation, and stock watering assigned to lakes. The beneficial uses of fish and wildlife propagation, recreation, and stock watering are assigned to all lakes in the state.(emphasis added)


Clusters of rules:



 Here is the 2016 Biennial Review of SD Waters, which has lots of nice information & maps.>>>..THE 2016 SOUTH DAKOTA INTEGRATED REPORT FOR SURFACE WATER QUALITY ASSESSMENT 


Water Management Board also assigns "beneficial uses" under Title 46 to SD waters when allowing appropriations from SD waters, which may involve constructing dams to collect water for use. So this is another set of SD law with a different concept of what a "beneficial use" is, than in Title 34A.

  46-1-3.   Water as property of people--Appropriation of right to use. It is hereby declared that all water within the state is the property of the people of the state, but the right to the use of water may be acquired by appropriation as provided by law. (Emphasis added)
Source: SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0101 (2); SL 1983, ch 314, § 1.

46-1-8.   Beneficial use--Measure and limit of right to use of waters. Beneficial use is the basis, the measure and the limit of the right to the use of waters described in this title.
Source: SL 1955, ch 430, § 1; SL 1955, ch 431, § 1; SDC Supp 1960, §§ 61.0102 (6), 61.0401 (10).





DENR discussion of water ownership in SD

THIS ISSUE IS OF SPECIAL IMPORTANCE TO LAKOTAS

 Lakotas and other tribes,  may have special and unique access rights and fishing rights to western SD  waters under the 1851 treaty. Which rights have not been surrendered and remain in place... This is thus also about environmental justice and once again taking property rights from the Region's tribes.

See part B on pages 11 and 12 in this Brief filed by Yankton Sioux Tribe in civil case over Keystone XL
"B. THE COMMISSION ERRED BY ISSUING THE ORDER GRANTING MOTION TO PRECLUDE CONSIDERATION OF ABORIGINAL TITLE OR USUFRUCTUARY RIGHTS ON JUNE 15, 2015, BY PRECLUDING THE INTRODUCTION OF TESTIMONY REGARDING ABORIGINAL AND TREATY RIGHTSAND BY FAILING TO CONSIDER TRIBAL ABORIGINAL AND TREATY RIGHTS IN ITS FINAL DECISION. "


The legal argument for Tribal fishing and access rights is explained in this Motion for Preliminary Injunction 2008 by
Russell Means:


The Dog Ears Lake in Tripp County is one of the lakes with access blocked after Duerr v Hepler Decision..It  is named after a Lakota... It exists in Tripp County in land that was once within  the Rosebud Reservation and that jurisdiction taken away by the Supreme Court in  - Rosebud Sioux Tribe V. Kneip as recent as 1977. 



SD  statute grants a procedural right to  consultation for Tribes in SD
 SDCL  1-54-5.   Consultation with tribal government regarding state programs. It is the policy of the state to consult with a tribal government regarding the conduct of state government programs which have the potential of affecting tribal members on the reservation. This section may not be construed to confer any substantive rights on any party in any litigation or otherwise.
Source: SL 1990, ch 5; SDCL § 1-4-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 83, eff. Apr. 12, 2011.

Part of Sisseton Wapheton Sioux Tribes Reservation's original boundaries overlaps part of Day County, the County where these law suits originated from.     In Western SD Lakotas have treaty rights to hunt, fish & pass over lands within western SD (1851 treaty... these treaty rights were not removed in subsequent treaties)
====

Various links to court cases on tribal hunting/fishing. 

Wisconsin - 

The Voight Decision,1983




Minnesota,
March 1999 - "The Court affirmed the rights of the Ojibwe to hunt, fish, and gather on the lands ceded by treaty, contingent upon a set of guidelines to protect the Great Lakes fisheries. 
This decision is an important victory for proponents of Native American sovereignty."
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  A biennial report on SD mountain lions can be found at https://gfp.sd.gov/userdocs/docs/2017-status-report.pdf.  This document will provide more recent mountain lion data than what is found in the current SDGFP management plan.  This report can be found at the bottom of the mountain lion webpage at https://gfp.sd.gov/mountain-lion/.

Oct 2018 Commission meeting.
SDGFP staff presented an update on lion management. It will eventually be available on the web site, however Audio of meeting is here
https://gfp.sd.gov/commission/archives/


Wednesday, November 15th, 2017
GFP Was Seeking Comments on Current Mountain Lion Management Plan
PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) was seeking comments on the 2010-2015 mountain lion management plan ,prior to drafting the next management plan. These comments will assist the GFP in determining additional public involvement and identifying topics that need to be considered during the plan revision process. A final revised plan, which incorporates additional public comment, is scheduled to be presented to the GFP Commission in mid-2019 for adoption and implementation.
The current mountain lion management plan can be found online at: gfp.sd.gov/wildlife/management/plans/docs/MountainLionManagementPlan.pdf.

PHAS TALKING POINTS
OUR 13 Talking Points on the Mountain Lion Plan, have been temporarily deleted due to lack of space on this home page.
We will return the text when we have space again.
to get a copy...ask Nancy 605-787-6466 or nhilshat (at) rapid net.com

Audio link to SD GFP Mountain lion presentation --
http://gfp.sd.gov/agency/commission/archive/2017/Sept/docs/8Mountain Lion Info Item Sept17.mp3

 If you want a copy of the power point GFP staff is showing the Commission...e-mail me (Nancy Hilding)  and I will send it.  It has lovely charts to help you make sense of the talk & what is happening to lions in Black Hills of SD.  It is a 2.7 MB file, Here is a sample slides.


Cougar population in the SD side of the Black Hills








Denise has mapped data from the SD GFP Mortality data spreadsheets.  

MAP LINK - 21 YEARS OF SD COUGAR MORTALITY DATA

Up to date as of June 2018,- this is a simple map,. 
this will be updated to Sept 2018 soon.
Older version , with layers
This Interactive GIS map has different layers and shows mortality in layers,sorted by type of death or sex of dead lion. You need to go to the upper right hand corner and see the various layers available. 



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BLACK HILLS RESILIENT LANDSCAPES Project
October 30th Comment Deadline

March 30th-April 29th Objection Period
Black Hills Resilient Landscape Project
Notice of the FEIS was released on Friday March 30th. The objection period for Forest Plan Amendment shall end 60 days after March 30th and 30 days after March 30th for  objections to the Project.
https://www.federalregister.gov/documents/2018/03/30/2018-06518/black-hills-national-forest-south-dakota-and-wyoming-amendment-of-the-land-management-plan-for-the



A large project which will determine actions on the Forest for  perhaps the next decade is available online/

Further information on the project is also available at: http://tinyurl.com/BHRLProject
It is on this webpage that you can also go to the “Reading Room” (in the right hand column of the page under “Get Connected”) to read comments (including those of the Norbeck Society) that were given about a year ago when the Forest Service conducted Scoping on the Project and recent comments.
Paper copies of the DEIS available on request and at all Black Hills National Forest offices. 605-673-9200

We recommend reading Norbeck Society, & Sierra Club comments
If you have time to read and then if you agree with the content of one or more - you could write to the FS  and tell them that you agree with any of these writer(s)

Norbeck Society's
Black Hills Group Sierra Club

The purpose of the proposed project is to move landscape-level vegetation conditions in the project area toward objectives set by the Black Hills National Forest Land and Resource Management Plan, as amended, in order to increase ecosystem resilience to insect infestation and other natural disturbances, contribute to public safety and the local economy, and reduce risk of wildfire to landscapes and communities.

Proposed activities include reduction of hazardous fuels, prescribed burning, enhancement of hardwoods and grasslands, timber harvest, non-commercial thinning, and associated actions. The project area, which includes most of the Black Hills National Forest, consists of the areas designated under Healthy Forests Restoration Act authority at the request of the Governors of South Dakota and Wyoming.

This is the beginning of a PHAS alert on this Project

MATURE DENSE PINE STANDS

Please oppose any reduction in mature dense pine stands. These have been reduced by logging for timber, logging to protect trees from mountain pine beetle or fire and also by the beetle and fire themselves. These are Structural Stage (SS)  3B and 3C, 4 B and 4C and 5 .  Have the Forest Service leave anything with a 35% canopy cover alone.  This lack of dense stands risks the viability of goshawk, brown creeper, martin and also indirectly black-backed woodpecker.  The woodpecker needs dense stands that have been killed by fire or beetles, but the stands have to first exist in order to be killed.

INSIST ON IMMEDIATE END OF MOUNTAIN PINE BEETLE RESPONSE (MPBR) PROJECT

The mountain pine beetle epidemic is over and the beetles are at slightly below endemic levels and decreasing.  The MPBR Project is still logging mature dense stands, of which we don't have enough, in order to protect us from
a threat that is over.

OLD GROWTH

The project will impact about 4/5ths of the forest... the project will occur in the major management areas to which most of the forest is assigned.  In these management areas only 1% or less of structural stage 5 (old growth) remains, except for MA 5.6, which is  2.2% of the forest & is found up in the NW corner of the forest. It has 2% old growth (SS 5)  left.  This means that the past management policy and structural stage goals for most of the forest (which goal was to have 5% old growth)  have not adequately protected the old growth from 1)  logging to produce timber output, 2)  logging with hope to reduce the beetle & fire risk,  3) beetle kill, and 4) fire kill.     Goshawks need old growth and the Forest Plan requires 180 acres of such near nests and also meeting the Plan's structural stage objectives generically, which protection has been inadequate as too few dense stands are left near nests. The current objectives of the existing Plan don't work for old growth.  A Forest Plan amendment is needed to address how to create and secure adequate replacement old growth -- before more logging is approved via this project.  What the Forest has been doing since 1996 obviously does not work.

WEEDS
There is not enough protection of the forest from the spread of weeds. Too much surface disturbance has happened in past and will happen in the future to promote pine regeneration and allow for logging and roads. The Forest Service  likely does not have the budget to treat all  the weeds - that  will grow after the planned disturbances. Funding for treating noxious weeds should be a limiting factor to actions that create them.

IMMATURE PINES AND FIRE RISK
One of the side effects of beetles, fires and logging to prevent beetles and fire is to open the canopy which
results in the Black Hills in little pines sprouting like weeds.  These will grow and create a lower canopy fire risk and ladder fuels.  The real fire risk from beetles is not the standing dead pine trees. The needles fall off the dead trees. Needles on a live pine tree during drought can be just as flammable as dead pine tree needles.  A risk comes after 10 or 20 or so years later when the small pines start growing in mass next to the ground and producing ladder fuels.  The Forest Service pays for small pine thinning by cutting down big trees... but the Forest Service has a limited supply of those left.  The Forest Service does not need to be planting more small pines...it needs a plan to reduce the supply we have. The FS should not disk, rake & scarify sod to plant little pines.

NOT SUSTAINABLE CUT
The Forest is cutting timber at a rate that the forest can't sustain and the timber industry is heading off a cliff. The Forest is going to run out of timber. It needs to slow down the rate of the cut.

PROTECT BIRCH AND OTHER ODD TREES
The Forest needs to protect birch stands from adverse impacts of logging pine from birch. Also small stands of lodgepole, doug fir and limber pine need to be protected and expanded. At one time there were blue grouse in the Black Hills, which are extirpated they need old ponderosa pines  or the above conifer species.  Aspen needs to be protected and expanded. Mixed aspen/pine stands are useful for species richness and visuals, and the Forest should save some of those, not just eradicate them.

HEALTHY FOREST RESTORATION ACT DOES NOT APPLY
The Healthy Forests Restoration Act (HFRA) seeks to “reduce the risk or extent of, or increase the resilience to, insect or disease infestation” in areas experiencing declining forest health (defined in the Act as “a forest that is experiencing substantially increased tree mortality due to insect or disease infestation…”).  A large portion of the remedies presented in the proposed project, namely the harvest of 185,000 acres of Structural Stage 4A stands and the associated road- building, will do very little-to-nothing in the way of reducing the risk and extent of, and increase resilience to mountain pine beetle infestation and the incidence of catastrophic wildfire.

 . Send written comments to: BHRL Project, Black Hills National Forest, 1019 North 5th Street, Custer, SD 57730, or via facsimile to 605-673-9350, c/o BHRL Project. Written comments also may be hand-delivered to the above address between 8:00 a.m. and 4:30 p.m. Mountain time, Monday through Friday except federal holidays.

=========================
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Endangered Species -
 petitions to list under Endangered Species Act

This section is for the most part 
temporary deleted to make space on the Blog. 

=========
===========
May 16th
American Burying Beetle Status Review, 90 Day Finding, comment deadline

           
American Burying Beetle Photo - Lindsay Vivian,
USFWS https://creativecommons.org/licenses/by/2.0/deed.en 
On August 18, 2015, the Service received a petition from the American Stewards of Liberty, the Independent Petroleum Association of America, the Texas Public Policy Foundation, and Dr. Steven W. Carothers to delist the American burying beetle (which is currently protected under the Endangered Species Act & can be found in SD). 
         In response to the petition, the Service will be publishing a substantial 90-day finding, which is the first step in determining whether or not the American burying beetle should be delisted.
         The Service was requesting additional scientific and commercial data on the American burying beetle. 

Center for Biological Diversity's comment letter on USFWS's current status review of the beetle
it has a map of the range on  page 4.

USFWS web page on beetle:

USFWS Fact Sheet 

SD USFW page on:

USFWS 2008 status review --  it has a map of SD sites for 2008 on page 21:

Petition to de-list:

USFWS 90 Day Finding:


To see a map of beetle's range in 2004


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===================================================================================================================================================================================================

Spearfish Canyon and Bismark Lake 
Land Exchange Act
This SD State Park Enlargement Effort Is Likely Dead For Now
Prairie Hills Audubon Board voted to oppose this proposed 
land trade ("land grab") on Oct 18th, 2016. 

PHAS [and the Forest Service, the Norbeck Society, Black Hills Chapter of the Izaak Walton League of America , BHG of Sierra Club and Black Hills Group of Dakota Rural Action] oppose the proposed land trade from Forest Service to SD GFP for Spearfish and Little Spearfish Canyon and Bismark Lake.
Also opposing was an ad hoc group. Below is link to their page: 

SOME TEXT FROM THIS ALERT, DESCRIBING DEAD PROPOSED LEGISLATIONS AND THEIR FATE,   MAPS OF THE PROPOSED LANDS TO BE TRADED , LINKS TO NEWSPAPER ARTICLES, FOREST SERVICE FACT SHEETS, & REFERENCE INFOMATION ABOUT THE CANYON ARE  ALL DELETED TO MAKE SPACE ON THIS BLOG, - 



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===============================
SD IMPORTANT BIRD AREAS
a subset of a National Audubon Society Nationwideprogram

More details on PHAS web page

=============================================================

Comment Period IS OVER
U.S Army Corps of Engineers Missouri River Recovery Management Plan and Environmental Impact Statement 
A new plan that will affect how the Missouri River is managed for year to come was out for public review and comment. 
The U.S. Army Corps of Engineers’ Missouri River Recovery Management Plan Draft Environmental Impact State (MRRMP-DEIS) that will directly impact fish and wildlife, outdoor recreation, and communities along America’s longest river was released in late December 2016.



Documents available at http://www.moriverrecovery.org 


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========
Announce litigation
+++++++++++++++++++++++++++++++++++++++
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Thursday February 25th, 2016
Complaint filed about greater sage grouse
PHAS major campaign announcement

On 2/25/16 Prairie Hills Audubon Society joined 3 other environmental groups (WildEarth Guardians, Western Watershed Projects, Center for Biological Diversity) in filing litigation to protect greater sage grouse. 



More details on the issue and litigation can be found on another PHAS web page
http://phas-wsd.org/Projects.html

UPDATE Fall 2017
The Trump administration plans to change the decision on the sage-grouse plans and is engaging in the NEPA process to do that. 
=============

Deadline - December 1st, 2017
BLM Scoping on Sage Grouse Plan Revisions

Here is a link to WWP alert on this topic, 
it has a sample letter

The BLM had issued a Notice of Intent (NOI) initiating a 45-day public scoping period for RMP amendment(s) with associated NEPA document(s).  The BLM intends to consider the possibility of amending some, all, or none of the BLM land use plans that were amended or revised in 2014 and 2015 regarding Greater Sage-Grouse conservation in the states of California, Colorado, Idaho, Nevada, Oregon, Wyoming, North Dakota, South Dakota, Utah, and Montana ("2015 Sage-Grouse Plans"). 
*UPDATE**  The public scoping period had been extended to December 1, 2017.  
For more info.:

Deadline to comment on similar action by the Forest Service came later in 2018 

=======
 Changed to January 19th,
It was Jan 5th 2018,
Deadline was Extended 2 weeks, Federal Register notice:

FS Deadline to Submit Sage Grouse Comments
 The Trump administrations wants to reduce protections given to the greater sage
grouse during the Obama administration, but has to go through the NEPA process to amend federal land management plans first.
Comments concerning the scope of the analysis on potential amendments to Forest Service (FS) Land and Resource Management Plans on greater sage grouse management, must have been received by January 19, 2018. There will be a second opportunity to comment later once amendments are created by FS.

 Land management plans for National Forests in Idaho, Montana, Nevada, Utah, Colorado and Wyoming were amended in September 2015 to incorporate conservation measures to support the continued existence of the greater sage-grouse. Critics of the Obama era sage grouse conservation effort  have identified issues since 2015. The Forest Service intends to work cooperatively with the Bureau of Land Management (BLM) to address these issues and others to be identified through this scoping process. . In February 2016, PHAS and other environmental groups sued the BLM & the FS over inadequate protections for greater sage-grouse in land management plans, although we did not attempt to stay what Obama Administration did, just get improvements to it.  
Some states and other actors also sued over the plan amendments,  from their diverse perspectives.

We suggest people support of the Obama era protections, or support  greater protections for the greater sage grouse. We suggest people oppose any further weakening of the protections, which are already inadeguate.

Link to Harvard article on

This is the  link to Federal Register's web page, with this explained


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Delayed/suspended Campaigns
===


==========
PROPOSED BEAR LODGE RARE EARTH MINE - ACTIONS SUSPENDED 
BUT MAY START UP AGAIN SOON
(OUT-OF-DATE alert) 




Deadline Past: January 15, 2016

(OUT-OF-DATE alert - 2016)
-  NRC FR Notice on Upton Mill site hearing process
See:  Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices, page 70846

SUMMARYThe U.S. Nuclear Regulatory Commission (NRC) had received an
application from Rare Element Resources, Inc., for a license to possess
and use source material associated with its Bear Lodge Project. The Bear Lodge
Project includes a mine in the Black Hills National Forest in Crook County,
Wyoming for the purpose of extracting rare earth element ores, and a rare earth
element processing plant in Weston County, Wyoming. In addition, the
license application contains sensitive unclassified non-safeguards information (SUNSI).

 Defenders of the Black Hills had requested a hearing. There was a teleconference hearing in 2016, RER asked for process to be put on hold due to lack of funds.  Last we knew this review & licensing process was suspended at request of Company.
for info. on that process;

Federal Rulemaking Web site: Go to http://www.regulations.gov and search
for Docket ID NRC–2015–0255. Address questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;

email: Carol.Gallagher@nrc.gov. 
Also
"Kalman, Kenneth" <Kenneth.kalman@nrc.gov>   301-415-6664
Report of NRC on pre-application visit;
Rare Earth Mine Review Processes Suspended

Proposed Rare Earth Open Pit Mine 
North of Sundance, Wyoming

The Forest Service had completed the
Draft Environmental Impact Statement (DEIS) for the Bear Lodge Project. 

The Company (Rare Element Resources) gave notice it temporarily suspended all further activities on the Bear Lodge Project, which includes all permitting and licensing efforts, including the DEIS process.
There was going to have been a 45-day comment period  beginning January 15th and ending on February 29, 2016
– however the Forest Service has suspended the DEIS process and removed DEIS from web site availability:


Alternative H had been identified as the preferred alternative.
The DEIS was viewed (but is now deleted, except appendices and maps)
on the Black Hills National Forest website at

 ,Check with Forest Service  BHNF - Bear Lodge District for updates - 307–283–1361

Discussion of issue as declared during scoping:

Rare Element Resources proposes to create a 232-acre open pit mine at Bull Hill on Forest Service (FS) land 6 air miles north of Sundance, Wyoming.  Ore will be crushed and concentrated at a facility on FS land.  A Hydromet Plant (chemical processing for crushed & concentrated rare earth mineral ore) is proposed to be at Upton, Wyoming, on private land next to the railroad.  Some existing roads will be closed, some upgraded, and some new roads built.  Mineral exploration will continue for 43 years. 

As the mine will be on FS land, an Environmental Impact Statement must be written.  The Forest Service has released the Draft EIS, you may read it and comment on it. The FS must respond to your questions and comments in writing in the Final EIS. 
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DEQ review is also suspended at request of  Rare Element Resources. 
Wyoming Department of Environmental Quality had been reviewing an mining permit application for mine, that they received June 3rd, 2015.
Other permits with Wyoming DEQ may be applied for by Company 
Contact - BJ Kristiansen, 307-675-5615, for updates, bj.kristiansen (at) wyo.gov

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OLDER POSTS INDEX - see below
2. 2015 items - Deadlines & Events old , this has events, that recycle each year (will occur again next year)
3. 2014 & 2015  items - Recently expired comment periods with link to public documents


Even Older - Below items are from the 2014 SD legislative session 
#2. - #4 various out of date & obsolete legislative 2014 alerts
(in Feb Blog Archives )
5. Links to Environmental Bill Tracking Services on the Internet (SD 2014 Legislature)
(In January  Blog Archives)
6. How to Contact SD Legislature 2014
(In January Blog Archives)
7. SD Legislative Cracker Barrels and Legislative Coffees 2014,

 (In January  Blog Archives )
8. Grey Wolf Delisting Comment Opportunity 
9. Christmas Bird Count List 2013-14
10 Mt Lion, SDGFP Commission meet
11 BlackBacked Wood Pecker Meeting
12, Missouri River Ponca Bluffs  Meeting
13. BLM Management Plan Revision
Etc