This page that you are on - was the PHAS web site's home page until August 2021,
Scroll down immediately below for an index of how this "blog" is ordered..
Members can belong to only Prairie Hills Audubon Society or they can join both Prairie Hills Audubon Society (PHAS) and the National Audubon Society (NAS)
To join Prairie Hills Audubon Society & the National Audubon Society
on-line - joining both at the same time go to
https://action.audubon.org/donate/chapter-membership
Our chapter code is V02, the 0 is a zero.
Chapter only memberships are also available, for which you must mail checks to
with approval of Board in each instance.
E) Alert on Resilient Landscape DEIS (Forest Service)
PHAS membership meetings are scheduled at the end of the month - in the last week. The day may vary, but check here for
PHAS schedules Zoom discussion & "working" meetings during most months that are not announced on this web page. but announcements are sent to members and friends who have expressed past interest in some of the issues we follow - let us know if you want to be invited to "working' meetings on topics we follow.
This meeting will have as speakers Mary Zimmerman (volunteer from Norbeck Society) and Dave Mertz (retired forester, previously of BHNF).
In mid March the speakers traveled to Washington DC to lobby for a few days on forest related issues. They will be reporting on their trip and discussing the dramatic over-cutting of the BHNF and how to to stop that over-cutting and protect the forest’s biodiversity, scenery, outdoor recreation and other values, besides timber production.
We normally meet on a day in the last week of the month, but have moved the meeting forward a week due to speaker availability. This is a Zoom meeting.
Saturday, October 29, 9:30 – 1:00
Forestry Basics Field Trip – back by popular demand!
Field trip with retired BHNF Natural Resource Staff Officer, Dave Mertz
Prairie Hills Audubon Society is again working jointly with The Norbeck Society and the Sierra Club to sponsor a field trip to learn about Forestry. Terminology and concepts that guide forest management will be illustrated with real life examples on our forest. Think beyond the confines of your own lifetime!
Meet at 9:30 at the gravel parking lot along Hwy 385 immediately south of the admissions gate to Crazy Horse. We will caravan from there and visit approximately 4 or 5 stops.
Bring water and snacks.
Please RSVP to Nancy at phas.wsd@rapidnet.com or 605-787-6466
Prairie Hills Audubon Society July, 2022 meeting
Jointly sponsored with Black Hills Group Sierra Club and Norbeck Society
Thursday, July 28th, 2022 6:30 pm
Topics: Black Hills Forest Plan Revision Assessments
Speakers: Lou Conroy and Trey Schillie
Temporary link to meeting recording on the Zoom Cloud:
Passcode: GsV^s6g*
Permanent link to the recording on Vimeo
For information on BHNF Forest Plan Revision Assessments - https://phas-wsd.org/event/black-hills-national-forest-seeks-comments-on-forest-plan-revision-draft-assessments-by-aug-1-2022/
Special Prairie Hills Audubon Monthly Meeting - Raptor Center
Sunday August 28,2022 1:00 PM
Private tour of Black Hills Raptor Center for our Chapter. See the birds up close and personal!
Address: 15256 East Highway 44, 4 miles past Rapid City Regional Airport, north side of highway.
Drive yourself directly or meet at Ace Hardware parking lot at 12:30 (corner of Omaha and West Boulevard) to carpool.
Call Jim Petersen at (605) 939-4995 for more information.
June 4th is a field trip - we will gather at Outdoor Campus West in the morning, but destination is undecided
Eileen Dowd Stukel - of SD Game, Fish and Parks - will discuss Recovering America's Wildlife Act (RAWA).
RAWA exists now as House and Senate bills that have made it out of committees and await scheduling for floor votes on bills that would give a great deal of money (almost 1.4 billion /year) to state and tribal entities to work to protect "at risk" wildlife. For more info. on RAWA by the NWF : - https://affiliates.nwf.org/resources/recovering-toolkit/ ,
Melissa Smith, Govt. Relations, Great Lakes Wildlife Alliance, Executive Director, Friends of the Wisconsin Wolf & Wildlife, Pat Clark, GLWA, Madison Audubon Chapter & Lewiston Outing Club - will speak about - wolves: “Wolves and Wildflowers"
Most wolves in the USA were delisted by the Trump administration in November 2020. But due to a February2022 court decision, they are currently re-listed under the Endangered Species Act in much of the USA (but not in the northern Rockies). Link to discussion of change: https://www.humanesociety.org/news/breaking-federal-judge-restores-protections-wolves Melissa will give history of listing/delisting actions, review wolf recovery needs & also discuss wolf ecology & lives of wolves.
Bradley Phillips - Wildlife Biologist, Black Hills National Forest, Dr. Riley F. Bernard, Ph.D.,Assistant Professor Depart. of Zoology and Physiology, University of Wyoming – Brad & Riley will speak about northern long eared bat.
The bat is at risk due to a disease - whitenose syndrome. It has been listed as threatened, but the USFWS proposed in March 23rd, 2022 Federal Register to list it as endangered and the USFWS is currently accepting comments on the change to listed status - deadline: 5/23/22. . https://www.fws.gov/press-release/2022-03/proposal-reclassify-northern-long-eared-bat-endangered We have the bat in SD, but especially in the Black Hills.
-----------------------------------------------------
All PHAS Zoom meetings are recorded & a link to the recordings are posted to our web page under Resources and Recordings menu items.
Endangered Species Day is a celebration of our nation's wildlife and wild places. Started in 2006 by the US Congress, Endangered Species Day is the third Friday of May. We have celebrated ESD in Rapid City w/ a multi-group sponsored event for 15 years, excluding 2020 due to the Pandemic.
vimeo link to recording of meeting -https://vimeo.com/712389823
Passcode: hbxW.y3?
THURSDAY, MARCH 31, 2022 AT 6:30 PM – 8:45 PM
Time: Late March meeting , Thursday March 31st, 2022, 6:30 pm Zoom
Speaker: Lori Brown of The Nature Conservancy (TNC) on Beaver and Beaver Dam Analogs
Time: Thursday, March 10th, 2022 at 6:30 pm
Speaker: Nancy Hilding will present and lead the discussion, other speakers are invited.
This is a meeting to discuss proposed GFP Shooting Complex & maybe, but only if time permits, we may talk about bills the 2022 legislature
Topic: Audubon Dakota - State Office Update
Speakers: Megan Carter-Johnson & Amanda Booher from Audubon Dakota, the National Audubon Society's field office for SD & ND. Meghan & Amanda will provide an update on Audubon Dakota's programs and 2021 conservation efforts. Audubon has community science projects across the country such as Audubon’s Christmas Bird Count & the Winter 2022 Climate Watch survey (currently underway). Learn more about Audubon Dakota’s programs & how you can also help birds.
Photos below: Meghan has brown hair, Amanda is the blonde
Saturday, Sept 18th, 2021
Video on - Beaver Dam Analog - "Partnering with Beaver to Restore Fish and Wildlife Habitat"
=======
Beavers: Dam Good For Songbirds
"The songbird has a friend in the beaver. According to a study by the Wildlife Conservation Society (WCS), the busy beaver's signature dams provide critical habitat for a variety of migratory songbirds, particularly in the semi-arid interior of the Western U.S.” https://www.sciencedaily.com/releases/2008/10/081008151316.htm
More Beavers Equals More Birds - In Western Montana, Birds Flock to Beaver Ponds https://blog.nwf.org/2018/04/more-beavers-equals-more-birds/
Here is a link to a page with references on Beaver
https://www.martinezbeavers.org/wordpress/the-ecological-benefits-of-beavers/ or go to home page https://www.martinezbeavers.org/ and look for ecological benefits
HISTORIC MEETINGS 2020 & 2021
Past two year's meeting videos - recording is on Zoom cloud or Vimeo
Prairie Hills Audubon Society’s August Meeting (Historic meeting recorded)
Monday, August 16th, 2021, 6 pm MT
Topic: Mountain Lions in our Region
and other issues related to SD Game Fish and Parks.
LINK TO RECORDING ON Vimeo: https://vimeo.com/590257448
==================
PHAS June membership Zoom meeting will be about beaver
When: at 6:00 pm MT Wednesday June 30th, 2021, (Historic meetings- recording on Vimeo )
Speaker: Michael M. Pollock of the National Oceanic and Atmospheric Administration is our speaker.
Topic: Working with beaver for the benefit of people, fish, wildlife and biological diversity
LINK TO RECORDING ON Vimeo https://vimeo.com/manage/videos/585509489
=========================
PHAS Meeting is Endangered Species Day May 21st.(Historic meetings- recording on Vimeo )
Celebrate America's 16th Annual Endangered Species Day
on May 21st, 2021, 6 pm
PHAS will co-host west River SD's
Endangered Species Day Celebration
Charlene Bessken of the USFWS in Pierre SD spoke to us about two topics:
1. SD's Federally listed species and give us updates on what has happened with SD listed species in the last 2 years.
2. SD's bumble bees, which are listed or have been petitioned for listing -
Listed: Rusty-patched Bumblebee
Petitioned: Western Bumblebee, American Bumblebee, and Variable Cuckoo Bumble Bee
Link to recording of meeting: https://vimeo.com/553605916
============================
Prairie Hills Audubon Society (PHAS) April Zoom Member's Meeting.(Historic meetings- recording on Vimeo )
Thursday April 29th, 2021, 6:30 pm MT
2 topics: 1. SD GFP & killing of predators and also 2. BHNF over-cutting of conifers.
During the program we showed a video film, “Cull of the Wild” "The Truth behind Trapping" - you can find it here: https://vimeo.com/268875305
Link to recording of PHAS's entire meeting - https://vimeo.com/587401118
=============================
Prairie Hills Audubon Society March Zoom Member's Meeting.(Historic meetings- recording on Vimeo)
Wednesday, March 31st, 2021, 6:30 pm MT
will be Cory Allen Heidelberger editor and publisher
of Dakota Free Press http://dakotafreepress.com
speaking about
Initiative and Referendum in South Dakota -
What is the status of our right to initiative and referendum
after years of monkeywrenching from the Legislature and court challenges.
Link to vimeo recording: https://vimeo.com/588844108
Also meeting is recorded on Zoom cloud (This is only temporary, will be removed) :
Access Passcode: m?0OrCgH
- a report that documents the Forest's not sustainable cut.
Speaker: Jonathan Word, BHNF's Natural Resources Staff Officer.
We helped co-sponsor a cracker barrel in Piedmont on the second Saturday of February 2020 and 2021 and other years.
we have temporarily discontinued those face-to-face eating meetings due to Covid19.
================================================================================
Rapid City Shooting Range - Please either oppose or ask for an EIS be done before building or funding it.
Protect the water quality in the area from lead pollution.
Visit our web page for updated material
June 28th, 2022 Hearing at Meade County Commission on a section line relocation proposal for the proposed shooting range.Update - deniedPetition to relocate section lineOur Alert-Alert on PHAS web page on shooting rangehttps://phas-wsd.org/action-alerts/
You can write or call Game, Fish and Parks Staff and/or Commission, your legislator (as GFP is asking the legislature for money to pay for this project.) or Meade County Commission, The USFWS staff in Denver is overseeing a NEPA analysis (GFP is asking them to help pay for the project)
Due to many demands on volunteer time in February 2022 - the web site is being updated more frequently than this blog. THIS ALERT IS OUT OF DATEMost recent news on this issue is on alerts on our web pagehttps://phas-wsd.org/action-alerts/
Game, Fish and Parks has been unable to fund raise enough donations or grants to pay for building the range and are asking the 2022 legislature for millions to fund the project. Thus folks can contact your SD Legislator with concerns. We think attempts to appropriate money for this project in the legislature are dead – HB 1049 and SB 175 are both killed in the House of Representatives. Attempts to insert language about the funding into HB 1166 in conference committee died on March 9th.
SDGFP says they expects to break ground in spring. They were asking the SD National Guard to help them build it. The site is very rugged when the EPA recommends flat areas for shooting ranges, thus we assume major land sculpting & storm water management has to happen. That will be expensive. What other GFP projects for wildlife or parks could be afforded if a site that better conformed with EPAs location guidance had been chosen? SDGFP will be relying in part on Pittman Robertson funding given to them by the USFWS. FWS staff thus must sign off on a NEPA document, either an environmental assessment (EA) or an environmental impact statement (EIS). SD National Guard may need to cooperate on that. Folks should insist on an EIS as the project won't comply with the EPA Best Management Practices for shooting ranges - it selected a site that does not match the site selection guidance.. https://fws.gov/press-release/2022-02/proposed-shooting-range-rapid-city-south-dakota https://fws.gov/library/collections/wsfr-rapid-city-south-dakota-proposed-shooting-range
SD GFP seeks funding for the Complex from the USFWS and wrote a draft EA to comply with USFWS NEPA policy. Public comments will be accepted on the Draft EA for a 30-day period, ending March 24, 2022, and can be electronically submitted to: fw6_FAGrants@fws.gov. Copies of the Draft EA, which include details of the proposed action and the alternatives considered, are available online at: https://fws.gov/library/collections/wsfr-rapid-city-south-dakota-proposed-shooting-range. Those without internet access may request copies by calling the Services’ Wildlife and Sport Fish Restoration Program at 303-236-8165. Comments will be accepted until March 24, 2022, and should be sent to: Chief, Wildlife and Sport Fish Restoration Program, U.S. Fish and Wildlife Service, P.O. Box 25486, Denver, CO, 80225.
Draft Environmental Assessment https://fws.gov/media/rapid-city-shooting-range-initial-environmental-assessment
Appendix
More information about this issue can be found at our PHAS web site at: https://phas-wsd.org/action-alerts/Bill tracking of bills in legislature can be found at PHAS web site https://phas-wsd.org/sd-legislature/
EPA and DANR only regulate shooting ranges at closure, or during construction for storm water runoff. EPA provides guidance that is not enforceable, except we can request discussion of this non-compliance in the NEPA document and ask for an EIS. The EIS's range of alternatives should offer an alternative site selection. Another request for the SD Legislature would be for Dept of Agriculture and Natural Resources (used to be DENR) to be given authority to regulate location, construction and operation of shooting ranges, for lead management concerns (it doesn’t have that power now). Map of proposed GFP shooting range, it is off Elk Vale Road north of Elk Creek
Money to help pay for the project is being sought under Pittman Robertson from the Denver USFWS office, An “environmental assessment" is being written, . EA is supposed to be almost written, but we suspect scoping did not happen. SDGFP Commission's Resolution about land purchase using South Dakota Parks and Wildlife Foundation as a temporary intermediary to hold the land, can be found at link (The range will be in Meade not Pennington County): https://gfp.sd.gov/UserDocs/meetings/21-03_Resolution_-_Authorizing_purchase_of_Rapid_City_Shooting_Range_(3).pdf GFP sheet about firing range.Plans/Drawings of proposed Range Meade County Map showing area's land parcels TALKING POINTS: Some environmental issues associated with shooting ranges can be - 1) Lead contamination from bullets with impacts to ponds/creeks/ground water in area2) Noise from gun fire with hundreds of shooting positions,3) Disturbance to wildlife, livestock and homes/ranche4) Bullets traveling to neighboring lands, including areas with high slope.5.) Fire risk,
6) Impacts of traffic to about 3 miles of dirt road with noise, dust and wear and tear and expense to county
7) Supervision of the property and law enforcement costs
The pond/wetland immediately to the south of the property has excellent birding. This range will be about 2.5 miles from Sevey Lake, a popular birding spot. Lead pollution is a major issue, especially as the site does not meet the EPA criteria for siting of ranges (not-flat -too much slope).EPA on BMP on managing lead at shooting ranges We quote that document at page II-5:
"The most important site selection criteria to consider when selecting a new rangelocation include: topography; surface water flow patterns; and depth to groundwater. Ifpossible, ranges should be developed on flat terrain, as it facilitates reclamation and reducesthe chance of off-site migration due to surface water runoff as compared with highly slopedterrain. When considering a prospective location for a range, ask yourself: What is the direction ofsurface water runoff? Does the site drain to surface water (e.g., streams, rivers) on-site?Off-site? Can the range design be modified to minimize potential runoff? Is reclaimationequipment accessible to the area to clean the range?” (Emphasis added). Fact sheet on Lead Pollution at Outdoor Firing Ranges: . There are several ponds/impoundments on or near edges of the property & several have some wetlands associated with them. The range's south boundary bisects or borders a pond on an unnamed tributary of Elk Creek. GFP won’t have access to all or parts of the edge/boundary ponds, as they are on private land. The proposed shooting range is divided between Elk and Antelope Creek drainage basins, likely with at least some of the northeast-end of range draining to Antelope Creek and the south-end will be draining to Elk Creek. As the crow flies the range is closest to Elk Creek, but as water flows toward the two drainages, it is closer to Antelope Creek. In the pink map below, the shooting range's south boundary crosses the heart shaped pond just east of Elk Vale Rd, that sits on a tributary that flows southeast to Elk Creek - merging in several miles. It's north boundary is near the slight bend in Elk Vale Rd at a mile and a quarter above that pond. The slight bend in road is on the ridge top. Property is a half mile wide and a mile and a quarter tall. The topography at the north end is much more hilly, with the north entrance at a ridge top. The smaller shooting bays in the north, are in a descending valley. The whole property is descending from the ridge towards the pond. This site does not meet the EPA’s guidance for siting shooting ranges: the EPA wants them on flat sites. Soil has clay in it. It is harder for reclamation machines to recover lead from clay soil and the machines need flat surfaces.
CUMULATIVE NOISE
See map below. Each of the smaller shooting bays may have 5 -10 shooting lanes/each. There are 29 such bays, 12 are in the south . The 200-400 ft bays may have 20 shooting position/each, 2 are in the south unit. The extra long bays may have 40 positions, 2 are in the south unit. The shooting clays have 12 positions/each. The south-end range may be used for local shooters. The north-end range may be used for competitions or training activities and some bays are called “action bays” without assigned lanes.Decibels from each gun fire are significant 150dB-163.2 dB ; https://earinc.com/gunfire-noise-level-reference-chart/. The north end is in a more steep and rugged location, it has a small flat area at the top, but descends into valleys and rugged territory.. ============ July19thPennington County Commission Pennington County Ordinance on Hard Rock Mining To be Considered
============
OLD ALERT - from 2021 Alert On Mountain Lion Seasons Rule Changes
============
Here is a link to the letter that Prairie Hills Audubon Society submitted to SD GFP:
https://www.scribd.com/document/522625630/Mountain-Lion-Comment-LetterF?secret_password=EUwQZb1IK9yVyf3B5FY5We suggest folks oppose both proposed rules for mountain lion hunting. SD Mt. lion hunting is divided into the Black Hills Fire Protection District and every where else (Prairie unit). In the Prairie Unit there is 365 day hunting with no harvest limit and hound hunting is allowed on private land (with land owner/lessor permission) and moving from private land to BLM and State School Lands. Hound hunting is allowed in Custer State Park in two week time segments alternating with two weeks of "boot hunting" (boot = no hounds used). The first two week session is given to hound hunting and thus for many years the boot hunters are out-competed and have not gotten any lions.
The hunting season on the Black Hills Unit is too aggressive and will result in decreasing populations, perhaps dropping below the population below the population goals that SDGFP wants. We suggest at least lowering the female lion harvest limit in the Black Hills unit.
We suggest people object to hound hunting of lions, which occurs on Custer State Park (a sub-set of Black Hills unit) and in the Prairie unit. You can object due to 1. animal cruelty to both dogs and lions, 2. not fair chase, 3. provides huge advantage of success for hound hunters vs boot hunters 4. creates trespass risk, 5. disturbs non-target wildlife, livestock and other human users. However they are making a specific change to increase hound hunting..by increasing the area of public land in the Prairie Unit where hound hunters can travel from private land to hunt on public land, to include all of public lands unless public land manager specifically objects. Previously public land hound hunting in the Prairie unit was limited to expanding onto BLM and State School lands. . You can object specifically to that proposed increase in hound hunting area on the Prairie Unit.
We suggest allowing the boot hunters the first two week session in Custer State Park, for sake of boot hunters, lions & dogs.
Written comments can be submitted at https://gfp.sd.gov/forms/positions/ or at https://rules.sd.gov/Comments.aspx?Id=669
=============
https://www.scribd.com/document/522625630/Mountain-Lion-Comment-LetterF?secret_password=EUwQZb1IK9yVyf3B5FY5
We suggest folks oppose both proposed rules for mountain lion hunting. SD Mt. lion hunting is divided into the Black Hills Fire Protection District and every where else (Prairie unit). In the Prairie Unit there is 365 day hunting with no harvest limit and hound hunting is allowed on private land (with land owner/lessor permission) and moving from private land to BLM and State School Lands. Hound hunting is allowed in Custer State Park in two week time segments alternating with two weeks of "boot hunting" (boot = no hounds used). The first two week session is given to hound hunting and thus for many years the boot hunters are out-competed and have not gotten any lions.
The hunting season on the Black Hills Unit is too aggressive and will result in decreasing populations, perhaps dropping below the population below the population goals that SDGFP wants. We suggest at least lowering the female lion harvest limit in the Black Hills unit.
We suggest people object to hound hunting of lions, which occurs on Custer State Park (a sub-set of Black Hills unit) and in the Prairie unit. You can object due to 1. animal cruelty to both dogs and lions, 2. not fair chase, 3. provides huge advantage of success for hound hunters vs boot hunters 4. creates trespass risk, 5. disturbs non-target wildlife, livestock and other human users. However they are making a specific change to increase hound hunting..by increasing the area of public land in the Prairie Unit where hound hunters can travel from private land to hunt on public land, to include all of public lands unless public land manager specifically objects. Previously public land hound hunting in the Prairie unit was limited to expanding onto BLM and State School lands. . You can object specifically to that proposed increase in hound hunting area on the Prairie Unit.
We suggest allowing the boot hunters the first two week session in Custer State Park, for sake of boot hunters, lions & dogs.
Written comments can be submitted at https://gfp.sd.gov/forms/positions/ or at https://rules.sd.gov/Comments.aspx?Id=669
=============
===================================================================================See our web page for 2023 Count List - This is last years CBC dataDec 14th 2021- Jan 5th 2022 Christmas Bird Counts.
Links to CBC web pages:
ANNOUNCING THE CHRISTMAS BIRD COUNTS IN OUR REGION
A copy of this list can be downloaded in PDF format at Scribd:
This is a list of Christmas Bird Counts in South Dakota and immediate parts of nearby states. It is created by Prairie Hills Audubon Society of Western SD.
December 14th, 2021-January 5th, 2022 Christmas Bird Counts
December 14th- January 5thAudubon's 122nd Annual Christmas Bird Count (CBC)
All official counts will be held between the dates Tuesday, December 14th, 2021through, Wednesday, January 5th, 2021.
This year, the Audubon Christmas Bird Count will mobilize nearly 80,000 volunteer bird counters in more than 2,600 locations across the United States, Canada, the Caribbean and Latin America. 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.
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 122 years of unbroken data on trends of early-winter bird populations across the Americas.
When combined with other surveys such as the Breeding Bird Survey, Audubon’s Christmas Bird Count provides a picture of how the continent's bird populations have changed in time and space over the past hundred years. The long-term perspective is vital for conservationists. It informs strategies to protect birds and their habitat, and helps identify environmental issues with implications for people as well. Christmas Bird Count data have been used in more than 300 peer-reviewed articles.
Again, this year’s 122nd Christmas Bird Count will be “CBC Live,” a crowd-sourced, hemisphere-wide storytelling function using Esri mapping software. This “story-map” will ask users to upload a photo taken during their Christmas Bird Count as well as a short anecdote to paint a global picture of the Christmas Bird Count in real time.
Birders of all ages are welcome to contribute to this fun, nationwide community science project, which provides ornithologists with a crucial snapshot of our native bird populations during the winter months. Each individual count is performed in a count circle with a diameter of 15 miles. At least ten volunteers, including a compiler to coordinate the process, normally count in each circle. The volunteers break up into small parties and follow assigned routes, which change little from year to year, counting every bird they see. In most count circles, some people also watch feeders instead of following routes.
Interested birders must arrange with the count compiler in advance to participate.
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 – see link:See each CC results:Links to CBC web pages:
To find a count near you on an interactive map:
Other links:
SOUTH DAKOTA
NEBRASKA:
NORTH DAKOTA (This an old 2019 list:)http://www.ndbirdingsociety.com/customContent.php?seq=28&title=North Dakota Christmas Bird Counts
MINNESOTA:
IOWA
WESTERN SOUTH DAKOTA's CHRISTMAS BIRD COUNTS
WIND CAVE NATIONAL PARK, SD, CHRISTMAS BIRD COUNT,12/12/21 - CANCELLED DUE TO SNOW + WIND, . Contact: Angela Jarding, angela_jarding@nps.gov , (605)-745-1157,
STURGIS, SD, CHRISTMAS BIRD COUNT,12/18/2021, no pre or post meetings . Contact: Vic Fondy - (605) 269-2553, rotciv31@gmail.com
PIERRE/FT. PIERRE, SD, CHRISTMAS BIRD COUNT, 12/18/2021, Bad weather alternate: 12/20/2021Ricky Olson, tatanka40@pie.midco.net
RAPID CITY, SD, CHRISTMAS BIRD COUNT,12/19/2021Contact: Michael Melius, mmmelius@hotmail.com, 605-255-4766
SHADEHILL, SD, CHRISTMAS BIRD COUNT,12/20/2021,Bad weather alternate: 1/3/2022Contact: Greg Schonert, gregory.schonert@usda.govGreg’s Phone: 701-989-7309 (office) 701-202-0833 (cell), Forest Service (Grand River District) 605-374-3592
BADLANDS NATIONAL PARK, SD, CHRISTMAS BIRD COUNT,12/28/2021
SPEARFISH, SD, CHRISTMAS BIRD COUNT,1/2/2022, Meet at McDonalds at 7:30 a.m. MTContact: Daniel Bjerke, 605-381-0493, dlbjerke@midco.net
HARDING COUNTY, CHRISTMAS BIRD COUNT1/2/2022, Meet in the Tatanka Plaza parking lot in Buffalo at 8amContact: Jessica Howell, 605-375-3218, jhowell@abcbirds.org
PINE RIDGE RESERVATION, SD, CHRISTMAS BIRD COUNT,Wednesday, Dec. 29. 2021 Contact: Peter Hill, petermhill@yahoo.com, 605-441-9346.
PIEDMONT, SD, CHRISTMAS BIRD COUNT,It is not happening this season- 2021-22Contact: Gene Hess: gene@neopaleo.net,
HOT SPRINGS, SD, CHRISTMAS BIRD COUNT,It is not happening this season - 2021-22Contact: Duane or Marie Weber - (605) 673-2032, mmcurtin@gwtc.net
BISON, CHRISTMAS BIRD COUNTIt is not happening this season - 2021-22
===========EASTERN SOUTH DAKOTA's CHRISTMAS BIRD COUNTS
Waubay N.W.R. Christmas Bird Count,12/16/2021Contact: Nicole Heller - 605-947-4521, nicole_heller@fws.gov
Madison Christmas Bird Count, 12/16/2021 Contact: Jeffrey S. Palmer, jeff.palmer@dsu.edu, (605) 256-5190
Aberdeen Christmas Bird Count, 12/18/2021Contact: Gary T Olson - olsonfam@nvc.net, 605-885-6284
Brookings Christmas Bird Count, 12/18/2021Contact: Mary Pearson, margypearson1@gmail.com, (605-651-1652)
Sioux Falls Christmas Bird Count, 12/18/2021Contact: Chris Anderson, canderson1@sio.midco.net, 605-254-2550
Sand Lake N.W.R. Christmas Bird Count,12/23/2021 (Change from 18th)Contact: Lindsey Wickre, lindsey_wickre@fws.gov, 605-228-8421,
Huron Christmas Bird Count,12/18/21Contact: Ryan Thompson, ryemel4@santel.net
Yankton Christmas Bird Count,12/19/2021
Mitchell Christmas Bird Count, - 12/26/2021Contact: Jeff Hansen, jeff.hansen.sd@gmail.com, 785-806-6917
Canton Christmas Bird Count, 1/2/2021Contact: Chris Anderson, canderson1@sio.midco.net, 605-254-2550
Lake Andes Christmas Bird Count,It is not happening this season: 2021-22Contact: Mick Hanan, mick_hanan@fws.gov, (605) 487-7603 Ext. 107,
SOME OTHER CBC DATES, NEAR SD BUT IN NEARBY STATES:
Christmas bird counts in other states, that are near enough, that SD folks may be interested in them -We are especially interested those CBCs close to us in western SD:
SOME OF NEBRASKA CHRISTMAS BIRD COUNTS
Scottsbluff, NE, Christmas Bird Count, 12/14/2021Contact: Kathy DeLara, renosmom@charter.net,
Ponca State Park, NE, Christmas Bird Count,12/14/2021
North Platte, NE, Christmas Bird Count, 12/17/2021, Contact: Thomas Walker, thomas.walker@nebraska.gov, 308,-530-7659
Fort Niobrara, NE, Christmas Bird Count,12/17/2021Contact: Kristine Askerooth, kristine_askerooth@fws.gov
Norfolk, NE, Christmas Bird Count,12/18/21Contact: Duane Wolff, duane.wolff@audubonmember.org, (402)-841-0130,Dave Heidt, David Heidt, heidtdw@gmail.com,
Crawford NE, Christmas Bird Count, 1/1/2022Contact: Bruce Walgren, piranga@bresnan.net, 307-234-7455,
Harrison NE, Christmas Bird Count, 1/2/2021Contact: Bruce Walgren, piranga@bresnan.net, 307-234-7455
Lake McConaughy, NE, Christmas Bird Count, 1/3/2022 Contact: Stephen Dinsmore, cootjr@iastate.edu, 515-294-1348
SOME OF NORTH DAKOTA's CHRISTMAS BIRD COUNTS
Long Lake N.W.R. ND, Christmas Bird Count,,12/14/21Contact: Mike Rabenberg, mjldrab@gmail.com
Tewaukon N.W.R., ND, Christmas Bird Count,12/17/2021Contact: Patrick Fitzmorris, patrick_fitzmorris@fws.gov, 701-724-3598 ext 2, 701-212-0175 cell
Bismarck-Mandan, ND, Christmas Bird Count, 12/19/2021Contact: Corey Ellingson, crackerjackbirder@bis.midco, 701-400-5891
Medora, ND, Theodore Roosevelt N.P. South Unit, Christmas Bird Count,1/2/2021
Theodore Roosevelt N.P., North Unit Christmas Bird CountUnknownContact: Kevin Melzo, kevin_melzo@nps.gov, 701-623-4730 ext 1403
SOME OF WYOMING's CHRISTMAS BIRD COUNTS
Sheridan, WY, Christmas Bird Count, 12/18/2021Contact: Annie Dunn, anniegitterdunn@gmail.com, (253) 307-9082.
Casper, WY, Christmas Bird Count, 12/18/2021Contact: Bruce Walgren, piranga@bresnan.net, 307-234-7455,
Kane, WY, Christmas Bird Count,,12/18/2021Contact: Christy Fleming: christy_fleming@nps.gov, 307-548-5406
Buffalo, WY, Christmas Bird Count, 12/19/2021Contact: Deane Bjerke, bjerkedp@gmail.com,
Guernsey/Ft. Laramie, WY, Christmas Bird Count,12/19/2021Contact: Jane Dorn, 307-640-4002, linglebird@yahoo.com,
Gillette, WY, Christmas Bird Count, 12/28/2021Contact: Dustin Downey, 307.756.3941, 504.453.4139, ddowney@audubon.org,
Sundance, WY, Christmas Bird Count, 12/30/2021, Contact: Jen at 307-283-2467, ravenssong18@gmail.com,
Story-Bighorn, WY, Christmas Bird Count, 12/30/2021
Bates Hole, WY, Christmas Bird Count, 1/1/2022Contact: Hustace "Stacey" Scott, hustace@gmail.com, call Stacey at 307-262-0055 or Charlie at 307-473-2512
SOME OF IOWA's CHRISTMAS BIRD COUNTS
Westfield, IA, Christmas Bird Count, 12/16/2021Contact: Bill Zales, doczales44@hotmail.com
Sioux City, IA, Christmas Bird Count,12/18/2021Contact: Jerry Probst, probstsuebee@aol.com, 712-490-8256,
SOME OF MINNESOTA's CHRISTMAS BIRD COUNTS
Pipestone N.M., MN, Christmas Bird Count, 1/2/2022 Contact: Garrett Wee, garrettwee@hotmail.com, (507) 829-8187
Hendricks, MN, Christmas Bird Count, 1/4/2022Contact: William A. Schultze, bcbrats@itctel.com, 605-479-3015
SOME OF MONTANA's CHRISTMAS BIRD COUNTS
Miles City, MT, Christmas Bird Count, 12/19/2021 Contact: Jennifer Muscha, jenmuscha@midrivers.com, 406-951-2799
===================================================================================PAST
December 15th, 2021Sage Grouse Action Plan for Comment
The South Dakota Game, Fish and Parks (GFP) is seeking comments on the draft greater sage-grouse action plan.
All individuals interested in the management of greater sage-grouse in South Dakota have from now through December 15, 2021, to provide suggestions and comments on the draft action plan. A final draft of the action plan is scheduled to be presented to the GFP Commission in January for their consideration and adoption.
Written comments on the plan can be sent to 523 E. Capitol Ave., Pierre, S.D. 57501, or emailed to sagegrouseplan@state.sd.us. Comments must be received by December 15, 2021 and include your full name and city of residence.
Sage Grouse Action Plan for Comment
Management Plan
=================================
++++++++++++++++++ scroll down - about 8 inches
=============================================================================SD Game Fish and Parks decisions - beaver & otter season .Recent news _
July 8th-9th, SDGFP Commission decided to move towards reducing beaver trapping in the Black Hills and will consider new amendments to the states trapping rules at a future meeting (maybe Sept 1st) . In the meantime it will investigate options such as closing the Black Hills Fires Protection district or subsets of that to trapping/hunting of beavers. It approved 365 day beaver trapping and the use of conibear (kill traps) during beaver trapping east river. It approved an otter season (east River) with 20 otter harvest limit. It moved forward a public petition to allow hound hunting of cougars on Forest Service grassland sand some of SD GFP properties in the prairie unit.=========================================================================================================
=====================================================================================================
Recent PHAS news - February 16th, 2021 - June 16th
In March the Forest Service released a report showing that the BHNF is being overharvested - - the current logging rate is not sustainable. Prairie Hills Audubon Society and other conservation/public interest groups & Oglala Sioux Tribe have called on the Forest Service to sharply reduce logging in the Black Hills National Forest.
Here are a links to three multi-party letter sent by PHAS and other groups and Oglala Sioux Tribe to the Forest Service about the overharvesting.
February letter to Regional Forester as
May letter to Regional Forester
May letter's attachment
June 16th letter to BHNF Supervisor
Some news article about that:“Groups call for reduced Black Hills logging”Marc Heller, E&E News reporterPublished: Wednesday, February 24, 2021
"Republicans jump into the fray over Black Hills logging"Marc Heller, E&E News reporterPublished: Thursday, March 4, 2021
Tuesday 23rd of March, the Forest Service Rocky Mountain Research Station is releasing a scientific General Technical Report titled - A Scenario-Based Assessment to Inform Sustainable Ponderosa Pine Timber Harvest on the Black Hills National Forest.
Please see this press release for more information. Link to RMRS web page https://www.fs.usda.gov/rmrs/bhnftimberreport The report itself https://www.fs.fed.us/rm/pubs_series/rmrs/gtr/rmrs_gtr422.pdfSummary of contents https://www.fs.usda.gov/rmrs/sites/default/files/documents/GTR-422 Summary of Comments final.pdfWebinar flyer https://www.fs.usda.gov/rmrs/sites/default/files/documents/Black Hills Science Webinar Flyer_FINAL.pdf
Rocky Mountain Research Station hosted a science webinar to discuss the data, methodology, and report findings on April 7, 2021 beginning at 10:30 a.m. MDT. Pre-registration was required. https://www.fs.usda.gov/rmrs/events/webinar-science-based-scenarios-inform-forest-management-black-hills-national-forest
News Article about in RCJ:News Article KOTA https://www.kotatv.com/2021/03/23/former-us-forest-service-employee-says-timber-sustainability-has-been-a-problem-for-years/
=============================================================================
=====================================================================================================
Another win in our Sage-Grouse lawsuitRecent PHAS news February 11th, 2021 -
Federal Judge Overturns Trump Administration’s Gutting of Sage-Grouse Protections from Mining
BOISE, Idaho— A federal judge on 2/11/21 overturned a Trump administration decision to strip protections from 10 million acres, mostly in Nevada and Idaho, to allow mining in vital habitat for greater sage grouse. The ruling is the latest in a series of court victories for sage grouse conservation.
Attorneys from Advocates for the West represent Western Watersheds Project, the Center for Biological Diversity, WildEarth Guardians and Prairie Hills Audubon Society in this case.
Link to the press release:
Articles
=============================================================================
============================
June 9th, Article in The Guardian ,Owner cancels Keystone XL pipeline months after Biden revoked permitTC Energy halts project that faced longstanding opposition from climate campaigners=====================================================================================================
============================
Rare Earth Mining Threat to BHNF- Bearlodge Mountains
Below are links to web articles about a January 2021 notice of $22 million financial award for General Atomics and Rare Element Resources (RER) for a rare earth element separation and processing demonstration project. This would likely impact mining proposal on the Bearlodge Ranger District. Go to to older posts button for more info. on mine threat:
https://apnews.com/press-release/business-wire/technology-business-corporate-news-construction-and-engineering-industrial-products-and-services-79e6668ec91c4469a4be32720adcd1f1
https://www.barrasso.senate.gov/public/index.cfm/2021/1/wyoming-initiatives-receive-federal-funding-for-rare-earth-mineral-research
NYT Article on bill in Congress that will impact rare earth developement in USA.: "Biden Administration Moves to Fix Supply Chain Bottleneck" - A swath of recommendations calls for more investments, new supply chains and less reliance on other countries for crucial goods https://www.nytimes.com/2021/06/08/us/politics/biden-supply-chain.html
Article on Recovering America's Wildlife Action 2021 version: https://mailchi.mp/andykerr/the-proposed-recovering-americas-wildlife-act?e=c8e1a371bcRepresentative Debbie Dingell (D-MI-12th) has recently (4/22/21) reintroduced her Recovering America’s Wildlife Act (H.R.2773, 117th). Representatives Peter DeFazio (D-OR-4th), Earl Blumenauer (D-OR-3rd), Kurt Schrader (D-OR-5th), and Suzanne Bonamici (D-OR-1st) are some of RAWA cosponsors. "To amend the Pittman-Robertson Wildlife Restoration Act to make supplemental funds available for management of fish and wildlife species of greatest conservation need as determined by State fish and wildlife agencies, and for other purposes." Link to bill: https://www.congress.gov/bill/117th-congress/house-bill/2773?q=%7B%22search%22%3A%5B%22hr2773%22%5D%7D&s=6&r=1
================================================================
The Black Hills National Forest (BHNF) has released data from a Forest Inventory & Analysis that shows the BHNF is cutting trees faster than then forest growth replaces them. If current rate (2020) of cutting continues the live sawtimber volume will be depleted in the next several decades. To meet the current rate of cutting allowed by the Forest Plan, they need twice the standing live timber they have. The rate of cutting must be reduced to provide for a sustainable supply of timber, wildlife habitat, and other forest resources. Various laws require a sustainable logging program.
=====
The Black Hills National Forest has done research and determined it is cutting pine trees faster than they can grow back...the cut is not sustainable. Direct link to a report on this research: Timber Growth and Yield Draft General Technical Report (TGYDGTR)
These actions are illegal, violating the Multiple Use Sustained Yield Act and the National Forest Management Act. In the future the Forest Service will need to change it's cutting rate. Future timber cutting scenarios proposed in the TGYDGTR do not reduce the cut fast enough or deep enough; they take years to reach timber sustainability and do not provide for sustainability of other values nor forbid logging on some lands that are unsuitable for logging nor do they forbid cutting young trees before their finish fastest growing period.
A not sustainable cut is not desirable, as viability of some wildlife species will be at risk and values such as some habitats, scenic quality, back country recreational & water quality will be harmed. The Forest has less than .5% old growth left, the Forest Plan says it was supposed to provide at least 5%. Some species at risk include the northern goshawk, brown creeper and black backed woodpecker that need mature dense stands, and the pgmy nuthatch that needs large old yellow barks. The forest does not have money, or ways to generate revenue to pay for all the needed pre-commercial thinning of the huge area of understory baby pine trees.
The timber industry is very opposed to the necessary reduction in annual timber volume. They are busy lobbying our elected leaders. Other forests have also had reports that found the forests had not-sustainable harvests. Several such reports were buried due to politics and never made it past draft form. We need the public to fully understand what has been discovered by the Forest Service, to listen to critiques of the analysis and to insist that politics does not bury this report and that the Forest Service commits to quickly reducing the annual harvest on the Black Hills to a level that is not just sustainable for commercial goals (i.e.: timber production) but also sustainable for wildlife habitat, scenery protection, back-country recreation, water quality, soils etc. The natural amenities of the forest that give us spiritual renewal and cause us to want to live near the BHNF, need to be valued & protected, not just it's timber production valued.A comprehensive article about the Black Hills timber situation was recently published:
Here is a link to the Forest Service's (FS) web page on this topic:
This web page has a discussion of the issues & lots of links to more data on this issue, including the Timber Growth and Yield Draft General Technical Report (TGYDGTR) and links to webinars from 4 FS meetings with stakeholders/local governments, some of which include power-points created by the FS & stakeholder groups on the issues. April 3rd & May 1st are virtual meetings the FS had with "timber stakeholders" - namely NGO environmental, timber industry & state government stakeholders. Environmentalists attending the 4/3/20 meeting were from Prairie Hills Audubon Society, The Norbeck Society, BHG of the Sierra Club.
An ad hoc group of retired foresters was also represented. In May the Nature Conservancy was added as stakeholder. At least one future "timber stakeholder" meeting is planned. April 10th & May 15th are virtual meetings the FS had with the local government.All 4 meetings are recorded,A link to the April 3rd meeting's presentations and related documents (mostly saved as PDFs) is:We recommend that you view power points from Bob Burns of the Norbeck Society, Jim Margadant of Sierra Club and Dave Mertz of retired foresters.
Webinar link
https://usfs.adobeconnect.com/pf84e9rqbh6f/?launcher=false&fcsContent=true&pbMode=normal&proto=true.
Quote from Abstract of the TGYDGTR:
"If the current (2019) annual sawtimber harvest of 153,534 CCF per year (CCF = 64 100 cubic feet) were to continue, the live sawtimber volume will be depleted in the next several decades. To meet the current allowable sale quantity (ASQ) of 181,000 CCF as described in the BHNF Plan, a standing live sawtimber volume of approximately 12 million CCF would be required. However, current standing live sawtimber volume is approximately 5.9 million CCF. Furthermore, the current forest conditions in 2019 and probable growth and mortality estimates suggest a saw timber program on the BHNF with an annual harvest of 70,000 to 115,000 CCF per year would be possible. Nevertheless, these harvest levels would allow the live sawtimber inventory amounts to increase to 6 million CCF in approximately 60 years and return to the level needed to support ASQ as identified in the current forest plan (181,000 CCF) within a century." (emphasis added)
Page 4 at lines 80 to 82 TGYDGTR says:
“All scenarios assume no harvest reduction for other resources (e.g., wildlife, botany, aquatics, and so on) or for Forest Plan adjustments. However, Black Hills National Forest (BHNF) may have restrictions that could alter the amount of area treated and the volumes removed.”
At lines 431 to 437 TGYDGTR says:
“Forest Plan constraints such as slope steepness, wildlife, recreation, grazing, or other values were not considered in the scenarios.”
Page 6 of the TGYDGTR, Lines 111-120, states
“In 2019 the USDA Forest Service, Forest Inventory and Analysis Program (USDA 2019) identified 765,733 acres of timberland: (suitable), as forestland that is producing or is capable of producing 20 cubic feet per acre per year of industrial wood in natural stands and not withdrawn from timber utilization by statute or administrative regulation. Lands inaccessible and inoperable were included.”(Emphasis added)==========================
To help understand terminology used in timber management on the Black hills Structural stages are any of several developmental stages of tree stands described in terms of tree size and the extent of canopy closure they create. In the Black Hills stands are inventoried and assigned to one of 9 structural stages: SS1, SS2, SS3A, SS3B, SS3C, SS4, SS4B, SS4C, SS5. Various wildlife are associated with older dense stands of live trees. Some are associated with large snags (large dead trees).
The Rocky Mountain Research Station (the research branch of the Forest Service), has a draft report out that analyzes a large data set showing the current level of logging on the Black Hills National Forest is unsustainable. Below find a direct link to a report on this research: Timber Growth and Yield Draft General Technical Report (TGYD-GTR)
The BHNF has admitted it is cutting the pine trees at a faster rate than the trees can replace themselves. They have very little old growth (structural stage 5) left - less than1 percent (.6 percent) and an inadequate supply of one of their other structural stages for adult pine stands (SS4B) . If cutting continues at the current rate, they will run out of saw timber in about 30 years.
We worry about various species associated with dense forest conditions, older trees, large snags and fire/insects. The northern goshawk, brown creeper and black backed woodpecker need mature dense stands and the black-backed woodpecker needs them as snags, burned by wildfire. Pygmy nuthatch needs older yellow barks and it and the Lewis woodpecker need larger snags. The silver haired bat and fringed myotis need large snags for maternity roosts. The golden-crowned and ruby-crowned kinglets need relatively dense older forests. The northern flying squirrel and red squirrel need older, dense forests, at least mature stands. Pine Martins need connectivity corridors with 50% canopy closure. Rare snails need forest cover (shade) and damp ground. Some big game need thermal cover in the winter.
What tree habitat species need and which may be at risk if the Black Hills National Forest loses it's older dense saw timber and old growth? ===============
Excerpted slides from an April 2020 Powerpoint by Andrew Johnson of the Forest Service (BHNF)
"How the FIA data and sustainability analysis relate to the Forest Plan and available timber "Below are photos from Andrew Johnson's powerpoint and quotes from the Glossary of the Black Hills National Forest Land and Resource Management Plan 2006 - at pages Glossary -67-68"DBH" stands for "diameter at breast height".
"Structural Stage 1 (Grass/Forb): The grass/forb stage was historically a product offires, windthrow or similar disturbances. Under forest management, this stage can becreated through harvesting. This stage is dominated by grasses and forbs lasting untiltree seedlings become established."
Structural Stage 2 (Shrub/Seedling): The shrub/seedling stage consists of shrubssuch as chokecherry, rose and serviceberry along with tree seedlings. A stand remainsin Stage 2 until the tree seedlings reach one inch diameter at breast height (DBH),which should take less than a decade
Structural Stage 3 (Sapling/Pole): The sapling/pole stage consists of trees withstems one to nine inches DBH. This stage typically persists up to 30 years to age 70.Less than 40 percent canopy closure is 3A; 40 to less than 70 percent canopy closuresis 3B; and greater than 70 percent canopy closure is 3C. Understory production isinversely related to overstory pine canopy cover.
Structural Stage 4 (Mature): The mature stage begins when trees reach the 9-inchDBH class. Trees remain in this stage until they are about 160 years old. As withStructural Stage 3, understory productivity depends upon the overstory canopy cover.Less than 40 percent canopy closure is 4A; 40 to less than 70 percent canopy closuresis 4B; and greater than 70 percent canopy closure is 4C. The sizes of trees in thisstage will vary depending upon growing-site potential and the density of the stand.
Structural Stage 5 (Late Succession): This structural stage is characterized by verylarge trees (16+ inches DBH). Trees are at least 160 years in age; ponderosa pinethat reach this age are commonly referred to as “yellow barks.” Late successionponderosa pine may occur in dense stands, but may also grow in the open or in “parklike”stands (Mehl 1992).
=================================== ====================================================================
A not sustainable cut is not desirable, as viability of some wildlife species will be at risk and values such as some habitats, scenic quality, back country recreational & water quality will be harmed. The Forest has less than .5% old growth left, the Forest Plan says it was supposed to provide at least 5%. Some species at risk include the northern goshawk, brown creeper and black backed woodpecker that need mature dense stands, and the pgmy nuthatch that needs large old yellow barks. The forest does not have money, or ways to generate revenue to pay for all the needed pre-commercial thinning of the huge area of understory baby pine trees.
Here is a link to the Forest Service's (FS) web page on this topic:
Webinar link
https://usfs.adobeconnect.com/pf84e9rqbh6f/?launcher=false&fcsContent=true&pbMode=normal&proto=true.
The BHNF has admitted it is cutting the pine trees at a faster rate than the trees can replace themselves. They have very little old growth (structural stage 5) left - less than1 percent (.6 percent) and an inadequate supply of one of their other structural stages for adult pine stands (SS4B) . If cutting continues at the current rate, they will run out of saw timber in about 30 years.
"How the FIA data and sustainability analysis relate to the Forest Plan and available timber "
FEDERAL ACTIVITIES SECTION========================================
Wildlife watching exceeds hunting/fishing for participantsThere is a newer version of this
2016 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation: National Overview Download the USFWS survey on wildlife related recreation 2016. Wildlife watching - page 7, fishing- page 5, hunting -page 6 Nationwide: Total wildlife watching expenditures: $75.9 billion, Total fishing expenditures: $ 46.1 billion, Total hunting expenditures: $ 25.6 billion, Total wildlife watching participants: 86.million, Total Anglers 35.8 million, Total hunters: 11.5 million Of this Wildlife Watching subset Wildlife watching away from home: 23.7 million participants or at watching home: 81.1 million; --- Observe Wildlife away from home:19.6 million, at home 43.8 million, Photograph Wildlife away from home:13.7 million, at home 30.5 million Feed wildlife away from home: 4.9 million, at home 59.1 million, Visit public parks or areas 11.4 million; Maintain plantings or natural areas 11.0 million Bird Observers: 2016 Away-from-Home Observers : 16.3 million Around-the-Home Observers: 38.7 million
Total Bird Observers: 45.1 million==================================
=========================We include link to another report, done just for SD by SD Game, Fish and Parks"Economic Impact of Hunting, Fishing, Trapping, Boating, and Wildlife Viewing in South Dakota"=====
"South Dakota Game, Fish and Parks commissioned this study to estimate the regional and statewide economic activity generated by the State’s fish, wildlife and boating-related resources. Drawing from license sales records and survey-based data sources, this report presents economic contributions based on retail spending in South Dakota attributable to recreational fishing, hunting, wildlife viewing, boating and trapping. "---Please note the report does not include income from "at home wildlife watching" - which is very significant in the federal study..
=========================
===================================================================================================================Wild Earth Guardians Alert on Trump's latest attack on the Endangered Species Act, late August 2020
==========================We are not sure what will happen to this bill due to pandemic, we think it is on hold.Recovering America’s Wildlife Act PHAS and the National Audubon Society support the Recovering America’s Wildlife Act bill - it is in the House.It seeks to increase federal funding to state and tribal wildlife agencies, to protect "at risk wildlife".
RAWA passed out of the House Natural Resources Committee by a vote of 26-6. All of the Democrats voted for it, and 7 of the 13 committee Republicans voted for it. Such an overwhelming, bipartisan vote should provide real momentum for the bill. All totaled, RAWA now has 163 co-sponsors, including 41 Republicans. Such a large number of co-sponsors should also help make it easier for the bill to move forward towards a successful House floor vote. It may go to the floor in February or March.
Dusty Johnson, John Thune, Mike Rounds are not yet co-sponsors or indicated support
(as of Feb 6th). Link to the billHere is a link to some basic South Dakota-centric facts regarding the bill that might be good to include in your message:
National Audubon Society Review of the bill:
Excerpt from above NAS article:"In wildlife action plans submitted to USFWS, state agencies have identified some 8,000 animal species of “greatest conservation need,” including more than 800 birds. To implement those plans and keep species from sliding toward extinction, each state would need an average of $26 million a year—a total of $1.3 billion. But current federal spending for state and tribal wildlife grants falls far short of the mark, "
National Wildlife FederationHere are some South Dakota media hits that might be helpful:
There is a resolution to support this in the SD Legislature, passed house and to be considered next in Senate Ag and Natural Resources (as of 3/2/20)============== ================================================================================= Endangered Species Act under Attack - Contact Congress=====================================================================================================Trump's Department of Interior rule-making to harm the Endangered Species Act
National Audubon Society Alert - Send a letter to SD congress members:
New York Times Article
Earth Justice Alert:
Common Dreams Article
=======================================================
Trump Administration to delist wolves,
Trump strips protections for endangered gray wolves
"Hunters and ranchers celebrate while conservationists say wolves will be hunted to extinction".
link to Washington Post article:
=============================================================
RAWA passed out of the House Natural Resources Committee by a vote of 26-6. All of the Democrats voted for it, and 7 of the 13 committee Republicans voted for it. Such an overwhelming, bipartisan vote should provide real momentum for the bill. All totaled, RAWA now has 163 co-sponsors, including 41 Republicans. Such a large number of co-sponsors should also help make it easier for the bill to move forward towards a successful House floor vote. It may go to the floor in February or March.
Dusty Johnson, John Thune, Mike Rounds are not yet co-sponsors or indicated support
(as of Feb 6th)
Here is a link to some basic South Dakota-centric facts regarding the bill that might be good to include in your message:
Excerpt from above NAS article:
National Wildlife Federation
Here are some South Dakota media hits that might be helpful:
Trump strips protections for endangered gray wolves
"Hunters and ranchers celebrate while conservationists say wolves will be hunted to extinction".
Washington Post Article:
Tracking Biden’s environmental actions
The new president is unwindingTrump’s legacy while forging his own
https://www.washingtonpost.com/graphics/2021/climate-environment/biden-climate-environment-actions/
"In just over three months, President Biden has begun to transform the nation’s energy and environmental landscape, according to a Washington Post analysis, by overturning 29 of former president Donald Trump’s policies and finalizing 19 of his own. From pausing new oil and gas leasing on public lands and waters to rejoining the Paris climate agreement, Biden has elevated the issue of climate change across the U.S. government and signaled a shift away from fossil fuels."
===================================================================
Washington Post article Trump rolls back 125 Environmental Regulations/Policies
Trump rolled back more than 125 environmental safeguards. Here’s how.
"The administration has allowed more pollution, drilling and loggingwhile weakening protections for animals such as bees, bears and birds"
https://www.washingtonpost.com/graphics/2020/climate-environment/trump-climate-environment-protections/?itid=hp-more-top-stories
"In just over three months, President Biden has begun to transform the nation’s energy and environmental landscape, according to a Washington Post analysis, by overturning 29 of former president Donald Trump’s policies and finalizing 19 of his own. From pausing new oil and gas leasing on public lands and waters to rejoining the Paris climate agreement, Biden has elevated the issue of climate change across the U.S. government and signaled a shift away from fossil fuels."
=======================================================
There is a Oct 15, 2020 update of the New York Times Article - a summary of Trump's war on environmental regulation -The Trump Administration Is Reversing Nearly 100 Environmental Rules. Here’s the Full List. Here is an earlier July 15th, version, New York Times Article
"The Trump Administration Is Reversing 100 Environmental Rules. Here’s the Full List."Link to a New York Times Article, updated July 15th, 2020https://www.nytimes.com/interactive/2020/climate/trump-environment-rollbacks.html
Excerpt from article:After three years in office, the Trump administration has dismantled most of the major climate and environmental policies the president promised to undo.
Calling the rules unnecessary and burdensome to the fossil fuel industry and other businesses, his administration has weakened Obama-era limits on planet-warming carbon dioxide emissions from power plants and from cars and trucks, and rolled back many more rules governing clean air, water and toxic chemicals. Several major reversals have been finalized in recent weeks as the country has struggled to contain the spread of the new coronavirus.
In all, a New York Times analysis, based on research from Harvard Law School, Columbia Law School and other sources, counts counts nearly 70 environmental rules and regulations officially reversed, revoked or otherwise rolled back under Mr. Trump. More than 30 additional rollbacks are still in progress."
Rollbacks completed - 68 Rollbacks in process - 32; Total rollbacks - 100 The sequence of numbers is
1) # of rollbacks completed, 2) # in progress and 3) total # rollback -- these numbers appear to right side of text
Air pollution and emissions - 19, 8, 27, Drilling and extraction - 11, 8, 19, Infrastructure and planning - 12, 1, 13 Animals - 11, 1, 12 Toxic substances and safety - 6, 2, 8 Water pollution - 4, 7, 11, Other - 5, 5, 10
We suggest you read the article to learn more details on rollbacks- see link above Also Nancy can send you a PDF of the Article (nhiding (at) rapidnet.com) PHAS has sued Trump Administration over greater sage grouse management plans, We won an injunction & are thus part of fighting these 100 roll backs, under animals.
TRUMP HARMS NEPAOn January 10, the White House Council on Environmental Quality (“CEQ”) published a Notice of Proposed Rulemaking (“NPRM”) that would revise NEPA’s implementing regulations.[1]=========
====================================Trump announced changes to NEPA rules in mid July.Articles about:https://www.theguardian.com/us-news/2020/jul/15/donald-trump-environmental-reviews-pipelines-highwaysCouncil on Environmental Quality publications:
CEQ’s website has the final CEQ NEPA rule, https://ceq.doe.gov/laws-regulations/regulations.html At the website, you can access the following documents. - The advance notice publication Federal Register version of the final rule: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-fr-notice-2020-07-16-prepublication.pdf
- CEQ’s response to comments: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-response-to-comments-2020-06-30.pdf (603 pages!)
- The “Regulatory Impact Analysis”: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-regulatory-impact-analysis-2020-06-30.pdf
- The redline version comparing soon-to-be former, and soon-to-be final, regs: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-redline-changes-2020-07-16.pdf
Proposed rule's text:Fact Sheet from Government"
Alerts
American Rivers: Don’t let the Trump administration kneecap NEPA!Audubon Society: Don’t Let the White House Gut the National Environmental Policy ActEarthjustice: PROTECT THE PEOPLE’S ENVIRONMENTAL LAWEnvironmental Defense Fund: Tell Trump: Don't Roll Back Environmental StandardsOhio Environmental Council: Action alertNational Wildlife Federation: Don’t Let the Trump Administration Mute Your Voice for WildlifeNRDC: Don’t let Trump silence the American people and embolden pollutersSierra Club: Stop One of the Trump Administration’s Biggest Environmental Assaults YetWaterkeeper Alliance: Undermining a Fundamental Law*WildEarth Guardians
================
Here is an earlier July 15th, version, New York Times Article
Excerpt from article:
====================================
Proposed rule's text:CEQ’s website has the final CEQ NEPA rule, https://ceq.doe.gov/laws-regulations/regulations.htmlAt the website, you can access the following documents.
- The advance notice publication Federal Register version of the final rule: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-fr-notice-2020-07-16-prepublication.pdf
- CEQ’s response to comments: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-response-to-comments-2020-06-30.pdf (603 pages!)
- The “Regulatory Impact Analysis”: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-regulatory-impact-analysis-2020-06-30.pdf
- The redline version comparing soon-to-be former, and soon-to-be final, regs: https://ceq.doe.gov/docs/laws-regulations/ceq-final-rule-redline-changes-2020-07-16.pdf
This is a long section, scroll past it to get to next INDEX of the Chronological events sectionT======================== legislature 2021==========================================================
SD Legislature 2021Jan 12th-March 11, with Veto day March 29thINDEXLegislative section (which is far below) has1. Reference links for the SD Legislature and other lobbyists/groups (moved to here)who have information relevant to environmental bills (moved here))2. Bill tracking for environmental and "good/bad government process" bills (moved here))3. Bulk e-mail lists of all legislators and some committees (DELETED)4. Information on some committees (DELETED)5. Expired alerts on some bills (moved here)6. Inititive and Referendum Reference (moved here)
The legislature is over , Noem may call it back in May or June for special session to address transgender athletics, medical marijuana and/or federal funds received
SD Legislative Research Council
Legislature's Calendar
To view bills and their progressTo get a copy of the Bill Status Report - published at end of day and lists history of all bills
To find all bills sponsored by your legislator
Join "My LRC"This is a service where the LRC will track bills or committees for you & let you know when a change in status occurs.You have to create an account & enter bills/committees of concern
Find your legislatorScroll down past the bill list and bill alerts to find House and Senate & committee's bulk e-mail address lists
Call and leave a message with the pages; The page will deliver your phone message to them. (during active session)Senate 773-3821House 773-3851
You can testify remotely if you contact the committee 24 hours in advance- details:link to Commitee e-mails
Kristi noem, SOUTH DAKOTA OFFICE OF THE GOVERNOR, 500 EAST CAPITOL AVENUE, PIERRE, SD 57501
During the legislature - Dakota Rural Action (DRA) & SD Camo Coalition Provide On-line Resources,
Dakota Rural Action (weekly updates)
DRA Legislative Guide -the guide has lots & lots of information, including legislator & committee lists)
SD Camo Coalition (daily updates - bill tracking )
Both organizations have full time lobbyists (Rebecca Terk and Chris Hesla)that cover environmental and outdoor recreation at least in part & they post daily alerts or post weekly summaries on their web pages and send to members & Camo Coalition sends out with on-line registration.Sierra Cub and SD Izaak Walton League (Ikes) have part time lobbyists (Ailee Johns and Paul Lepisto) and Ikes send weekly summaries to members and Sierra Club sends some alerts to members .Steven Wegman for South Dakota Renewable Energy Association will also lobby
SD DENR and GFP have bill tracking, available on their web sites.SDGFP link this year - https://gfp.sd.gov/legislative-updates/
DENR link this year (find legislative review on this web page)
https://denr.sd.gov/dfta/info/info.aspx
Other NGOs with bill tracking
SD Farm Bureau also has bill tracking:
https://www.sdfbf.org/policy-advocacy/state-legislative
Prairie Hills Audubon Society does some bill tracking, updated periodically
https://gfp.sd.gov/legislative-updates/
DENR link this year (find legislative review on this web page)
https://denr.sd.gov/dfta/info/info.aspx
Other NGOs with bill tracking
SD Farm Bureau also has bill tracking:
https://www.sdfbf.org/policy-advocacy/state-legislative
Prairie Hills Audubon Society does some bill tracking, updated periodically
Veto day March 29th has passed. Regular session is over. Legislature may be recalled by Governor in May or June for special session to address transgender athletics, medical marijuana and/or federal funds received Status of environmental bills full update - 4/1/21) Government process bills, full update - 4/1/21) . Let Nancy know what you think about bills, nhilding (at) rapidnet.com. - help us review bills.Please go & download the most current bill status report, (Link above) for exact status details.
ENVIRONMENTAL BILLS (full update - 4/1/21)
HOUSE (environmental) (full update - 4/1/21 )
HB 1027 Title: An Act to identify Water Management Board officers, authorize appointment of a prehearing officer, and define the duties of the pre-hearing officer. https://sdlegislature.gov/Session/Bill/22057UP IN COMMITTEE ON JAN 26TH, Passed 13 to 0, To House, placed on consent. Passed House 69 to 1,> AG & NR to COMMITTEE TUES. 2/9, passed 6 to 1, Senate Floor passed 34 to 1, 2/16 signed by Pres.> signed governor,States officer positions and creates option of pre-hearing officer and states duties
HB 1028 Title: An Act to revise petition requirements and the criteria for issuance of a water right permit.UP IN COMMITTEE ON JAN 26TH, Passed to floor & on 2/27 calendar, Passed House - 49 to 21 - see vote: https://sdlegislature.gov/Session/Vote/68004 to > S AG & NR to COMMITTEE TUES. 2/9, passed 4 to 3, Should go to the SENATE FLOOR 2/10.. Passed the senate floor 24 to 11, > go governor 2/16,signed Gov PHAS opposed, DRA has review in their literature - see link to their alert BELOW
House Bill 1029 Title: require a permit to conduct mining operations for certain ore milling facilities.UP IN COMMITTEE ON JAN 28TH, Passed 13 to 0, placed on Consent, Passed House > S Ag & N R , 2/18 IN COMMITTEE, sent to Senate Floor on Consent, vote 2/22, passed Senate 33 to 0, signed speaker/president, > Gov. signed
It proposes to regulate free-standing milling facilities. Right now there are no regs governing. This is progress.
House Bill 1034 Title: revise certain youth hunting requirements. https:/sdlegislature.gov/Session/Bill/22024/210653 , Amended & Passed House 56 to 13, > S Ag & N R, IN COMMITTEE 2/16, Passed 5 to 1, 2/17 Passed Senate , 34 to 0 , signed by speaker/president, signed gov.Changes the age definition for youth from 16 to 18, (youth get special deals from GFP)
House Bill 1035 Title: remove the locking seal requirement for the transportation of big game animals.FAILED House, YEAS 33, NAYS 36 will reconsider, Passed House YEAS 45, NAYS 25. , > S Ag & Nat R. IN COMMITTEE 2/11, passed 4 to 1, To Senate FLOOR 2/16, > passed 31 to 4, Signed by Speaker/President, signed gov. Does away with requirement in statute to have a locking device (tag). It would let SDGFP consider other ways to tag big game.
House Bill 1038 Title: make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and declare an emergency. https://sdlegislature.gov/Session/Bill/22052 UP IN COMMITTEE ON JAN 26TH, Ag and NR sent to Appropriations, IN COMMITTEE 2/8, passed 8 TO 0 , 2/10 H Floor passed 68 to 0 > Senate> Ag & NR IN COMMITTEE 2/18, 6 to 0 sent to > S Appropriations, IN COMMITTEE 3/2 > passed 8 to 0 > S floor 3/8 passed 35 to 0, > signed speaker/president > Gov signed Gives $500,000 to State Conservation Commission
HB 1039 Title: An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency. https://sdlegislature.gov/Session/Bill/22053 (to Appropriations) COMMITTEE 2/4, Passed 8 to 0 > H FLOOR, deferred, Passed 68 to 0 > Senate> Ag & NR IN COMMITTEE 2/18, 6 to 0 sent to > S Appropriations, IN COMMITTEE 3/2 passed 9 to 0, > Floor do pass 35 to 0, Signed by Speaker/President, > Gov signed, Gives $973,514 to fires suppression special fund
House Bill 1042 Title: Revise certain provisions regarding riparian buffer strips. https://sdlegislature.gov/Session/Bill/22063, > to H Ag & NR Hearing UP IN COMMITTEE 2/2/21, Amended, Passed 13 to 0, Amended & Passed 69 to 0, > S Ag & NR, in COMMITTEE 2/11, Passed & placed on consent, passed Senate, Signed by Speaker/President, > Gov signed ,Changes some criteria needed to get a tax break.- Limits certification to 10 year periods unless changed use or failed conditions ...
House Bill 1047 Title: provide limited deer and antelope licenses to landowners. > H Ag & NR, UP IN COMMITTEE ON Feb 4th, amended to limit such tags to #250, passed 9 to 4 > H FLOOR 2/8/20Passed 51 to 17 > S Ag & NR, UP IN COMMITTEE ON 3/4, > passed 4 to 2 > Floor, Senate passed 27 tp 8,>signed by speaker/president > gov. vote: https://sdlegislature.gov/Session/Vote/70897, SDGFP is supporting the ability of Non-Res landowners to get up to 2 tags for their land, as long as they own a min. of 160 contiguous ac, these proposed tags are good for only on their own land. Amended to limit total tags to 250/per year by lottery, although can be smaller number if herd health so dictates.
House Bill 1053 Title: An Act to establish an annual fee for certain electric motor vehicles.https://sdlegislature.gov/Session/Bill/22004, > Trans, amended and passed 10 to 0 > House Floor passed House 51 to 18 > UP IN COMMITTEE ON Feb 2/17, passed S Trans 6 to 1 to S Floor, deferred 2/18 to 2/22 , Senate passed 29 to 6, Signed speaker/president > Gov signed,In addition to license fee, pay $50 fee per year for non-commercial electric vehicles, but not motorcycles
House Bill 1066 Title: authorize the transfer of wind energy tax revenue from a school district general fund.> H Education , UP IN COMMITTEE ON Feb 3rd, Amended & deferred UP IN COMMITTEE ON 2/10, passed 14 to 0 > House Floor , passed 68 to 0. > S Education, COMMITTEE 2/23, passed 6 to 1,> Floor 2/24 passed 35 to 0, Signed speaker > Gov signed
HB 1085 Title: An Act to redefine the criteria for classifying land as agricultural for tax purposes.> H Tax, UP IN COMMITTEE ON Feb 2nd , Amended Passed 10 to 2, Failed House Floor 34 to 35, Intent to reconsider, 2/5 Amended & passed 41 to 27, > S Tax > IN COMMITTEE 2/24 , amended & passed 5 to 2, > S Floor 3/1, Passed S floor 28 to 7,> 3/2 House concurred 68 to 1 > signed speaker/pres, > Gov signed This would impact smaller-scale ag enterprises and those closer to municipalities. It may also serve to force land out of ag production in places where development pressure is high.
HB 1094 - revise certain provisions regarding the municipal zoning and appeals process.> H Local Gov. , UP IN COMMITTEE ON Feb 2nd , Amended Passed 12 to 1 > H Floor, deferred twice,passed 50 to 18 > S Local Gov. UP IN COMMITTEE 3/3 , passed 5 to 1, 3/4 S Floor deferred,amended & passed 30 to 5 vote: https://sdlegislature.gov/Session/Vote/70882 , signed speaker/pres, > Gov signed Changes approval processes for conditional use and special permitted uses. Makes it easier to get approvals and keep status. This is a bad bill like SB 157 last year. Here is link to Dakota Free Press Article about this bill. http://dakotafreepress.com/2021/01/28/hb-1094-noem-guts-local-control-of-conditional-use-permits/
HB 1099 - revise the property tax exemption amount for certain agricultural property. https://sdlegislature.gov/Session/Bill/22167 > H Tax, UP IN COMMITTEE ON Feb 2nd , Tabled 12 to 0
House Bill 1111 Title: revise certain provisions regarding inspections and seizures by, and forfeitures involving, the Department of Game, Fish and Parks. https://sdlegislature.gov/Session/Bill/22148> H State Affairs, UP IN COMMITTEE ON Feb 3rd , passed 13 to 0 > H Floor, 2/4 deferred, Passed 68 to 0, > S Ag & Nat R.3/2 IN COMMITTEE > Passed 7 to 0 > Floor passed 35 to 0> signed by speaker/president > gov signed.
House Bill 1112 Title: revise the safety zone within which a firearm may be discharged.https://sdlegislature.gov/Session/Bill/22183 > H Ag & Nat R.> IN COMMITTEE 2/23 passed 10 to 2, > H Floor 24th, Failed 27 to 40, DEAD vote: https://sdlegislature.gov/Session/Vote/70149Changes the distance restrictions from 660 feet to 900 feet for hunting/trapping on highways or right of ways near dwellings/church/school/livestock without owner's written permission. Exception allows trapping in the restricted area for adjoining land owner or with written permission from owner. This will help protect pets/children/livestock/people from accidental take. PHAS supports - this improves safety for humans and domestic animals. We have a long term campaign to reform some of trapping regulations in SD - this setback helps..
House Bill 1115 Title: revise the qualifications of Game, Fish and Parks Commissioners. > H Ag & Nat R. In COMMITTEE 2/9, Passed 12 to 0, > Floor 2/10, Passed 45 to 22, > S Ag & Nat Res. COMMITTEE 3/2, DEAD, split 4 to 3, vote: https://sdlegislature.gov/Session/Vote/70442, Removes balance between political parties. Currently the Commision has 8 folks on it, and at least half must make two thirds of their living from agriculture and no more than 4 can be from one political party. This change would remove the required balance in parties, allowing the Governor to just appoint Republican friends.There is no requirement of providing for balance of sexes, or for a distribution of conservationists, outdoor recreators, animal welfare advocates, representation for tribal folk etc. PHAS opposes
House Bill 1116 Title: make an appropriation for the maintenance and repair of the dam in Lake Andes and to declare an emergency https://sdlegislature.gov/Session/Bill/22263 > H Ag & Nat R. In COMMITTEE 2/9, > DEAD , 9 to 3 One million to repair the dam.
House Bill 1121 Title: establish criteria governing the sale of homemade food items. > H Commerce & En > Local Gov , In COMMITTEE 2/23, DEAD, 10 to 3, DRA is following this bill House Bill 1133 Title: reduce fees for annual state park licenses for South Dakota residents.> H Ag & Nat R. In Committee 2/23, DEAD 12 to 1, Would set resident entrance fee at 25% less than the fee for nonresidents.
House Bill 1138 Title: revise provisions regarding the issuance of state park camping permits.> H Ag & Nat R, in Committee 2/23, amended & passed 10 to 2, passed H floor 2/25 42 to 24,> S Ag & NR, 3/4 In COMMITTEE, > DEAD, residents get twice as long to reserve as non-residents, opponents concerned impacts to LWCF funds
House Bill 1140 Title: restrict the entry of conservation officers onto certain private land without permission.https://sdlegislature.gov/Session/Bill/22226, > H Ag & Nat R., Feb. 16th, 7:45 am CT., passed 10 to 2 > floor 2/17 2 pm CT. It passed House 41 to 28, - link to the vote https://sdlegislature.gov/Session/Vote/69359 > Judiciary, COMMITTEE March 2nd, was Temporarily DEAD, unanimous vote, Smoked out - reincarnation, second half amended and passed Senate with a split vote, signed by speaker/president > gov signed. https://sdlegislature.gov/Session/Vote/70843Requested by Gov. to oppose/kill open fields doctrine for GFP's conservation officers (game wardens) .“ Open Fields doctrine” is something ALL law enforcement people can use to protect and serve the public. It allows officers to check for violation of laws in the open space/outdoors on private land, but not inside homes. This bill takes away "open fields". This is especially important for wildlife related laws. PHAS opposes this bill.
House Bill 1149 Title: establish timberland as a separate classification of property for tax purposes, define the criteria for timberland classification, and set the tax parameters for property classified as timberland. > Taxation, COMMITTEE 2/16 Withdrawn at request of sponsor,
House Bill 1155 Title: remove certain restrictions on gifts of agricultural land. https://sdlegislature.gov/Session/Bill/21903 > Judiciary > H Ag & NR > TaxCOMMITTEE 2/23, passed & placed on consent , Floor passed 64 to 3, > S Ag & NR, > COMMITTEE 3/4 > uncontested placed on consent, passed 33 to 2 signed by speaker/president > gov. signed Allows for a gift of land to a nonprofit organization -
House Bill 1162 Title: establish the Re-Homestead South Dakota Program.> Ag & NR > Tax , In COMMITTEE 2/11, Dead, 10 to 3, sets up terms for small parcels to get ag. tax status.
House Bill 1170 Title: appropriate funds to pave Sheps Canyon Road in Fall River County.> Transp, In COMMITTEE 2/9, > DEAD 8 to 5, 4 million $ to pave the Road.
House Bill 1183 Title: establish certain provisions related to the names of geographic places.> State Affairs, IN COMMITTEE 2/24, DEAD, substitutes "naca topa" for scalp in place names
- House Bill 1190 Title: revise the process to vacate a part of certain highways.> Transport, In COMMITTEE 2/9, > deferred , In COMMITTEE 2/16, Tabled 10 to 0 Bill changes criteria for number of folk petitioning for rule making and allows local governments discretion to vacate just because they think it in public interest. Lessens the process to close roads - (companion bill is SB 136, see below, both bills in same Committee same day)
House Bill 1194 Title: authorize the review of certain executive orders issued by the President of the United States.Bill listed in the "Government section - scroll down.
House Bill 1198 Title: make an appropriation for a hydrology study of Brule County and to declare an emergency.https://sdlegislature.gov/Session/Bill/22378 > Ag & NR, In COMMITTEE 2/11> Appropriations > In COMMITTEE 2/17, 7 to 0, DEAD, $67,500 in funds to School and Public Lands for a Brule County study of Red Lake & American Creek.
House Bill 1202 Title: require that commercial pesticide applicators provide proof of financial responsibility. https://sdlegislature.gov/Session/Bill/22269 > Ag & NR, In COMMITTEE 2/23, DEAD 11 to 1, Proof of fiscal responsibility required - $100,000
House Bill 1213 Title: provide for an inventory of known abandoned mined lands and to make an appropriation.https://sdlegislature.gov/Session/Bill/22185 > Ag & NR, 2/22, Withdrawn at request sponsor, Request $250,000 for DENR and SDSMT to inventory
House Bill 1219 Title: An Act to provide for the betterment of agriculture in South Dakota (Has as new name about joining interstate meat packing compact) https://sdlegislature.gov/Session/Bill/12273> Ag & NR, In COMMITTEE 2/23, amended & deferred, passed 7 to 5, > 2/25 Floor FAILED 30 to 37 DEAD Hog house vehicle amended to be about joining interstate meat packing compact
House Bill 1235 Title: provide for the platting of certain land without infrastructure requirements.> Tax, In COMMITTEE 2/9, passed 13 to 0, placed on consent, Passed Floor 2/10 68 to 0 > S Local Gov.> In COMMITTEE, 2/24, passed placed on consent, 3/1 Passed Floor 34 to 1> 3/2 House Concurred> 3/3 signed by speaker/president > gov signed
House Bill 1237 Title: make an appropriation for the purpose of funding county and township roads and bridges and to declare an emergency. https://sdlegislature.gov/Session/Bill/22197 > Trans , In COMMITTEE 2/11 > to H Appropriations In COMMITTEE 2/23 > amended passed 9 to 0 > 2/25 Passed H Floor 68 to 0 > S Appropriations, In COMMITTEE 3/3 > amended, passed 9 to 0, S floor tabled 27 to 8
House Bill 1250 Title: repeal an exception to trespass liability on certain lands within national forests.https://sdlegislature.gov/Session/Bill/22468 > Ag & Nat R, In COMMITTEE 2/23, DEAD Would repeal an existing law that says owner not liable for animal's damage after wandering to unfenced land within BHNF (40-28-5)
House Bill 1253 Title: make an appropriation for developing the Mickelson Trail and to decla emergency.re an> H Transp, In COMMITTEE 2/18 > Amended and passed to Appropriations Committee, 7 to 5., House Appropriations, COMMITTEE Monday, 2/22, 10:15 am, > DEAD 9 To 0, Bill sponsor Derby says he will bring again next year. Sought 15 million to connect Mickelson trail to Mt Rushmore. The DEIS has not been completed, but they ask for emergency approval. At first they asked for 15 million, but the Agriculture and Natural Resources Committee reduced this to $1, conditioned it on completion of the EIS & sent to H Appropriations, which is a way to defer choice on amount of $$ to H Appropriations. Part of this trail would go through the Norbeck Wildlife Refuge, which is illegal. PHAS Opposes
House Bill 1256 Title: make an appropriation for the cleanup of the Big Sioux watershed and River and to declare an emergency. https://sdlegislature.gov/Session/Bill/22363 > Tax,> House Appropriations, COMMITTEE , Monday 2/22, 10:15 am,passed 7 to 0, H Floor passed 48 to 20 > S Appropriations,> COMMITTEE Tuesday 3/2 > 3/3 > passed 7 to 0, S passed 29 to 6, signed by speaker/president > gov. signed $20M for cleanup Big Sioux
House Bill 1259 Title: create the rural access infrastructure fund, to provide for the use and distribution of the fund, make an appropriation, and to declare an emergency. https://sdlegislature.gov/Session/Bill/22404> Transp, COMMITTEE 2/23 > Joint Appropriations IN COMMITTEE 3/1 & 3/1 Amended & passed 17 to 0 > 3/3 house amended & passed 69 to 0, 3/4 Senate waived committee, S amended and passed 35 to 0, signed by speaker/president > gov signedappropriated millions to counties for small structures on road systems
House Bill 1260 Title: repeal the South Dakota Board on Geographic Names. https://sdlegislature.gov/Session/Bill/22426
House Bill 1264 Title: make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency. https://sdlegislature.gov/Session/Bill/22056 > H Appropriations, COMMITTEE 2/22, passed 9 to 0,> Floor passed 66 to 2, > S Appropriations, COMMITTEE 3/2 >3/3 passed 9 to 0, signed by speaker/president > gov signed
House Bill 1278 Title: An Act to make an appropriation for the purchase of a new skid steer and to declare an emergency.> H Appropriations, COMMITTEE 2/22, passed, 7 to 1, Floor passed 60 to 8, > S Appropriations COMMITTEE 3/2, Tabled,6 to 0 $69,565 for new skid steer, which is a compact loader for construction or landscaping
House Concurrent Resolution 6010 Title: Calling on President Joe Biden and the United States Congress to prevent the enactment of energy policies that negatively impact the State of South Dakota, https://sdlegislature.gov/Session/Bill/22486 , Passed House, 60 to 7, > Commerce & Energy 3/2, passed 8 to 1, Senate concurred 32 to 3, https://sdlegislature.gov/Session/Vote/70660, Res. considers many pro-environmental actions as bad
SENATE BILLS (environmental) (full update 4/1/21 update)
Senate Bill 37 Title: update certain citations to federal regulations regarding pipeline safety inspections.https://sdlegislature.gov/Session/Bill/21990 PASSED SENATE 34 TO 0, > To House State Affairs, Passed, placed on consent, Passed House 69 to 0 > Gov & signed by her
Senate Bill 47 Title: An Act to make an appropriation for the maintenance and repair of state-owned dams and to declare an emergency https://sdlegislature.gov/Session/Bill/22039(to Ag & NR) Comm (1/21 to Joint Appropriations w/ favorable recommendation) IN COMMITTEE 2/17, Amended voice vote,IN COMMITTEE 3/1, do pass 18 to 0,> 3/3 S floor passed 35 to 0, > 3/4 house, waived committee, passed 68 to 0, signed by speaker/president > gov. signed
Senate Bill 50 Title: An Act to repeal the requirement for a well pump installer licensehttps://sdlegislature.gov/Session/Bill/22058 in Committee, but got to S Floor where it passed, > Commerce , Dead in H Committee 2/3/21
*Senate Bill 51 Title: An Act to transfer licensure of individuals who may alter, repair, construct, or install on-site wastewater systems to the Plumbing Commission. https://mylrc.sdlegislature.gov/api/Documents/210644.pdf ,PASSED SENATE 34 to 0, > to H Com & E, 2/8 to COMMITTEE > Passed 9 to 0 > 2/9, Passed H, 70 to 0,> Gov. signed
Senate Bill 52 Title: revise the permit duration on certain concentrated animal feeding operations.Passed 11 to 0, House FLOOR 2/16, PASSED 54 to 14 ,signed, > Gov. signed Increases length of permit from 5 to 10 years in certain instances,
Senate Bill 53 Title: revise certification and renewal fees for water supply and treatment system operators.https://sdlegislature.gov/Session/Bill/22061 , PASSED SENATE 33 TO 1 > H Ag & Nat R, 2/4 to COMMITTEE. Passed 9 to 4 > H Floor 2/5 deferred 2/8 FAILED 35 to 33 > Intent Reconsider, 2/9, H amended & passed 63 to 7, back to Senate, 2/16 Senate concurred 32 to 0, 2/17 > Gov,signed
Senate Bill 54 Title. make an appropriation to build a bison visitors center in Custer State Park and to declare an emergency.> Joint Approp. IN COMMITTEE 2/18, deferred action, IN COMMITTEE 3/1, 3/2, passed 14 to 4, moved to Floor passed 34 to 0, > House waived committee assignment, H passed 54 to 13, vote https://sdlegislature.gov/Session/Vote/70875by speaker/president > gov. signed
Senate Bill 72 Title: Revise notification requirements for listing and delisting species on the threatened and endangered species list. https://sdlegislature.gov/Session/Bill/21983> Ag & Nat R (UP IN COMMITTEE ON JAN 26TH) moved to floor vote 1/27, Passed, YEAS 35, NAYS 0. > H Ag & Nat R , IN COMMITTEE 2/25 - passed unanimous - 2 absent, On H Floor 3/1, Passed 58 to 11, signed speaker/president,.>gov signed PHAS objects - It codifies existing policy to have listing/delisting decision done as rule making (Unnecessary as has been done as rule making for 44 years), but it also unfortunately shortens public notice by 10 days (30-days to 20-days). We need to keep 30 days notice. Currently "defacto" public notice is 16.5 days as you have to send in written comments 3.5 days before the hearing (unless you attend hearing for oral testimony). .
SB 74 Title: An Act to revise certain provisions regarding drones https://sdlegislature.gov/Session/Bill/21802(UP IN COMMITTEE ON JAN 27TH) (transportation) Amended, passed unanimously, > S floor passed 34 to 0 > H Trans, IN COMMITTEE 2/9, passed 13 to 0, placed on consent, passed H Floor on 2/10 > signed by speaker/president> Gov. she signed, This seems a rewrite for clarity of sections protecting people's privacy from drones
Senate Bill 76 Title: Revise provisions regarding public access to certain meandered bodies of waters.https://sdlegislature.gov/Session/Bill/21820 (UP IN COMMITTEE ON JAN 26TH) DEAD, - YEAS 4, NAYS 3., Would allow Sec. of GFP to close portions of meandered waters to public for 2 years
Senate Bill 93 Title: make an appropriation to rehabilitate the rail line from west of the city of Fort Pierre through the city of Midland and to declare an emergency. https://sdlegislature.gov/Session/Bill/22078 > Transportation, 2/5 to COMMITTEE, Amended & referred J Appropriation,COMMITTEE, 2/22, amendment passed, COMMITTEE 3/1, 3/2 , passed 15 to 3, > floor passed 34 to 0, > House waived committee, passed 57 to 11, https://sdlegislature.gov/Session/Vote/70881 signed by speaker/president> Gov, signed increased cost to 20 million and distance increased to Rapid city, Senate Bill 113 Title: classify land used for horse husbandry as agricultural property for tax purposes.
Senate Bill 114 Title: revises residency requirements for the mentored hunting programhttps://sdlegislature.gov/Session/Bill/22161 > Ag & NR - 2/16 IN COMMITTEE DEAD 4 to 2,Removes resident requirement.
Senate Bill 127 Title: An Act to require the inspection of moisture-measuring devices and to establish fees.https://sdlegislature.gov/Session/Bill/22200, > S Ag & NR, IN COMMITTEE 2/18, 4 to 2 DEAD, To regulate moisture & protein measuring devices used in agricultural commodities .Senate Bill 134 Title: limit the required application of green building standards.> Local Gov, (UP IN COMMITTEE ON), Feb 5th, Amended, passed 3 to 2, 2/9 senate amended, passed 34 to 1, > H. Local Gov.> N COMMITTEE on 2/25 > Floor of House on 3/1, passed 63 to 6, 3/2 signed Pres/Speaker > gov she signedReduce the standards the state must comply with. Article about:https://rapidcityjournal.com/news/legislature/house-panel-oks-bill-to-reduce-environmental-standards-for-new-buildings/article_8ec9af02-9720-503a-96a8-0bba04b8d5ee.html/?&logged_out=1
Senate Bill 136 Title: change the criteria for a petition to vacate a highway > Transportation, In COMMITTEE 2/5, Amended & passed 5 to 1, To S FLOOR 2/9, passed 34 to 1 > H Transp. COMMITTEE 2/16, 11 to 0 passed > House Floor passed 68 to 0, > signed Pres/Speaker > Gov signed, As amended creates an easier way to petition for road closure (companion bill is SB 1190 see above, both bills in same Committee same day)
Senate Bill 147 Title: - revise certain provisions regarding records that are not open to inspection and copying. https://sdlegislature.gov/Session/Bill/22204. > Ag & NR - In COMMITTEE 2/16, 4 to 2, DEAD, Asks the Dept. of Ag to open pesticide application records. It would require Dept of Ag investigations into spray drift/chemical trespass cases to be made public. This would be progress
Senate Bill 151 Title: An Act to make an appropriation to provide for infrastructure to support Ellsworth Air Force Base and to declare an emergency, https://sdlegislature.gov/Session/Bill/22384 > State Affairs, 2/22 in COMMITTEE , passed 9 to 0 to Appropriations in COMMITTEE 2/24> in COMMITTEE 3/1, 3/2, Tabled 14 to 4
Senate Bill 159 Title: An Act to appropriate funds to enhance the Black Hills region and to declare an emergency.https://sdlegislature.gov/Session/Bill/22385 > Appropriations, 2/23 in COMMITTEE , Tabled,Hog house appropriations bill - just holding, do pass 8-0
SR 702 Title: Acknowledging the local disaster impacting the Hideaway Hills neighborhood in the community of Black Hawk, Meade County, South Dakota(Introduced)https://sdlegislature.gov/Session/Bill/22479 > S Local Gov, IN COMMITTEE 2/17. TABLED 7 to 0, Declares it a local disaster - maybe this might help with loans?
Senate Resolution of Disapproval 901 Title: Proposing to disapprove Executive Order 2021-03 as set forth on pages 52 to 64, inclusive, of the Senate Journal. https://sdlegislature.gov/Session/Bill/22489 > S Ag & NR, IN COMMITTEE 3/4 passed4 to 3, > floor S floor failed 17 to 18, to be reconsidered, failed to get enough votes DEAD
GOVERNMENT PROCESS BILLS (full update 4/1/21)
HOUSE Bills (government) (full update 4/1/21 )
House Bill 1050 Title: An Act to modify certain publishing requirements in official newspapers. Committee amended & passed YEAS 8, NAYS 5. to House Floor, fiscal note request, 2/3 Floor, FAILED 29 to 41,DEAD Seems to improve on-line availability of public notices with posting via newspapers
House Bill 1058 Title: authorize the recall of county commissioners.UP IN COMMITTEE ON JAN 26TH, DEAD vote 10 to 3
House Bill 1062 Title: authorize the recovery of costs for defending certain initiated amendments in court.https://sdlegislature.gov/Session/Bill/21988 (To Judiciary)1/26 Withdrawn by prime sponsor DEAD Sponsors of initiated measure to be responsible for costs of AG defending it if it loses in court & they were warned by AG it might be unconstitutional
House Bill 1090 Title: An Act to modify certain requirements for domestic not-for-profit corporations and to declare an emergency. 1090, https://sdlegislature.gov/Session/Bill/22164, House passed 69 to 0, Committees have passed forward unanimously Up on Senate Floor 2/17, amended & passed 33 to 0, 2/22 House concurred amendments 66 to 2,, signed speaker/president > Gov signed This allows for some meetings of members of corporations to be held electronically in some instances
House Bill 1100 Title: modify the medical marijuana program, to create an interim committee to recommend implementation of the medical marijuana program, and to remove and clarify penalties for marijuana use under certain circumstances. https://sdlegislature.gov/Session/Bill/21938, Amended a bunch, passed both houses with different versions, DEAD died via failure of houses to agree after conference committee This would have changed key provisions of IM 26–the medical marijuana initiative that voters approved by nearly 70% last November. It was amended 4 times and died at the end in conference committee with the House not being able to agree with the Senate (who had a version more respectful of citizen's vote)
House Bill 1106 Title: require that training on Native American law be provided to legislators and legislative staff.
House Bill 1117 Title: revise provisions for public meetings held by teleconference. > Local Gov. UP IN COMMITTEE ON Feb 4th , passed 7 to 6, to Floor amended, FAILED 11 to 57 ,DEAD,
House Bill 1119 Title: revise certain references to secondary elections.> Local Gov. , UP IN COMMITTEE ON Feb 4th, passed 13 to 0, passed on consent 69 to 0 > S Local Gov> IN COmmittee 2/24>uncontested > S Floor Do pass 33 to 0 > signed speaker/President >Gov signedChanges "secondary elections" to "run off elections"
House Bill 1120 Title: establish a website for the posting of notices for certain local governments.> Local Gov. , UP IN COMMITTEE ON Feb 11th , Tabled 2/11State website for posting of notice of local government meetings to be created ,
House Bill 1124 Title: modify certain requirements concerning the printing of ballots. > State Affairs, IN COMMITTEE 2/8, deferred To 2/17, amended & passed, 12 to 1, 2/22 Passed House 66 to 1> H Local Gov, UP IN COMMITTEE 3/3, passed 7 to 0, S Floor passed 31 to 3, vote: https://sdlegislature.gov/Session/Vote/70817 , signed speaker/pres. > Gov signed, delaying ballot printing during challenge to the ballot
House Bill 1125 Title: define adjournment for the counting of ballots.> State Affairs, IN COMMITTEE 2/8, passed 11 to 1, > Floor 2/9 Passed 58 to 12 > S Local Gov. IN COMMITTEE 2/24 > 5 to 2,Floor passed 29 to 4> signed speaker/pres.> Gov signed,
House Bill 1126 Title: revise certain provisions regarding absentee ballots.> State Affairs, IN COMMITTEE 2/8, amended passed 11 to 1, > Floor 2/10, passed 52 to 16 > S State Affairs 3/1> DEAD 9 to 0prohibits SOS from sending unsolicited absentee ballots at any time.
House Bill 1127 Title: revise certain provisions regarding official meetings conducted by teleconference.> Local Gov., COMMITTEE ON Feb 4th, Passed 12 to 1, Passed Floor 2/8, 50 to 18, > Senate > L gov. COMMITTEE 3/3 > S Floor 33 to 0, signed speaker/pres > Gov signed, allows for voice voting vs roll call with some limits,.
House Bill 1128 Title: establish requirements for public meeting notices and materials.> Local Gov., UP IN COMMITTEE ON Feb 11th 10 am, DEAD 11 to 1, text clean up, except it limits access to material for contested proceedings,
House Bill 1129 Title: establish requirements for livestreamed public meetings> Local Gov., UP IN COMMITTEE ON Feb 4th > Feb 11th 10 am, no action on 4th, DEAD 12 to 0, places 5 conditions/limits on the type of platforms/websites that can host live streamed public meetings - one limit is it can't require public to create an account,
House Bill 1156 Title: provide opportunities for the questioning of the Governor and the congressional delegation.> State Affairs , IN COMMITTEE 2/22, Dead 13 to 0, Governor to answer legislators questions after address, Federal congressional to be invited to legislature to answer questions
House Bill 1187 Title: require schools to provide instruction on South Dakota's tribal history, culture, and government.
House Bill 1194 Title: authorize the review of certain executive orders issued by the President of the United States.> State Affairs , In COMMITTEE 2/24, amended passed 7 to 4, 2/25 Floor vote 43 to 25 passed, Review of Presidential executive orders by Ex. Board of LRC and then Attorney General and if found unconstitutional it will be challenged and/or if it restricts constitutional rights and is related to some topics, the Presidential order shall be ignored in SD. Several topics highlighted are related to the environment such as regulation of land use, of natural resources, agriculture and imposition of environmental standards on finance.
House Bill 1197 Title: require the attorney general be licensed to practice law in the state. > State Affairs, In COMMITTEE 2/22, placed on consent, Floor passed 67 to 2, > S Judiciary, COMMITTEE 3/2 passed, placed on consent, 3/4 Senate Floor passed 31 to 3, signed speaker/president, > gov. signedvote: https://sdlegislature.gov/Session/Vote/70817
House Bill 1199 Title: establish the Office of Liaison for Missing and Murdered Indigenous Persons. > State Affairs, In COMMITTEE 2/22, passed 9 to 4> Floor passed 57 to 12 > S Appropriations, COMMITTEE 3/4 passed 7 to 0, placed on consent, 3/8 passed 33 to 0, signed speaker/president, > Gov signed,
House Bill 1227 Title: create a requirement for the distribution of certain voter information.> Local Gov., Withdrawn by sponsor,
House Bill 1229 Title: establish fees for information provided from the statewide voter registration file.> Local Gov., IN COMMITTEE 2/18, DEAD 10 to 3, Legislature rather than SOS set fees; fees listed
House Bill 1243 Title: protect the consumer in South Dakota.https://sdlegislature.gov/Session/Bill/22448 > H State Affairs, IN COMMITTEE 2/24, Tabled 1 to 0 hog house vehicle,
House Bill 1245 Title: modify the time period for absentee voting. > State Affairs > IN COMMITTEE 2/10, DEAD 7 to 6,would have shortened absentee voting by 16 days.
House Bill 1249 Title: revise fiscal note requirements for initiative and initiated amendments. > H State Affairs, IN COMMITTEE 2/10, tabled 13 to 0
House Bill 1271 Title: make an appropriation for the purchase of a new online voter registration system and to declare an emergency., https://sdlegislature.gov/Session/Bill/22464 > H Appropriations, amended passed 5 to 3, 2/24 Failed House Floor 31 to 34 , DEAD
House Concurrent Resolution 6001 Title: supporting the amendment of the Sioux - Dakota Removal Act. https://sdlegislature.gov/Session/Bill/21811 > (to State Affairs)IN COMMITTEE 2/5, DEAD, 9 to 4
House Concurrent Resolution 6002 Title: regarding the standards of conduct for legislators.
House Concurrent Resolution 6006 Title: Urging efforts to increase competition and transparency among livestock packers.https://sdlegislature.gov/Session/Bill/22382 > Ag & NR, N COMMITTEE 2/18, amended & passed 11 to 0, Passed H floor 51 to 18 > Senate Ag & NR IN COMMITTEE 3/4 passed 5 to 6> Senate concurred 34 to 1
House Concurrent Resolution 6007 Title: To provide for an interim study regarding foreign ownership of agricultural land. https://sdlegislature.gov/Session/Bill/22081 > Ag & NR, 2/22 > Floor Passed 41 to 28, > S Ag & NR 3/4, DEAD 5 to 2
House Joint Resolution 5001 Title: To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office for federal officials and members of Congress. > https://sdlegislature.gov/Session/Bill/21936 ( to State Affairs) 2/1 DEAD, 8 to 5
House Joint Resolution 5002 Title: Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies. https://sdlegislature.gov/Session/Bill/12293 State Affairs passed 8 to 5, 2/2 House Floor Failed 23 to 46 DEAD
House Joint Resolution 5003 Title: Proposing and submitting to the voters at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to a three-fifths requirement for certain initiated constitutional amendments or measures. https://sdlegislature.gov/Session/Bill/22243 > State Affairs, 2/10 passed 11 to 2, H FLOOR 2/16, amended & passed 56 to 12 > S State Affairs > COMMITTEE 3/1, passed 6 to 3 , 3/2 S Floor vote passed 18 to 17, vote: https://sdlegislature.gov/Session/Vote/70524, signed speaker/president, > SOS Requires a 3/5th vote for some amendments & initiated measures - ones that would spend 10 million $ over 5 fiscal years,
SENATE BILLS (government) (full update 4/1/21)
Senate Bill 24 Title: allow a change of voter registration information through an online system provided by the Office of the Secretary of State. https://sdlegislature.gov/Session/Bill/22029 > State Affairs, 1/22 Amended and > Floor, 1/26 Passed Senate 21 to 13. > House State Affairs COMMITTEE 3/1, DEAD 7 to 6
Senate Bill 71 Title: designate Juneteenth Day as a working holiday. https://sdlegislature.gov/Session/Bill/21784, State affairs, UP IN COMMITTEE ON JAN 27TH passed 7 to 2,, Amended & Passed Senate 26 to 8, > State affairs, COMMITTEE 3/1 , passed 13 to 0, House Floor failed 31 to 36, DEAD, https://sdlegislature.gov/Session/Vote/70537
Senate Bill 77 Title: Require certain font size for initiated measure petitions and constitutional amendment petitions.https://sdlegislature.gov/Session/Bill/21810 Senate passed 20 to 13, 3/1 House passed 59 to 10, vote:https://sdlegislature.gov/Session/Vote/70315, House failed to concur, appoint conference committee, 3/5 hearing, amended to make effective date in Nov 10, 2021, passed 4 to 2, House passed 58 to 10, Senate 19 to 14, signed by president/speaker> Gov signed, Article on http://dakotafreepress.com/2021/02/28/house-set-to-erode-initiative-with-14-point-font-and-20-day-delay/
Senate Bill 80 Title: provide for counties and municipalities in the legislative redistricting process.> State Affairs, UP IN COMMITTEE ON JAN 27TH, Passed 8 to 1, 2/1 , Amended, Passed S floor 24 to 11 vote: https://sdlegislature.gov/Session/Vote/68144 > H State Affairs > COMMITTEE 3/3 passed 10 to 3, 3/4 House amended text and title & passed 57 to 11,vote: https://sdlegislature.gov/Session/Vote/70816, Senate concurred 31 to 3, vote: https://sdlegislature.gov/Session/Vote/70960, signed by president/speaker > Gov signed,, senate added protections for counties/cities during re-districting, but the house removed it.
Senate Bill 86 Title: revise certain requirements regarding the review of initiated amendments to the Constitution. https://sdlegislature.gov/Session/Bill/21906 > (to State Affairs) IN COMMITTEE 2/5 , Amended and Passed 8 to 1, Passed S Floor, 31 to 3, > H State Affairs COMMITTEE 3/1 , passed 11 to 2, 3/2 House passed 58 to 9, signed by president/speaker > Gov signed,, The SOS is to certify if initiated measures are one subject and an amendment rather than a revision to constitution .- with appeal to Supreme Court
Senate Bill 87 Title: An Act to exempt health benefit plans sponsored by nonprofit agricultural organizations from insurance regulation https://sdlegislature.gov/Session/Bill/22143 COMMITTEE ON 1/28, passed 7 to 1, To S Floor, 2/3 amended, passed 19 to 15, > H Ag & NR, COMMITTEE 2/9 passed 11 to 1, > to H Floor 2/10, passed 50 to 16 , signed by president/speaker > Gov signed
Senate Bill 91 Title: authorize ranked-choice voting for certain local elections. https://sdlegislature.gov/Session/Bill/22074 > Local Gov, In COMMITTEE 1/27, Dead 6 to 1 Would allow municipalities the option of having ranked choice voting.
Senate Bill 102 Title: protect voter registration information for certain voters.> Judiciary , COMMITTEE 2/4, passed 6 to 0, > S Floor, passed 33 to 0, > H Local Gov.,In COMMITTEE 2/18 > passed placed on Consent, 2/22 68 to 0, signed by president/speaker > Gov signed
Senate Bill 103 Title: provide for the confidentiality of personal information of persons affiliated with nonprofit corporations and to provide a penalty therefor. https://sdlegislature.gov/Session/Bill/22099 > Commerce & Energy, COMMITTEE 2/11, amended & passed 8 to 1, Senate Floor 2/17, YEAS 33, NAYS 2. > H state Affairs, amended & Passed 11 to 2, > floor 3/3 passed 55 to 13 vote: https://sdlegislature.gov/Session/Vote/70679 signed by president/speaker > Gov signed , Entirely new section of law to insure privacy of persons affiliated with nonprofit corporation. Some of this privacy is already provided by civil rights era Supreme Court decision NAACP v. Alabama. This may have some unintended consequences.
Senate Bill 112 Title: establish requirements for filling the vacancies of certain constitutional offices. > State Affairs, To COMMITTEE 2/1 Passed 9 to 0 , > S Floor, passed 32 to 2 > H State Affairs COMMITTEE 3/1, Do pass 10 to 1> Floor 3/3 H passed 54 to 14 vote: https://sdlegislature.gov/Session/Vote/70677 , signed by president/speaker > Gov signed Adds section to allow governor to fill constitutional office vacancies with consent of senate
Senate Bill 116 Title: An Act .to revise certain provisions regarding voter registration records> Local Gov., To COMMITTEE Feb 17th, 7:45 am, > DEAD, 6 to 1, This bill would require monthly purging of dead, mentally incompetent & felons. It creates a process for Auditor to mail out notices that must be replied to or registration must be updated to keep voter registration.
Senate Bill 123 Title: require a comment period for the attorney general's statement regarding initiated measures and initiated amendments. https://sdlegislature.gov/Session/Bill/22240 > State Affairs To COMMITTEE, Feb 10th, Amended & Passed 7 to 1, likely on floor 2/12 > Senate passed 32 to 3 > H Local Gov. In COMMITTEE 2/25 amended & passed 13 to 0 > H FLOOR 3/2, passed 65 to 3, senate concurred with amendments, 34 to 0, signed by president/speaker > Gov signed,See an article on http://dakotafreepress.com/2021/02/28/house-set-to-erode-initiative-with-14-point-font-and-20-day-delay/
Senate Bill 125 Title: temporarily require the wearing of face coverings in the state under certain conditions and to declare an emergency., https://sdlegislature.gov/Session/Bill/22070 > Health and Human Services > Floor without recommendation, DEAD, killed on Senate floor 2/4, 7 to 25, Required face mask in certain conditions Senate Bill 142 Title: modify the meeting place and notice requirements for county commission meetings.> S Local Gov, To COMMITTEE, Feb 3rd, Amended passed 6 to 0, S Floor passed 33 to 0 > H Local Gov., To COMMITTEE 3/2, passed 12 to 0, placed on consent 3/3 passed house 69 to 0 , signed by president/speaker > Gov signed,
Senate Bill 145 Title: revise the process of filling vacancies for candidates for elected office.https://sdlegislature.gov/Session/Bill/21992 > S State Affairs, To COMMITTEE Feb 17th, passed 8 to 0, placed on consent , passed Floor 32 to 0 > H Local Gov 3/4 > passed 13 to 0, placed on consent, passed 66 to 2 , signed by president/speaker > Gov signed,
Senate Bill 147 Title: revise certain provisions regarding records that are not open to inspection and copying.> S Ag & Nat R > 2/16 DEAD, 4 to 2, Would open up records of inspections by Dept of Ag.
Senate Bill 161 Title: revise the qualifications to serve as a trustee of a county road district. https://sdlegislature.gov/Session/Bill/22291,To COMMITTEE Feb 17th, passed, 7 to 0, placed on consent, passed 2/22 > H Transp. To COMMITTEE 3/2, passed placed on consent, 3/3 H floor passed 69 to 0 , signed by president/speaker > Gov signed,Depending on population on road, must live or own property along road to serve as a trustee
Senate Bill 184 Title: require the sorting of absentee ballots.https://sdlegislature.gov/Session/Bill/22355 > S Local Gov, To COMMITTEE Feb 17th, passed 7 to 0, > 2/22 Floor passed 35 to 0, > H State Affairs, To COMMITTEE 3/1 placed on consent, passed > Floor 3/2 passed 69 to 0, signed by president/speaker > Gov signed, Changes 2 "mays" to "shalls", signed Pres.,Senate Concurrent Resolution 601 Title: Urging the members of South Dakota's congressional delegation to vote against any act admitting the District of Columbia as a separate state.,https://sdlegislature.gov/Session/Bill/21824 Amended & Passed Committee, YEAS 8, NAYS 1., Amended & passed Senate 32 to 3, 2/1 House concurred 62 to 8, ,
Senate Concurrent Resolution 602 Title: Supporting a United States Constitutional amendment to retain nine justices on the United States Supreme Court. https://sdlegislature.gov/Session/Bill/22220 > Judiciary, COMMITTEE, Feb 4th, passed 4 to 0, 2/5 Senate passed 29 to 2, House concurred 60 to 8.
-Senate Concurrent Resolution 604 Title: CONCURRENT RESOLUTION, Supporting trade negotiations to remove barriers to country of origin labelling. https://sdlegislature.gov/Session/Bill/22179> (To Ag & NR) COMMITTEE, Feb 2nd, Passed 6 to Zero , Passed Senate 34 to 0 > H Ag & NR > Up COMMITTEE FEb 16th,passed & placed on consent, passed House concurred 68 to 0,
Senate Joint Resolution 501 Title: Rescinding a House Joint Resolution calling for a constitutional convention for the sole purpose of changing the Constitution of the United States. https://sdlegislature.gov/Session/Bill/21803 > State Affairs Up COMMITTEE 2/8, Passed w/o recommendation, Failed in Senate 17 to 18, To rescind a 2015 resolution of the Legislature
Senate Joint Resolution 502 Title: To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office for federal officials and members of Congress. https://sdlegislature.gov/Session/Bill/22435 > State Affairs , Up COMMITTEE 2/24 failed 5 to 4 , DEAD
Senate Resolution 701 Title: In support of rescinding the Medals of Honor given to United States soldiers for the involvement and participation of the soldiers in the Wounded Knee Massacre of 1890. https://sdlegislature.gov/Session/Bill/22244 > to Military and Vets > 2/16 Up COMMITTEE, Amended & passed 5 to 0. 2/22 Senate passed 35 to 0As amended, it instead asks for investigation into the medal of honor awards and for Congress to remove each award if conduct matches that described in resolution. Asks congressional delegation to help.
========================================
=========================================================
Bulk E-mail address lists - senate and house & some key committees COMMITTEE members Bulk E-mail address lists
COMMITTEE E-mail address listsThese lists have been removed to save space, regular session of legislature over
===
ACTION ALERT updated 3/10/21
===============================================SRD 901
SRD 901 - Oppose merger of DENR and Dept of Ag. https://sdlegislature.gov/Session/Vote/70782 It failed to get enough votes to pass but proponents moved for reconsideration. They could not get enough vote to pass - so the merger happens
SRD 901 the resolution to stop the merger of the Department of Agriculture & the Department of Environment and Natural Resources (DENR) failed by one vote this morning on the Senate floor (17-18). SRD will be reconsidered tomorrow. We need to keep the Senators that voted for the resolution and get at least 1 Senator that voted against it to switch their vote tomorrow. Please email all the Senators before tomorrow (Tues.) morning.
Thank these Senators for their voteLarry.Zikmund@sdlegislature.gov, Marsha.Symens@sdlegislature.gov, VJ.Smith@sdlegislature.gov, Jim.Stalzer@sdlegislature.gov, Herman.Otten@sdlegislature.gov, Michael.Rohl@sdlegislature.gov, Arthur.Rusch@sdlegislature.gov, Lee.Schoenbeck@sdlegislature.gov, Ryan.Maher@sdlegislature.gov, Reynold.Nesiba@sdlegislature.gov, Timothy.Johns@sdlegislature.gov, David.Johnson@sdlegislature.gov, RedDawn.Foster@sdlegislature.gov, Julie.FryeMueller@sdlegislature.gov, Brock.Greenfield@sdlegislature.gov, Troy.Heinert@sdlegislature.gov, Blake.Curd@sdlegislature.gov
These Senators voted against SRD 901 Jim.Bolin@sdlegislature.gov, Bryan.Breitling@sdlegislature.gov, Gary.Cammack@sdlegislature.gov, Jessica.Castleberry@sdlegislature.gov, Casey.Crabtree@sdlegislature.gov, Mike.Diedrich@sdlegislature.gov, Helene.Duhamel@sdlegislature.gov, Mary.Duvall@sdlegislature.gov, Jean.Hunhoff@sdlegislature.gov, Joshua.Klumb@sdlegislature.gov, Jack.Kolbeck@sdlegislature.gov, Al.Novstrup@sdlegislature.gov, Kyle.Schoenfish@sdlegislature.gov, Wayne.Steinhauer@sdlegislature.gov, Margaret.Sutton@sdlegislature.gov, Erin.Tobin@sdlegislature.gov, David.Wheeler@sdlegislature.gov, John.Wiik@sdlegislature.gov
Senate Resolution of Disapproval 901 Title: Proposing to disapprove Executive Order 2021-03 as set forth on pages 52 to 64, inclusive, of the Senate Journal. Link to see Resolution & follow the path of the Resolution: https://sdlegislature.gov/Session/Bill/22489 , This resolution opposes the Governor's proposed merger of the Department of Environment and Natural Resources (DENR) and the Department of Agriculture. , PHAS & many other environmental groups SUPPORT this resolution
Just a simple statement of opposition is OK -Please support SRD 901. The two agencies have very different functions and missions. There is a conflict of interest-- the agency that promotes and protects agriculture should not also regulate it's pollution. Checks and balances are good.
A resolution of disapproval - SRD 901 - was introduced in the Senate on 2/25. The resolution was referred to the Senate Agriculture & Natural Resources Committee - a hearing was scheduled for Thursday morning March 4th, 9 am - 12 am CT this past week. Members of the committee:Voting no (they want to approve the merger) - District 20 Josh Klumb District 24 Mary Duvall District 29 Gary Cammack Voting yes (they want to oppose merger) District 6 Herman Otten , District 7 VJ Smith, District 30 Julie Frye-Mueller, District 26 Senator Troy Heinert — he is the prime sponsor of the bill, https://sdlegislature.gov/Session/Vote/70782========
SRD 901 DISCUSSIONThe Department of Environment and Natural Resources is the state’s only environmental protection agency. - It protects our land, air & surface & ground water from pollution. It also protects our quantities of ground water. It oversees livestock facilities, mining, oil and gas production, municipal and county waste management, asbestos containment, recycling, petroleum spills, superfund issues, wells, water rights, waste treatment plants, and air quality, just to name a few. It also watches over "non-point" water pollution, which is water pollution just running off the land naturally rather than from a pipe. The SD Department of Agricultures mission is to "promote, protect and preserve" SD's agriculture. (emphasis added)
These two missions can be in conflict, if pollution comes from agriculture and regulation of it is necessary to prevent pollution or regulation is needed to protect resources like ground water quantity, how will the regulation conflict with Dept. of Agriculture's mission to protect agriculture or visa versa? The regulator needs to be separated from the promoter/protector. Also while sometimes DENR regulates agriculture, other times, for example - with mines or city air quality, its’ actions have nothing to do with agriculture.
Currently a lot of the surface water pollution in SD is non-point pollution from agriculture. A quote from 2020 South Dakota Integrated Report for Surface Water Quality Assessment (see DENR link in "Agency data” below for source):
"South Dakota has about 10,094 miles of perennial rivers and streams (Table 1) and about 87,474 miles of intermittent and ephemeral streams. About5,875 stream miles have been assessed in the past five years. During this 5-year interval, 22% of assessed stream miles were found to support all their assigned beneficial uses; 78% did not support one or more beneficial uses. DENR has listed a total of 97 different streams or stream segments as impaired requiring TMDL development. Similar to previous reporting periods, nonsupport for fishery/aquatic life uses was caused primarily by total suspended solids (TSS) from agricultural nonpoint sources and natural origin. Nonsupport for recreational uses was primarily caused by Escherichia coli (E. coli) contamination from livestock and wildlife contributions"
Here is a quote from the EPA (see EPA link "Agency data” below for source):
"Agricultural operations can have significant effects on water quality, due to the extent of farm activities on the landscape, the soil-disturbing nature of those activities, and associated impacts from sediment, nutrients, pesticides, and herbicides. The National Water Quality Assessment shows that agricultural runoff is the leading cause of water quality impacts to rivers and streams, the third leading source for lakes, and the second largest source of impairments to wetlands. About a half million tons of pesticides, 12 million tons of nitrogen, and 4 million tons of phosphorus fertilizer are applied annually to crops in the continental United States. Soil erosion, nutrient loss, bacteria from livestock manure, and pesticide constitute the primary stressors to water quality.”
Alerts on 901DRA - Potential talking points on 901 that DRA's merger work group developed:.
Letters Against the mergerSDWF "Camo Coalition" excellent letter against merger: https://sdwfcamo.net/blog/denr-proposed-merger-to-ag/Friends of the Big Sioux River Letter against merger: https://docs.google.com/document/d/1tg0vESKTQHCvXpo8BYkyr5WHvD2xXZBqBx7mF7zgF7E/edithttps://docs.google.com/document/d/1tg0vESKTQHCvXpo8BYkyr5WHvD2xXZBqBx7mF7zgF7E/edit
News Articles on merger proposal"Concerns arise over Merger of S.D. Agricultural and Environmental Agencies"By Nick Lowrey, South Dakota Newswatch, September 2, 2020Dakota FreePress on merger proposal:SD Farmers Union announcement on merger proposal: https://rapidcityjournal.com/news/states-largest-agriculture-organization-opposes-merger-of-departments/article_fc6702dd-f01b-5c6d-a9c4-65e83da3e823.html
Agency DataEPA - Polluted Runoff: Nonpoint Source (NPS) Pollution Nonpoint Source:Agriculture SD 2020 Integrated Report for Surface Water Quality Assessment (Deep Reference)
=============================================== HB 1140
HB 1140 UPDATE - this bill passed, was not yet signed by Governor on 3/12 This bill was amended and passed on on the Senate floor on Monday 3/8/21. The Senate removed the clauses that arrests and evidence collected in violation of the act were invalid. The House concurred with Senate Amendments and it is passed in both houses. (PHAS opposes)
The proposed law would be restricting SD GFP employees from entering private land without permission. Link to track & read bill: https://sdlegislature.gov/Session/Bill/22226, . Camo Coalition alert on this matter is at this link: https://sdwfcamo.net/blog/hb-1140-need-your-help
These senators voted to kill it in Judiciary Committee: Arthur.Rusch, Helene.Duhamel, Mike.Diedrich, Timothy.Johns, Michael.Rohl, Lee.Schoenbeck, & David.WheelerLink to vote in the house - (a nay vote is desired): https://sdlegislature.gov/Session/Vote/69359Link to smoke out vote (a nay vote is desired): https://sdlegislature.gov/Session/Vote/70663
The Senate Judiciary Committee unanimously rejected this bill. The constitutional arguments are without merit. SD needs the Game, Fish & Parks Conservation Officers (Game Wardens) to go out onto fields to enforce our hunting, fishing & trapping & other wildlife & boating laws, which were created to protect population viability of wildlife & public safety.
DISCUSSION OF ISSUES (Text is mostly derived from the Camo Coalition alert)
. HB 1140 was introduced on the behalf of Gov. Noem.
The open fields’ doctrine has been reviewed many times by both the US Supreme Court and South Dakota Supreme Court. The Supreme Court of the United States AND the Supreme Court of South Dakota have both clearly ruled that a Conservation Officer does NOT violate private property rights by entering privately owned lands constituting open fields without probable cause, reasonable suspicion, consent or permission, or a search warrant when performing his statutory duties. In addition, the South Dakota Attorney General also affirmed the Court’s decision with Official Opinion No. 04-01 in January of 2004 as it applies specifically to Conservation Officers in SD. The Fourth Amendment protects your actual home you live in, not your fields, it does not even protect some out-buildings.
“Open Fields” is something ALL law enforcement people can use to protect and serve the public. If HB 1140 were truly a private property or 4th Amendment search and seizure issue, it would apply to ALL law enforcement officers. Instead, ONLY SDGFP’s Conservation Officers are singled out, while US Fish and Wildlife Officers, Sheriffs, Policemen, Highway Patrol, etc. are free to continue utilizing the open fields pursuant to their authorized duties.
“Open Fields” if passed, would stop, the ability of our SD Conservation Officers to do compliance checks on private land. Compliance checks include checking for proper licensing and limits by hunters when in the field, on both private lands and public lands. SD Conservation Officers have a wide range of duties and since approximately 80% of South Dakota's 77,000 square miles is privately owned, much of their work involves private lands that are open fields. HB 1140 does NOT impact an officer’s legal ability to conduct compliance checks on PUBLIC land. Consequently, this bill creates TWO classes of “sportspersons": those who are essentially free from compliance checks, and those who are not! It is unfair to those who don’t have the money, political connections or other means to access private lands. It creates two classes of wildlife, those GFP can protect and those it can't.
Compliance checks in and around open fields play a critical role in enforcing regulations that conserve and sustain our wildlife populations. In addition, compliance checks help protect landowners against trespass and vandalism. Revenue from hunting/fishing licenses contributes a lot of money to SDGFP revenue stream. License and wildlife compliance checks on BOTH private and public lands are critical to ensure that people are paying their hunting/fishing license fees which support the state's continued wildlife resource management and conservation efforts.
Any proposed law which would require the officers to obtain permission from a landowner, or which would require “probable cause or reasonable suspicion that a crime has been, is being or is about to be committed,” significantly interferes with the officer’s ability to enter those open fields to conduct his/her authorized purpose to protect natural resources. A legal question also pertains to our TIPS Program – does an anonymous complaint to TIPS constitute “probable cause or reasonable suspicion” as required before the Officer can enter private ground?
2004 SD Attorney General OFFICIAL OPINION NO. 04-01, Conservation Officer's Entry Upon Private Land
Here are links that discusses requirements and training for SDGFP’s conservation officers
Actual text of "Amendment IV
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Emphasis added)
===============================================
=============================================== SB 72
SB 72 ALERT (Endangered species)
Update - SB 72 passed the house on 3/1, Passed 58 to 11, signed by Governor
Write oppose Senate Bill 72 Title: Revise notification requirements for listing and delistingspecies on the threatened and endangered species list.This bill asks legislature to change the length of public notice for delisting/listing endangered or threatened species from 30 days to 20 days and proponents argue it is necessary to clarify that listing/delisting is rule making and give public rule-making protections for public involvement.
This proposed law would be unnecessary and harmful. Since March 16th 1976 - for 44 years - the listing and delisting of threatened and endangered species in SD has been done via rule making. That has created a body of rules, (Chapter 41:10:02 “Endangered and Threatened Species” ) where the endangered/threatened species are listed under separate rule for each class in the animal kingdom. For example there are 4 birds listed as endangered in one rule and three birds are listed as threatened birds under another rule. 41:10:02:01 List of endangered birds.41:10:02:02 List of threatened birds
There are 8 lists, two each for classes of birds, mammals, fishes and reptiles.
As these are currently rules, to list or de-list South Dakota’s birds, mammals, fishes or reptiles you have to amend these rules. To list a species to a new class (such as a rule for listing an amphibian), you would need to create a new rule.
Both a new rule and a rule amendment is covered by SDCL 1-26-4, whose title says "Notice, service, and hearing required for adoption, amendment, or repeal of rules--Service on interim rules committee --Waiver of service” (emphasis added). Sections SDCL 1-26-4.2 and SDCL 1-26-4.3 which discuss public notice of the rule-making hearing ALREADY must apply to the listing and delisting.
The SD Endangered Species act at SDCL 34A-8-5 (3) required 30 days public notice before the Commission may add or remove a species from the endangered species list. It does not reference SDCL 1-26-4 in that text, but 44 years ago SDGFP decided listing and delisting required rule making, thus people expect to check Chapter 41:10:02 for the list of SD endangered/threatened species.
When SD GFP normally publishes a public notice of a rule making hearing on any topic, to insure the newspapers publish it on time, it sends notice further in advance to gain extra leeway and the notice may be published 23 days in advance not 20. There is nothing in SDCL 1-26-4, that prohibits a longer public notice, such as 30 days notice publication. SDGFP by 44 years of practice has locked itself into treating listings/delisting as rule making. Adding 10 days to the normal 20 days notice has been its' required practice and is not a violation of law but rather a requirement of law.
Why is SDGFP bringing this change to the legislature, when 30 days notice has been their working & required practice for 44 years? The problem here is that currently SDGFP rarely lists or delists species. They failed to provide 30 days public notice during the otter delisting in 2020. We suspect that in 2020 the Department current public notice staff was running on standard operating procedure. We suspect that staff was not advised by other staff to check SDCL 34A-8-5 (3) and thus we suspect did not know there were 10 extra days of notice required.
Prairie Hills Audubon Society complained to the Interim Rules Review Committee (IRRC) that in the delisting of the River Otter by the Commission in May 2020, the Department had public noticed for 23 days not 30 days. So they were caught and exposed to the IRRC for legal violation of notice requirement. They argue back that the SD Endangered Species Act, did not say how they had to do formal public notice for 30 days and that announcing a delisting at a Commission meeting or in a press release would meet the 30 days. The argument against this, is that SDGFP had an existing rule 41:10:02:04 that had to be amended and thus SDCL 1-26-4 requirement about 3 newspapers would have applied.
Public notice for written comments is really - a "defacto" - 16.5 days. In 2017 the Legislature changed the law about deadlines for public written comments sent to citizen boards. It is now 72 hours before the day of the hearing. Game, Fish and Parks meetings normally start at 1 pm CT on the first Thursday of the month, with the hearing at 2 pm CT. We now must send in written comments by midnight CT of the Sunday prior to Thursday. That is 85 hours before the hearing or more than 3.5 days in advance. When the legislature removed 3.5 days from the period that the public has to review rules and send written comments, it did not add 3.5 days to our public notice. Thus our public notice for written comments on rule-making is really 16.5 days not 20 days.
SD GFP normally holds its’ meetings all over the state and we have a large state. Large distances make it extremely difficult or costly for persons to attend in person. Persons are given 3 minutes for oral testimony, which is not enough time to discuss the best science of endangered species listings. Currently due to the pandemic SD Game, Fish and Parks holds it’s meetings by Zoom. Before pandemic, it had recently created a new policy of having auxiliary remote meeting hubs during the hearing part of their meeting, but that was new 2020 policy not law.
SDCL 34A-8-5 (2) requires the Department must contact the Governor of neighboring states that share the species. SDCL 34A-8-3 requires additional consultation and best science:
"The Game, Fish and Parks Commission shall make these determinations on thebasis of the best scientific, commercial, and other data available to them andafter consultation, as appropriate, with federal agencies, other interested stateagencies, other states having a common interest in the species and interestedpersons and organizations.” (emphasis added)
30 days is more notice than is normally required for rule-making hearings, but the listing actions are special, complicated and controversial. This notice helps the people both opposing and supporting the listing/delisting action to study and prepare. Listing or delisting is based on the best science available to the Department and reviewing folks need time to study the best science with respect to the species and also learn about GFP's SD population data, which may not have been published in advance and we may not have had advance access to it. Folks need to first acquire population information from SD GFP to evaluate the listing or de-listing proposa
It proposes to regulate free-standing milling facilities. Right now there are no regs governing. This is progress.
HB 1099 - revise the property tax exemption amount for certain agricultural property. https://sdlegislature.gov/Session/Bill/22167 > H Tax, UP IN COMMITTEE ON Feb 2nd , Tabled 12 to 0 |
REFERENCES on Initiative and Referendum in SD
Some recent Dakota Free Press Articles on I & R
Amendment A appeal to Supreme Court
2021 Bill - SB 77:
2021 Resolution - HJR 5003
2021 Bill - SB 123:
2021 Bill - SB 86
Some older Dakota Free Press Articles on I & R
===History of Cory's fight for Initiative and Referendum by ballot measures and court case,
Cory and SD Voice began an initiative drive in spring 2019 to help repeal bad laws but abandoned the petition effort in fall 2019, when they did not get enough signatures - Here is Ballotpedia on that effort
July 2019 Cory & SD Voice sue over SD initiative laws in Federal Court January 2020 Cory wins in Federal CourtFebruary 2021 Cory wins again in Federal Court2018 Cory writes about HB 1196 (HB 1196 was repealed by the Legislature -1 year later and then repealed again after court changes 2 years later)
About Dakota Free PressPreviously (until March 2015) Cory was editor/publisher of Madville Times========
Other Newspaper/Blog Articles:
Rapid City Journal summary of some bills in the legislature--includes review on I & R bills - Six bills were introduced that focused on modifying procedures for putting initiated measures and amendments on the ballot. Four passed.Dakota Standard article - also about Legislature and initiated measures"South Dakota legislators trying to sneak change in process to deny low-income residents access to health care” by Jay Davis
Rapid City Journal article on referral of HJR 5003
=====================================SD GOVERNMENT LINKS
SD SOS link to Instructions on Petition Circulating
SD SOS link to list of Ballot Question Petitions currently being circulated or considered
SD Legislative Research Council - https://sdlegislature.gov/To look up laws:To look up the SD Constitution--StatuteStatewide: CHAPTER 2-1 INITIATIVE AND REFERENDUM , https://sdlegislature.gov/Statutes/Codified_Laws/2032390Municipal; CHAPTER 9-20 INITIATIVE AND REFERENDUM , https://sdlegislature.gov/Statutes/Codified_Laws/2036508County: CHAPTER 7-18A ORDINANCES AND RESOLUTIONS , https://sdlegislature.gov/Statutes/Codified_Laws/2035573ConstitutionARTICLE III, LEGISLATIVE DEPARTMENT 1. Legislative power--Initiative and referendum.
====================================
YOU WILL BE EXITING THIS POSTNOW GO TO "OLDER POSTS",
which is a button on the home screen to the right side towards the bottom of the white screen.Information on older campaigns...that are dormant or less active.
Link to older postshttps://phas-wsd.blogspot.com/2015/02/item-2-eventsdeadlines_47.html Old Alert - OLD POST Topics -1. SD River otters2. Nest Predator Bounty Program3. Mining4.Greater sage grouseA) SD Mountain Lion Plan Revision & Nebraska 2020 season revisions AlertsB) Mineral Mountain Resources Exploration projectC) Pennington County - Croell Sand/Gravel Mine Issue
D) Non-meandered waters Alert
E) Alert on Resilient Landscape DEIS (Forest Service)F) announcement of Petitions to list or de-list under ESA and :G) S3254/SB 114 (Land Trade Little Spearfish Canyon & Bismark Lake) & H). SD Important Bird AreasI) Missouri River RecoveryJ) to Sage Grouse Litigation filed by PHAS and others in February 2016K) then goes to - suspended campaigns discussions,
for which comment deadlines have past, but related issues persist
Link to older posts
Scroll down through about a foot of white space to end of page
E) Alert on Resilient Landscape DEIS (Forest Service)