Sunday, February 22, 2015

Item # 2, Events/Deadlines


INDEX TO THIS SECTION
1. Events & Deadlines & Alerts in December  2017 & forward into 2018

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 events in future weeks of October, November etc.
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Issues we follow 
Alert Topics 

5) . then it goes an alerts:
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A) Mineral Mountain Resources Exploration project
B) Mountain Lion Plan Revision Alert 
C) Alert on Resilient Landscape DEIS (Forest Service)
D) Non-meandered waters Alert
E) announcement of Petitions to list or de-list under ESA and 
F)  S3254/SB 114 (Land Trade Little Spearfish Canyon & Bismark Lake) & 
G).  SD Important Bird Areas
H)  Missouri River Recovery
I) SD legislative alerts as of March 10th  (mostly deleted)
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
L) 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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FALL SCHEDULE 
For the Fall 2017 we plan evening meetings at Outdoor Campus West (OCW), Rapid City, on the 4th or 5th Thursdays. Our Sept and Oct. meetings will start at 6:15 pm with 15 minutes of meet and greet before the speaker/discussion at 6:30 pm

 September 28th - meeting topic will be a review of PHAS active/moving campaigns - including mountain lions and access to SD non-meandered waters, but other campaigns will be discussed - such as Pennington County's Comprehensive Plan and mining ordinances,  WOTUS. - Members may bring suggestions­ for campaigns.

October 26th  - Eileen Dowd-Stukel, Senior Wildlife Biologist for wildlife diversity for SDGFP will talk (via interactive Skype) about the State's Endangered Species Program with special focus on draft status review process for state listed species.  A public comment period will be open on the status reviews in Oct. and Nov.

We will meet the 5th Thursday in November 11/30/17 - (avoiding Thanksgiving on 4th Thurs.), OCW, Rapid City, Meet and greet 6:15 pm , Lecture start at 6:30 pm
Topic will be a "Celebrate Nature through Art"  and also Erik Molvar talking on Interior Department's plans to revise amendments on greater Sage Grouse management . In art celebration half  of meeting- members/friends can bring and share their art work. Erik will speak first. We will start the photo/art section showing some of Erik's photos. Please bring your artwork to share. We hope to focus on art depicting nature in our region.
Folks can bring in digital or print versions. 

Dec 14th, 2017 - January 5th, 2018
This is the Christmas Bird Count season and there are 11 counts in western SD.

We will meet the 4th Thursday in December . (12/28/17)  Holiday potluck and social meeting . At OCW
We begin at 6:15 pm with 15 minutes of meet and greet before we start to eat  at 6:30 pm. If attendees are interested
we can talk about PHAS business or conservation campaigns or the upcoming legislature (or not).

Hosting - Cracker Barrels - 
We normally skip week night meetings during January and February but instead co-host 2 cracker barrels.  We may have informal weekend meetings to discuss the legislature while it is in session.

We always co-host a cracker barrel in Piedmont on afternoon of the second Saturday in February, 2/10/18, - this is at the Piedmont Valley Legion Post usually at 2:00-4:30 pm, but please verify times as we get closer to the date, as we may start a half hour earlier.
 Legislators from District's 29 and 33 are invited.

 We will again co-host one at Outdoor Campus West, Rapid City, on afternoon of the third Saturday in February, 2/17/18 this will be partly a "Natural Resources" Cracker barrel - where  natural resource related questions have priority.... all legislators representing part of Pennington County are normally invited. Time of day 1 pm-3:30 pm

We have PHAS lunch meetings some months  - 
they may occur in the second half of the month, often on a Friday - at Hana's Restaurant, 
(Asian food), on 3550 Sturgis Rd, Rapid City. 
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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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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)
Next meeting is Dec 6th.
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.
- 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,
Oct 10th in Hot Springs at Woolly's Restaurant
for info: Gena Parkhurst <gmp66 (at) hotmail.com> 
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The Black Hills Photography Club 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 are skipped in the summer.
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 <sandralss (at) earthlink.net>, 605-342-4335, or

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SPECIFIC EVENTS LIST WEEK OF  November and forward

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FUTURE ANNUAL EVENTS IN WINTER

December 10th & ONWARD
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December 14th-15th, 
SDGFP Commission meeting
RedRossa Convention Center
Pierre, SD
http://gfp.sd.gov/agency/commission/default.aspx

Among the list of topics the Commission will be hearing this month are:

The finalization of bait dealer application requirements
Propsals for duck, goose, early goose, swan, sandhill crane, snipe, spring light goose, special goose, August management take and youth waterfowl hunting seasons
Bighorn sheep hunting license allocation
Enhanced preference point system for license drawings.

Changes to rules for bait dealers are proposed
.The commenting deadline is -  3 days in advance of hearing day - comments sent  to  wildinfo@state.sd.us 
or 
Commissioners e-mails:
 Cathy.Peterson@state.sd.us, Barry.Jensen@state.sd.us, MaryAnne.Boyd@state.sd.us, Paul.Dennert@state.sd.us, Gary.Jensen@state.sd.us, Russell.Olson@state.sd.us, Doug.Sharp@state.sd.us, WScott.Phillips@state.sd.us,
Meet and greet 6:15 pm , Lecture start at 6:30 pm

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December 14th- January 5th

Audubon's 118th Christmas Bird Count will be conducted this coming season, with all counts held between the dates of Thursday, December 14, 2017 through Friday, January 5, 2018.

  Each Christmas season tens of thousands of volunteers will count and record each individual bird and bird species they encounter during one calendar day, within a 15-mile diameter circle. This year, the Audubon Christmas Bird Count will mobilize over 72,000 volunteer bird counters in more than 2,500 locations across the Western Hemisphere.  The censuses provide valuable data about the number of bird species and numbers of each species occurring within set geographic areas on an early winter day. The results are compiled into the longest running database in ornithology, representing over a century of unbroken data on trends of early-winter bird populations across the Americas.  The Audubon Christmas Bird Count utilizes the power of volunteers to track the health of bird populations at a scale that scientists could never accomplish alone. 

To date over 300 peer-reviewed articles have resulted from analysis done with Christmas Bird Count data. Bird-related citizen science efforts are also critical to understanding how birds are responding to a changing climate. This documentation is what enabled Audubon scientists to discover that 314 species of North American birds are threatened by global warming as reported in Audubon’s groundbreaking Birds and Climate Change Study.


 The tradition of counting birds combined with modern technology and mapping is enabling researchers to make discoveries that were not possible in earlier decades. 

 Birders of all ages are welcome to contribute to this fun, nationwide citizen science project, which provides ornithologists with a crucial snapshot of our native bird populations during the winter months.  The volunteers break up into small parties and will follow assigned routes, which change little from year to year, counting every bird they see. If you are a beginning birder, on most counts you will be able to join a group that includes at least one experienced birdwatcher.  Feeder watchers and backyard watchers are needed too.
Audubon's web page on CBCs.

What to bring?
Participants should bring lunch, drinking water, warm clothing and footwear.  Binoculars, field guides and spotting scopes are suggested, for those who have them.  The five-dollar fee has been dropped to encourage more participation and the annual published report, (American Birds) previously available in paper has been made digital. http://birds.audubon.org/american-birds-annual-summary-christmas-bird-count

Links to CBC web pages:

South Dakota:
SDOU events calendar has some info on some CBCs
Nebraska:
North Dakota:
Wyoming:
MINNESOTA

There will likely be at least 11 Christmas Bird Counts in West River of SD and the Black Hills of Wyoming, 9 of which will likely be official counts that contribute data to the National Audubon Society's  (NAS) database.

PINE RIDGE RESERVATION, SD,  Friday, December 15, 2017,
The Pine Ridge CBC will be Friday, December 15. We will meet at 7am in the parking lot of Our Lady of the Sioux Catholic Church in Oglala. (Note the change from previous years' meeting location.) 
Contact: petermhill(at) yahoo.com, 605-441-9346. 

 STURGIS, SD -  Saturday, December 16th, 2017,
Birders will meet at Sturgis McDonalds at 7:30 AM for territory assignments. There will be a post count, compilation potluck at 12067 Crook City Rd., Whitewood 
Contact:  Vic Fondy - (605) 269-2553, rotciv31 (at) gmail.com

PIERRE/FT. PIERRE, SD ,
Saturday, December 16th, 2017,
 Pre-count registration will be Thursday, December 14, at First United Methodist Church Media Center Room (117 N. Central) at 7:30 P.M. Count results will be turned in at Perkins restaurant in Fort Pierre between 5:30 P.M. and 6:30 P.M. 
. Contact: Ruben D. Mares_(605) 224-5517, rmares(at) fs.fed.us

WIND CAVE NATIONAL PARK, SD, Sunday Dec 17th, 2017,
 Meet at the Wind Cave  Park Visitor Center at  7:45 am and also at the end of the day (~ 4:15pm). Birders meet in the Visitor Center for a pot luck, to warm up, chow down and to compile the bird lists from the days’ activities.  
Contact: Barbara Muenchau (745-1150), Barbara_Muenchau (at) nps.gov, or Dan Roddy, (605) 745-1157, dan_roddy(at) nps.gov,

RAPID CITY, SD  - Sunday Dec 17th, 2017
Contact: Gene Hess: gene(at) neopaleo.net, leave a message at 605-791-0630.

PIEDMONT, SD - Tuesday 19th, 2017
 Contact: Gene Hess:  gene(at) neopaleo.net, leave a message at 605-791-0630.

SHADEHILL, SD Tuesday, Dec., 19th, 2017
All participants should plan to meet at the Summerville Store at Shadehill, SD, 11 miles south of Lemmon, SD, at 7:30 a.m. (Mountain Standard Time). The bad weather alternate for the count is Wednesday,
December 20, 2017.
 Contact: Meghan Dinkins, meghanfdinkins(at) fs.fed.us, Meghan's cell: 760-505-1971

HOT SPRINGS, Saturday Dec. 23rd, 2017,
 Saturday Dec. 23rd, Meet at 7:00 at "Daily Bread Bakery" in Hot Springs SD for route assignments
Count off at "Pizza Hut" in Hot Springs 5:00ish
Contact: Duane Weber - (605) 673-2032, duane_weber(at) nps.gov, mmcurtin(at) gwtc.net

BADLANDS NATIONAL PARK, SD, Thursday Dec. 28, 2017
Meet at the national park's Ben Reifel Visitor Center at 7:30 AM for route assignments.
Contact: Nancy Drilling, drillingn(at) yahoo.com,  dril0008 (at) gmail.com

SPEARFISH, SD, December 28th, 2017,
 Meet at McDonalds at 7:30 for territory assignment.
Contact: Daniel Bjerke, 605-381-0493, dlbjerke (at) midco.net

SUNDANCE, WY, December 30th, 2017
Contact: Jennifer Adams at (307) 290-0457, ravenssong18 (at) gmail.com

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Eastern SD

OTHER SD CHRISTMAS BIRD COUNTS

Madison,  (Dec.15th, 2017)), Contact: Jeffrey S. Palmer, jeff.palme@dsu.edu, (605) 256-5190

Sioux Falls, (Dec.16th, 2017), Contact: Chris Anderson, canderson1 (at) sio.midco.net,, 605-254-2550

Aberdeen (Dec.16th, 2017), Contact: Gary T Olson  - olsonfam (at) nvc.net ,605-885-6284

Yankton, (Dec. 17th 2017), Contact Roger Dietrich - rogerd (at) iw.net, 1947rogerd (at) gmail.com, (605) 660-6247,

Waubay N.W.R., (Dec. 19th, 2017),  Contact: Laura Hubers,  Laura_Hubers (at) fws.gov, lauraluh46 (at) hotmail.com, (605) 947-4521 Ext. 116,

Brookings, (Dec. 23rd, 2017),  Contact: Nelda Holden, neldaholden (at) hotmail.com, (605) 692-8278, (date changed)

Mitchell, (Dec. 26th, 2017), Contact: Jeff Hansen, jeff.hansen.sd (at) gmail.com, 785-806-6917

Canton, (Dec. 30th, 2017), Contact: Chris Anderson, canderson1 (at) sio.midco.net, 605-254-2550

Sand Lake N.W.R., (January 3rd, 2018), Contact: Jay Petersen, jay_peterson (at) fws.gov, SLNWR - (605) 885-6262 

Lake Andes, (January 4th, 2018), Contact:  Mick Hanan, mick_hanan (at) fws.gov, (605) 487-7603 Ext. 107,
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SOME OTHER CBC DATES, NEAR SD BUT IN NEARBY STATES:
Christmas bird counts that are near enough that SD folks, especially those of us in western SD, may be interested in:

NEBRASKA
Ponca State Park, NE (Dec. 14th, 2017), Bill  Huser, BHuser (at) suebeehoney.com,  712-574-3107 
Harrison NE, (Dec. 27th, 2017), Kathy DeLara,  renosmom (at) charter.net, Bruce Walgren, piranga (at) bresnan.net
 Crawford NE & (Dec. 28th, 2017 ), Kathy DeLara,  renosmom (at) charter.net, Bruce Walgren, piranga (at) bresnan.net
Scottsbluff, NE, (Dec. 29th, 2017),  Alice Kenitz, 308-436-2959, akenitz (at) prairieweb.com,
Lake McConaughy, NE (Dec. 30th, 2017) Stephen Dinsmore, cootjr (at) iastate.edu, 515-294-1348

NORTH DAKOTA
Medora, ND, Theodore Roosevelt N.P. (South Unit) (Dec.16th, 2017)), Kevin A. Melzo, kevin_melzo (at) nps.gov, (701) 623-4730, ext. 1417 
Tewaukon N.W.R., (Dec. 22nd, 2017), Kristine Askerooth, kristine_askerooth (at) fws.gov
Bismarck-Mandan (Dec. 31st, 2017), Corey Ellingson, crackerjackbirder (at) bis.midco.net


WYOMING
Casper, WY, (Dec. 16th, 2017),  Contact: Chris Michelson, 307-234-8726, michelsonce (at) aol.com,
Kane, WY, (Dec. 16th, 2017),  Contact: Neil or Jennifer Miller, 307-568-9346, njmiller (at) tctwest.net
Sheridan, WY, (Dec. 16th, 2017), Contact: Liz Howell, Lizhowell345 (at) gmail.com,
Guernsey/Ft. Laramie, WY, (Dec. 17th, 2017) Contact: Jane Dorn, 307-640-4002, linglebird (at) yahoo.com
Buffalo, WY, (Dec. 17th, 2017),  Contact:  Deane Bjerke, dbjerke (at) bresnan.net, 307-684-2798,  307-620-5772
Gillette, WY, (Dec. 21st, 2017), Contact: Dustin Downey, 504-453-4124, ddowney (at) audubon.org,
Sundance, WY, (Dec 30th, 2017), Contact: Jen  at 307-283-2467, ravenssong18 (at) gmail.com
Story-Bighorn, WY, (Dec. 30th, 2017), Contact: Ariel Downing:  at 307-751-2303, bandgeek832 (at) gmail.com,
Bates Hole,WY, (?), Contact: Charles Scott,charlesscott (at) wyoming.com

IOWA
Sioux City, IA,  (Dec. 16th, 2017),  Jerry Probst, probstsuebee (at) aol.com, 712-490-8256,
Westfield, IA,  (Dec. 21st, 2017), Daniel Smith, dan.smith446 (at) gmail.com, Dottie Zales  712-540-0952  zales66 (at) hotmail.com 

MINNESOTA
Hendricks, (MN)  (?), William A. Schultze, bcbrats (at) itctel.com
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Monday Afternoon ..December 18th
Monday December 18th at 2 pm
CORRECTED TIME OF DAY (The meeting is not in the morning)
Date that the Pennington County's proposed revision of it's mine permitting ordinance 
will be up before the Planning Commission.  There is a moratorium on issuing new mining permits while this revision is being done, that will expire in April 2018. The draft ordinance revision would just apply to sand and gravel type mines, as currently written.
Current Permit  Moratorium
http://www.pennco.org/index.asp?SEC=76E4AB7D-E173-4CA9-805F-013D798F85B7&Type=B_BASIC
Current Zoning Ordinance - see one paragraph on page 193
http://docs.pennco.org/docs/PZ/ZoneOrdinance.pdf


Contact - Hennies Holli <hollih (at) pennco.org> 605-394-2171 for draft ordinance.
or download PDF:

Alternatively -  ‘Current Packet’ is where someone will need to look for the materials to be considered on the 18th which will include the final draft. It will be uploaded sometime the afternoon of the 14th.  http://www.pennco.org/index.asp?SEC=60696641-0BB3-4A3C-9E0A-D6EF965210E3&Type=B_BASIC
Written comments should be submitted to Jeri Ervin, Planning Administrative Assistant at jerie@pennco.org.  There is always an opportunity for public comment during the meetings as well.

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 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 for the state of SD.
SD  Mining Rules are at SDCL 45-6 and 45-6B, ARSD 74:29
Hard Rock mine
Sand and Gravel Mines

Under state law, there is no opportunity for public comment or contested case hearing on the state level,  in the licensing of a sand and gravel mine. This county ordinance  would allow folks in Pennington County to attend a hearing and comment on mine applications at the County level and to appeal the decision. It expands the ordinance from one paragraph to about 17 pages of text.
One issue associated with this draft - is having an adequate notice & appeal process to County's
decisions to permit mines - too short a time is given for public notice (10 days) & too short a time  (5 days) is allowed by the draft ordinance to appeal the Planning Commission's decisions.  This means public will have 15 days to discover a mine is proposed, study the plans & spread the word.  If appealed, the full Pennington Commission would review the application. Too small a setback is required from dwellings (300 feet). Another concern is that the current 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 only applies to sand and gravel mines.   So what is the future plan for an ordinance reform for the County's hard rock/mineral mine permitting, if any? We may be facing a large mine at Rochford that is partly in the Forest Service and the County's jurisdiction.
Planning Commission's web page 
Public Notice link
Nancy Hilding (PHAS), Sandra Serberger  (Sierra Club), Lilias Jarding (CWA) and Gena Parkhurst  (DRA) have been following this ordinance review.  Nancy Hilding at 605-787-6779 has a copy of the final draft, that she can send you.
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January 9th 2018
SD Legislative Session Begins


During Session, Prairie Hills Audubon Society (PHAS) will report on dates/location of statewide Cracker Barrels
 -- please watch the web site.

PHAS will be co-sponsoring Cracker Barrels for Legislative District 29 and 33 in Piedmont on the afternoon of Saturday, February 10th ----
at the Piedmont Valley American Legion Post. This is before the Legion's monthly steak night.
 Co-sponsors include PHAS, DRA,  & Piedmont American Legion Post
The Post is located at 101 Pine Street and is at the intersection of Pine and Sturgis Road (North First St). 

 "Natural Resources Cracker Barrel" will be  in Rapid City, at Outdoor Campus West on the afternoon of Saturday, February 17th,  1 pm to 3:30 pm.  This will be for all legislators that represent part of Pennington County. The priority for questions will be "natural resources" issues interpreted very broadly.  Sponsor groups include PHAS, Dakota Rural Action, Rapid City Chapter of the Izaak Walton League,
 Black Hills Group of Sierra Club,  Clean Water Alliance,  & SD Chapter of Citizen's Climate Lobby 
----
The Rapid City Chamber's Cracker barrels are  to be
Jan 27 at SD School of Mines and Technology (SDSMT) ,  Feb 10 at  Western Dakota Tech (WDT),  Feb 24 at SDSMT,  Mar 3 at WDT
These are  at 9-11 am,

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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

It is probable that mineral exploration will start 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,
Contact Forest Service Gary Haag - 605- 673-9314,ghaag (at) fs.fed.us


CUSTER  NATIONAL FOREST

The Custer /Gallantin National Forest is in the process of revising their Forest Plan, using the 2012 forest planning rule. A pre-scoping document called a "plan" is expected out in December 2017 or January 2018.


They have been having public input meetings & collaborative workshops in  2016-2017

Notes on the Camp Cook public meeting is hear



An inventory of wilderness eligible and wild and scenic river eligible lands has been released for comment this summer.
Links to this data:

But all of this is not as part of a NEPA doc yet...the wilderness data will be in the appendix of the DEIS when they do the DEIS.
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Help Protect Western Water from Uranium Mining!

Send the EPA a letter via on-line link
https://act.nrdc.org/letter/protect-western-groundwater-170916?akid=s18644..EbWk3Q

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

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) Mountain Lion Plan Revision Alert 
C) Alert on Resilient Landscape DEIS (Forest Service)
D) Non-meandered waters Alert
E) announcement of Petitions to list or de-list under ESA and 
F)  S3254/SB 114 (Land Trade Little Spearfish Canyon & Bismark Lake) & 
G).  SD Important Bird Areas
H)  Missouri River Recovery
I) SD legislative alerts as of March 10th  (mostly deleted)
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
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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 underway - Forest Service (FS) seeks 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
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Wednesday, November 15th, 2017
GFP Seeking Comments on Current Mountain Lion Management Plan
PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) is seeking comments on the 2010-2015 mountain lion management plan prior to drafting the next management plan.
All individuals interested in mountain lion management in South Dakota have through November 15, 2017, to provide suggestions and comments on the plan in its current form. 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.
 Written comments on the plan can be sent to 523 E. Capitol Ave., Pierre, S.D. 57501, or emailed to
 LionPlan@state.sd.us.
Comments must be received by November 15, 2017, and include your full name and city of residence. To request a printed copy of the plan, please call 605.773.3387.
===
PHAS TALKING POINTS

  We suggest people
1)  Object to the current Plan as allowing overly aggressive hunting of cougars
 both in the Black Hills and in the Prairie.  Support management of the Black Hills as a "source" population to help recolonize eastern areas with cougars.The Hills are the principal source of dispersing cougars that are being documented in the Midwest, one getting as far as Connecticut.  Cougars should be allowed to recolonize the Midwest and East to restore ecological balance and to undo the moral wrong when misinformed settlers extirpated them.
Request that cougar population objectives be set so as to allow for some dispersal of cougars out of the Black Hills;

2) Ask GFP to  support protection of small breeding populations or breeding or resident individuals in suitable habitat on the SD prairie.  SDGFP current goal is not to manage for cougars on the prairie, just to manage for cougars on the Black Hills. SDGFP current Management Plan believes that there is not [politically] suitable habitat on the prairie. We believe there is suitable habitat; that there are small breeding populations on the prairie and some populations exist across tribal/non-tribal jurisdictions.   There is evidence of a few kittens and thus breeding is occurring on the prairie in SD and we believe SDGFP needs a new plan for management of cougars on the prairie.

3) Request that SDGFP consult with tribes on the management of cougars and cougar's prey in areas where Tribal and non-tribal jurisdictions are nearby each other. Tribal wildlife agencies may have a duty (like SDGFP) to conserve the Tribe's wildlife species, but they may just have a few lions. 

4) Object to killing cougars to maximize prey species for human hunters to subsequently kill...SD hunters need to do a better job of sharing "prey" with other non-human predators.  SDGFP should dispel, via transparency of their data, any untrue beliefs of hunters about effect of lions on prey.

 5)  Ask that all yearly data on population estimates to be very transparent and to be available to the public, further in advance, than a powerpoint presentation at the Commission meeting a month before season's finalization hearing. This presentation is held outside the Black Hills, often on the east side of the state.  PHAS sometimes question GFP estimates of the population numbers in the Black Hills; we sometimes fear they are over estimating the populations and this overestimate justifies a too high "harvest" limit.   We are concerned about very large confidence interval ranges and conflicting conclusions that could be drawn between comparing different sets of data.  We ask that "harvest" limits be less aggressive to compensate for uncertainty.

6) Object to hound hunting in Custer State Park or on the SD prairie. We believe this is a cruel practice for both lions & hounds. It is not "fair chase". It gives advantage to hound hunters over "boot hunters" as hound hunts are more productive, but not all hunters can afford hounds or to hire guides. On the prairie where we have small populations recovering; hound hunting is more effective at destroying recovery.

6.  Guidelines for managing “conflict lions” should be changed to reduce the likelihood of killing a cougar whose only crime is temporarily hiding near a settled area.

8) Request that SD be divided into more cougar districts rather than just 3 Districts-- the Black  Hills Fire Protection District, Custer State Park and the prairie unit.  More units, especially in the prairie, would permit different management objectives in different areas of the prairie. For example a sanctuary area in the Black Hills could be set aside with no hunting. If tribes want to protect lions in their tribal jurisdiction, upon consultation with the tribes, GFP could modify objectives in  areas where small lion populations occur in both tribal and non-tribal areas.

9) Increase the fee - a lion hunting license costs $28.00

10) Do not allow out-of-state hunters to hunt lions.

11)  SDGFP needs to give balance and respect to both hunters and non-hunter concerns. Not all South Dakotans are hunters - some are passive wildlife enthusiasts, who don't want lions killed.  

12) SDGFP should provide information on how to co-exist with cougars both on web sites and at office locations.
Information on domestic animal depredations by lions on both the prairie and the Black Hills
 should be available for public review.

 The Mountain Lion Foundation has a letter questioning the SD 2017 population estimates, that I can send on request.  Contact Nancy (nhilshat (at) rapidnet.com) for past and interim alerts on these issues. 

==

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 are some sample slides.


Cougar population in the SD side of the Black Hills











DENISE'S MAPS:

Denise has mapped data from the SD GFP Mortality data spreadsheets.  We have copies of GFP's mortality spreadsheet if you want a copy of it.  Some maps have layers or it you click on a lion point a drop down menu with info about the lion appears.  Denise Peterson's maps show 21 years of SD Documented Cougar Mortality. Denise Peterson <dpetersonphoto@outlook.com>

4 MAP LINKS - 21 YEARS OF SD COUGAR MORTALITY DATA
~ Map has 3 tabs for kittens, cause, and sex:  http://arcg.is/1jyKCj (Cannot add or remove layers)*
~Map has causes of mortality:  http://arcg.is/1SWP1L (Can add/ remove layers)**
~Map has sex:  http://arcg.is/01jqz5 (Can add/ remove layers)
~Map has kittens:  http://arcg.is/2hyY6sz (Cannot add or remove layers)*

* Please note that Denise is using GFP designation of kittens on the GFP mortality spreadsheets,. SD GFP classifies (on their mortality spreadsheet) all cougars under 1 year old as kittens.  This cut off point between kitten and sub-adult is not consistent with research nationwide or research in SD. Dan Thompson's research indicates kittens leave mom between 10 - 16 months in the Black Hills: From page 33 of Dan's 2009 PhD dissertation at SDSU:
"Independence of cougars from females averaged 13.5 months (range = 10 - 16 months) from parturition; dispersal occurred 1-3 months post independence."
This quote is from his dissertation titled:
"Population Demographics of Cougars in the Black Hills: Survival, Dispersal, Morphometry, Genetic Structure, and Associated Interactions with Density Dependence"

** Please note Denise has combined SD GFP designation (on  the GFP Mortality spreadsheet) of Public Removal and GFP Removal under the cause of Public Removal

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BLACK HILLS RESILIENT LANDSCAPES Project
October 30th Comment Deadline

After the comment deadline we suggest folks send in short letter expressing concern and asking to be added to the project mailing list.
Draft Environmental Impact Statement for the BLACK HILLS RESILIENT LANDSCAPES Projectr
is available for Public Comment
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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ALERT ON PUBLIC ACCESS 
TO NON-MEANDERED WATERS

Marsh Wren. - painting by JJ Audubon

PAST EVENTS

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RECENT 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 will need to do 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  plan 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.

The summer study approved the above version of the bill on June 2nd to be sent as a suggested bill to the
full legislature.

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).
Now the legislature will act - June 12th
PHAS opposes the proposed bill...

Here is a web link to the South Dakota Wildlife Federations (SDWF) petition on this matter - we suggest folks sign it.
This is a very simple thing to do.
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 bill/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:

"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 have had 4 meetings of the Committee thus far - 
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 have an emergency clause on the bill, so it needs 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."
+++++++++++++++++++++++++++++++++
========================================================================================

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

BIRDS (EX-CANDIDATE SPECIES - REJECTED)
========
Spragues pipit 
WildEarth Guardians - petition for pipit was recently denied - found not warranted to list, Spring 2016

Greater Sage Grouse - removed from the candidate list in September 2015
Black Backed WoodPecker, DPS
Chad Hanson , BCA, CBD
(deadline - USFWS decision in Sept 2017 - it was denied) 

Sept 30th was the Deadline for  the USFWS to decide if the Black Hills population of black-backed woodpecker should be listed under the Endangered Species Act as a distinct population segment.  
 The Trump Administration denied ESA listing petitions for about two dozen species, including the Black-backed Woodpecker (see link below).  

https://s3.amazonaws.com/public-inspection.federalregister.gov/2017-21352.pdf

USFWS Says:
"After a thorough  review  of the  best available  scientific  and  commercial  information,  we [USFWS] find  that  listing 14 Nevada springsnail  species, Barbour’s  map turtle,  Bicknell’s  thrush, Big  Blue  Springs cave crayfish, the Oregon  Cascades-California  population  and  Black  Hills  population  of the  black-backed woodpecker,  the eastern population of the  boreal  toad, the Northern  Rocky Mountains population of the  fisher,  Florida Keys mole  skink, Great Sand Dunes  tiger beetle, Kirtland’s  snake, Pacific walrus,and San Felipe  gambusia is not warranted  at this time. "
STATUS PENDING

PETITION TO DE-LIST

Scroll down further  for more  info on the petition to delist the American Burying Beetle, look for photo of the beetle 
Petition to de-list:

USFWS 90 Day Finding:


PETITIONS TO LIST
BIRDS  
===============
The Golden Winged Warbler, 
Anna Sewell

MAMMALS
==================

The Plains Spotted Skunk

BUMBLE BEES 
==============

western bumble bee petition
Defenders of Wildlife
Defenders of Wildlife
BUTTERFliES
======================
petition to list Monarch butterfly
Center for Biological Diversity, Xerces Society, Center for Food Safety

petition to list regal fritillary butterfly
Wildearth Guardians
Status of review

FISH  
============== 
 Petition to list Sturgeon & Sicklefin Chub, Wildearth Guardians,

 petition link:

REPTILES/AMPHIBIANS 
===========================

Reptiles/Amphibians (lots-53 species)

One species within 53 species,  includes - Blanding turtle is in SD 

Center for Biological Diversity

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

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

SB 114 bill currently in the SD Legislature to fund SD GFP efforts to acquire this land.

Federal bills that died at the end of 2016 and would need to be resubmitted in 2017
S. 3254 Spearfish Canyon and Bismark Lake Land Exchange Act (obsolete)
H.R.5871 - Spearfish Canyon and Bismarck Lake Land Exchange Act (obsolete)

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.
Link to an ad hoc group against  Little Spearfish/Bismark Lake land trade 

(S. 3254 by Senator Thune & HR 5871 by Noem). 
-----------

SB 114 was a bill in the SD Legislature on this issue.  It did not pass.
It would have make an appropriation to GFP to provide for the purchase and land exchange of properties held by the Office of School and Public Lands and declare an emergency  - This bill was assigned to Joint Appropriations Committee. The bill was killed in Committee.

It was heard in Joint Appropriations February 15th  & was killed in Committee. If you go to this link...and you see a blue eagle in a column..you can listen to hearing,  if you have downloaded "RealPlayer" software (free)

An excerpt from the proposed bill SB 114:
"There is hereby  appropriated from the general fund the sum of two million five hundred thousand dollars ($2,500,000), or so much thereof as may be necessary, to the parks and recreation fund to allow the Department of Game, Fish and Parks to purchase properties owned  by  the  Office  of  School  and  Public  Lands that  will  become  part  of  a  land  exchange agreement with the United States Forest Service to establish a state park at Spearfish Canyon in  Lawrence  County,  which  includes  Bismarck Lake,  to  be  managed  and  maintained  in perpetuity for the benefit of the public. "

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

FEDERAL GOP NATIONWIDE INTENT to TRANSFER FEDERAL LANDS TO STATES
This bill is but the local example of a nationwide effort by GOP to transfer federal lands to states.
Please look at GOP platform for 2016  on page 21
Quote from GOP Platform:
"Federal ownership or management of land also places an economic burden on counties and local communities in terms of lost revenue to pay for things such as schools, police, and emergency services. .....Congress shall immediately pass universal legislation providing for a timely and orderly mechanism requiring the federal government to convey certain federally controlled public lands to states."

Recent legislation in DC to make giving away public lands easier:

On January 3—the very first day the new Congress was in session—the House of Representatives voted to change a long-standing rule on how public lands are valued.

Below is a link to the SD GF&Parks website with information on the proposed exchange.

 On this web page you can download maps of the proposed land trade area.

Advisory Committee Application, due Jan. 18th, 2017 (Although effort not yet approved by SD Legislature or Federal Congress)
See S. 3254: Spearfish Canyon and Bismarck Lake Land Exchange Act
A proposed act - submitted by Senators Thune and Rounds in 2016 - the 2016 bill died as not passed in last congress and will need to be reintroduced in 2017 if Thune/Rounds so wish:


Track in DC:  S. 3254:
Track in DC:  H.R.5871

Archived webcast of the Committee on Energy and Natural Resources hearing in which this bill was considered (one 21 bills discussed)  is available here:

Changes proposed by SD GFP if federal congress orders FS to trade property.

The Forest Service land would be traded at below market values to the state 
- as the appraised value of land would be limited by S 3254 to only it's agricultural value
& will not consider commercial, residential or industrial values. 
Please compare SD agriculture values with what GFP paid for it's recent purchases in Spearfish Canyon.
What cost to purchase land at Spearfish,Spearfish Canyon- Savoy on behalf of GFP?





Map of SD Game, Fish & Parks existing land & development at Roughlock Falls area, 


Map of Forest Service Lands that may be traded - Little Spearfish & Spearfish Canyon



Map of Forest Service Lands that may be traded - Bismark Lake





 Map of SD State School Lands that may be traded within Buffalo Gap National Grasslands.

The trade may involve some State School lands near Ft. Pierre National Grasslands in Lyman County, SD



USDA Forest Service opposes S. 3254: Spearfish Canyon and Bismarck Lake Land Exchange Act.
A link to Forest Service testimony on the proposed bill

Here is Forest Service's Fact Sheet on S. 3254 - your browser may let you enlarge these JPG files:



OTHER REFERENCES
 Rare Animals in Canyon

PHAS petitioned to list the American dipper (2008) and Coopers Rocky Mountain snail (2003) in the Black Hills as Distinct Population Segments (DPS) under the Endangered Species Act  (ESA) & this effort was denied by USFWS. For more information on these ESA petition efforts visit the links below. Impacts to these species from both proposed developments (that would facilitate increased recreation) & the resulting increase in recreation, is a concern of PHAS
in Spearfish & Little Spearfish Canyon.





Spearfish Canyon is designated as a state level Important Bird Area by National Audubon Society 
- view map on this page: 
http://www.audubon.org/important-bird-areas/state/south-dakota
Note:
The National Audubon Society has recently inventoried & designated Important Bird Areas (IBAs) for SD
Link to Maps & data SD IBAs


=====

Here is a study on dipper - likely done 2005-2009 (no date on report)
 - Lovett, K. The American dipper (Cinclus mexicanus) in the Black Hills of South Dakota. 
Report for the South Dakota Department of Game, Fish and Parks. 

Forest Service Management

Forest Service Management Direction (Recreational Emphasis) for Spearfish Canyon Area

Forest Service Management Direction (Recreational Emphasis) for Bismark Lake

Here are links to 4 Forest Service NEPA documents that may help you learn about 
BHNF resources and management at or near Bismark Lake & Little Spearfish and Spearfish Canyon

By-way Lakes Enhancement Project (RE: Bismark)
Vestal FEIS (RE: Bismark) 

West Rim FEIS (RE: Spearfish Canyon)

Links to info about trails and campgrounds.
BHNF campground & trail maps connect to Google maps with aerial view that can be moved about in the area

BHNF Camps & Trails
Little Spearfish Trail & Rimrock trail (BHNF)
Rod & Gun Campground  - (BHNF)
Bismark Lake Campground (BHNF)
Photo of Bob Marshall Cabins (FS cabins at NE side Bismark Lake)

SDGFP Management
Roughlock Falls Nature Area (SDGFP) 

Here is a You-tube video to a private person's videos of Roughlock Falls and nearby area

====
TAKE ACTION - This is likely dead now (August 2017)
We suggest that folks call up or write in opposition to the land trade a


Contact SD Governor Daugaard

Contact Senators Thune & Rounds:

Contact Ryan Brunner, Commissioner of School and Public Lands 
ryan.brunner@state.sd.us

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


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


National Audubon Society recent conservation action in SD.
The National Audubon Society has recently inventoried & designated Important Bird Areas (IBAs) for SD
Link to Maps & data SD IBAs
=============================================================



Comment Period 12/16/2016 - 04/24/2017
Missouri River Recovery Management Plan Out for Review 
A new plan that will affect how the Missouri River is managed for year to come is 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. 
The plan is very complex and with its supporting documents runs over 4,900 pages.





Documents available at http://www.moriverrecovery.org for review during the public comment period from December 16, 2016 to April 24, 2017 include: • Notice of Availability • Draft Environmental Impact Statement and Appendices 
• Draft Science and Adaptive Management Plan  • Supporting Technical Reports Incorporated by Reference 
• Missouri River Effects Analysis Reports • Human Considerations Technical Reports 
• Scoping Summary Report • Hydrology and Hydraulics Technical Reports 


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

Prairie Hills Audubon Society's  (PHAS) 
LEGISLATIVE ALERT -SUMMARY for 2017
Is deleted, but we can send it to you if you wish

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


NATURAL RESOURCE CRACKER BARREL (Past) 




Legislators at the 2/18/17 Cracker Barrel
February 18th in the morning 9 - 11:30 am  Rapid City Legislative Cracker Barrel 
(Rapid City- Outdoor Campus West [OCW])  
Five conservation groups co-sponsored this cracker barrel:
PHAS, DRA, Black Hills Sportsmen,  RCC- Izaak Walton League,&  BHG-Sierra Club 

For an article on this cracker barrel in Native Sun News:


photo copyright Jake DeGroot
Creative Commons Attribution-ShareAlike License
  1. PHAS's SD 2017 LEGISLATURE ALERT/SUMMARY
  2. Is deleted, but can be sent on request

========
Announce litigation
+++++++++++++++++++++++++++++++++++++++
===========================================================================

=======================================================================
UPDATE Fall 2017
The Trump administration plans to change the decision on the sage-grouse plans and will engage in a NEPA process to do that. 
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. 
The  lawsuit is about more than a dozen greater sage-grouse plans produced by federal agencies, plans that fail to adequately protect this iconic western bird from a series of threats, including fossil fuel development, grazing and mining. The plans cover about 70 million acres of public lands in 10 states, administered by the Bureau of Land Management and the U.S. Forest Service. The suit doesn’t seek to eliminate the plans but to strengthen them with science-based protections recommended by the government’s own scientists.
To understand more details follow link to the press release below.
The case is Western Watersheds Project et al. v. Schneider et al., case number 1:16-cv-00083-EJL,

 in the U.S. District Court for the District of Idaho.


USFWS photo

Press Release 2/25/16:

News Articles:

Link to Complaint. 

Link to Litigant's Protests of Agencies' Decisions (earlier step) :

Link to WWP et al. protests (an earlier step)

Link to WEG et al. protests (an earlier step)

Other References for NGOs

Link to Defenders of Wildlife's review of Draft Environmental Impact Statements on
BLM's & FS's grouse management plans

Link to "Evaluating Sage Grouse Conservation Efforts", WildEarth Guardians, August 2015

Link to "The Shrinking Geography of Sage Grouse Conservation", WildEarth Guardians, July 2015,

Related BLM & USFWS Federal Reports

Final EISs on BLM & FS Management Planning for Sage Grouse

A Report on National Greater Sage‐Grouse Conservation Measures, Sage-grouse National Technical Team, Dec. 2011 http://www.blm.gov/style/medialib/blm/co/programs/wildlife.Par.73607.File.dat/GrSG%20Tech%20Team%20Report.pdf
Greater Sage-grouse (Centrocercus urophasianus), Conservation Objectives: Final Report, February 2013 

NAS's Opposing View
 National Audubon Society's (NAS) opinion - NAS supports Federal Agencies' Decisions on grouse RMPs.

ZINKI WORKING TO CHANGE BLM/FS SAGE GROUSE AMENDMENTS/REVISIONS 
- SUMMER 17                  

Dept of Interior news release:
NPR
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Deadline - December 1st, 2017
Scoping on Sage Grouse Plan Revisions

Here is a link to WWP alert on this topic, 
it has a sample letter
, or click HERE to go directly to the comment submission form.
Click HERE for a list of upcoming scoping meetings. (None were in SD)



Or go directly to bLM web page - Greater Sage-Grouse Plan Amendments Scoping link - 
 Once you get to the comment page, we suggest put in "all" in the "Chapter Reference"  & "Section Reference"
First
then


The BLM has 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 has been extended to December 1, 2017.  

The public is encouraged to help identify any issues, management questions, or concerns that should be addressed in the plan amendment(s). The BLM would also like to receive input on whether the planning effort should occur through state-by-state amendment processes and decisions. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns. Further, the BLM looks forward to receiving the comments of the Governors of each state, and will strive to accommodate those comments to the extent practicable given prior collaborative efforts.
For more info.:

Deadline to comment on similar action by the Forest Service may come later in 2018 
http://abcnews.go.com/Technology/wireStory/forest-service-weighs-protections-sage-grouse-51332198   
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Delayed/suspended Campaigns
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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). Some of the issues raised in the petition are items that are currently being evaluated through the Service’s species status assessment, including uncertainty surrounding the population trends, distribution, and threats impacting the species. 
         In response to the petition, the Service is publishing a substantial 90-day finding, which is the first step in determining whether or not the American burying beetle should be delisted. A substantial 90-day finding by the Service means that we will take a closer look at the status of the species and the effectiveness of existing conservation efforts through what is known as a 12-month finding. 
         The Service is requesting additional scientific and commercial data on the American burying beetle. We will accept public comments on the 90-day finding until May 16, 2016. Comments may be submitted by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov.In the Search box, enter FWS–R2–ES–2016–0011, which is the docket number for this rulemaking. You may submit a comment by clicking on “Comment Now!”
By hard copy: Submit by U.S. mail or hand-delivery to:  Public Comments Processing, Attn: FWS–R2–ES–2016–0011; U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike; Falls Church, VA 22041–3803.


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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June 3rd (Of  previous year  -2016 - out- of-date alert)
Deadline for sending in comments to Wyoming Game and Fish
on cougar hunting in Wyoming
Wyoming  triennial review/revision of their Wyoming cougar hunting regulations

photo by Bruce Tuten
https://creativecommons.org/licenses/by/2.0/legalcode

Every 3 years, the Wyoming Game and Fish Department 

suggests changes to it's mountain lion hunting regulations, and NOW is that time.  You can send in comments on Wyoming Game and Fish on cougar hunting regulations, or attend a hearing in Pinedale in July.
Below is a link to a way to comment on-line 
Public comment due at 5:00 p.m. Friday, June 3, 2016.
== 
References: 
Existing regulations (see map of areas, second link)

https://wgfd.wyo.gov/Regulations/Regulation-PDFs/REGULATIONS_CH42 
,https://wgfd.wyo.gov/Regulations/Regulation-PDFs/REGULATIONS_CH42_MAP.pdf



             Latest version  (May 9th, 2016) of proposed changes to regulation.

The May version of the proposed rule change supersedes & improves an earlier circa April 4th, 2016  version.   Wyoming Game & Fish reduced "limits' on harvest  in 5 out of the 33 hunting areas between April & May.  We believe the May version replaces the April version which  is out-of-date   
General Link:

Meetings specific to cougars are past, but this shows locations (last meet - May 24th)

Comment to:
Wyoming Game and Fish Department
,  ATTN:  Regulations, 3030 Energy Lane,  Casper WY 82604
There is a way to comment on-line (by 5 pm June 3rd),

All written comments will be presented to the Wyoming G&F Commission for consideration prior to
the July 7-8, 2016 meeting in Pinedale, Wyoming.

Suggested comments below, with background in italics: 

~ We suggest folks object to Wyoming's past and planned future management  goals for cougar population in the Wyoming Black Hills. Their goal is to manage as a "sink". Please request the harvest "limits"be reduced and it be managed as "stable" or "source" populationWe suggest you object to "unlimited harvest" in the area to immediate west of Black Hills (Area 24).

A sink population keeps lion populations lower than the area could support, so lions will likely be drawn into the area to fill vacant habitat.  A source population exports lions. Wyoming does not attempt to count lions in it's areas. When SD counts/estimates lion populations it assumes migration equals immigration, which is a questionable assumption, given the aggressive "sink"management 
on the Wyoming side of the Hills.

4 years ago, in response to local public pressure Wyoming, reshaped harvest areas and increased harvest "limits" in Wyoming Black Hills Area (Areas 1, 30 & 32). The cumulative "limit" in Wyoming Black Hills is 61 lions, hounds are allowed and the season is 7 months long. To the immediate west of the Black Hills is Wyoming's Area 24, in which unlimited harvest is allowed for 9 months, with hound hunting allowed. In 2015-16, hunters in Wyoming failed to meet quota in areas 30 and 32 - so they harvested 54 out of  the cumulative 61 Black Hills lions allowed.  Wyoming allows out-of-state cougar hunters. SD does not. Some Wyoming hunters are upset because out-of-state hunters beat them to a limited supply of cougars.  In the 2011-2012 season Wyoming Black Hills harvest was 41 lions, and in 2012-2013 harvest was 61 in the Black Hills area - the first year of the aggressive sink management and larger harvest. An estimated two fifths of Black Hills/Bear Lodge pine habitat in Wyoming.  

SD's cougar harvest "cap" in Black Hills in 2015-2016 is 60, with a much shorter 3 month hunting season & very little hound hunting allowed.  In 2015-2016 SD hunters harvested 41 out of 60 cougars possible/allowed.  SD's lion population numbers, shorter season & restriction on hound hunting likely limits the harvest - before hunters can approach the "cap".  In 2011-2012 SD hunters harvested 73 lions. In 2012-2013 SD  hunters harvested 61 and in 2013-14 harvested 53 and 2014-2015 they harvested 43.
To the east of the Black Hills in SD (the rest of SD in GFP jurisdiction) is a 365 day season, with no limits & hounds allowed.

~ Thank Wyoming Game & Fish for their plan to switch the word "kittens" to "dependent young" which includes those traveling with mom and/or other kittens -- hunters can't kill dependent young.
~  And also thanks for new provision for checking to see if "harvested" females were lactating.

~ Thank Wyoming for downward movement of harvest levels in some areas:
Wyoming Game & Fish recommends downward movement of harvest ""limits" in 5 out of  the 33 hunting areas for cumulative reduction of 11 fewer lions killed per year. Reductions in  area 2 (in Teton County) , area 3 (in Sublette County) , area 6 (SW of Douglas), areas 12  ( in Sweetwater County), and area 20 (west of Worland). It merged Area 33 into area 11 & redefined boundaries of areas 19, & 20 in NW Wyoming..

Visit Cougar Fund's Facebook page for their alert to see their recommendations for cougar hunting goals in various areas of Wyoming ~ Cougar Fund thanks Wyoming for reductions but request additional reductions in some areas (Areas south of Yellowstone Park - areas 2, 18, 26,  29  & also Black Hills Areas):.

Or visit Panthera Puma Program for their recommendations for cougar hunting goals in other areas of Wyoming - they also recommend additional 
reductions of harvest area 2 & 29.


Or visit Klandagi -Cougar Rewildlng Facebook page for other insights


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PROPOSED BEAR LODGE RARE EARTH MINE - ACTIONS SUSPENDED
(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) has 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).

DATESA request for a hearing or petition for leave to intervene must have been filed by January 15, 2016.
 Defenders of the Black Hills has requested a hearing. There was a teleconference hearing in 2016, RER asked for process to be put on hold due to lack of funds. The Company was supposed to have an April 2017 deadline to restart or withdraw from the process. We don't know what happened in April.
 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) has given notice it temporarily suspends 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

Public open houses hosted by the Forest Service were not  be held.
The 2  open house meetings  were suspended at request of  Rare Element Resources Inc. due to the company's decision to temporarily suspend the project. 




 ,Check with Forest Service  BHNF - Bear Lodge District for updates -Jeanette Timm 307–283–1361
jmtimm (at) fs.fed.us

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. 
===========

Wyoming Department of Environmental Quality has been reviewing an mining permit application for mine, that they received June 3rd, 2015. DEQ must give a first round response from their technical review that was due out Oct 31st. Usually a few rounds of back and forth between agency and applicant occur before application is deemed technically adequate. When permit application deemed complete and ready for approval, public comment period will start, it will be a 60 days for public commentingRER has requested temporary halt on their permit application process so
 DEQ review is also suspended at request of  Rare Element Resources. 
Other permits with Wyoming DEQ may be applied for by Company later.
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