SD Game, Fish and Parks proposed shooting range, in Meade County SD, just east of Elk Vale Road and north of Elk Creek. – Now called the proposed “South Dakota Shooting Sports Complex”, previously it was named after Rapid City, but the Meade County Commission objected to naming a facility in Meade County after Rapid City.
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Agency Actions
First below find, in chronological order, updates and list of actions/approvals that were taken, where text was written in the past and tiered to specific past comment deadlines or actions – all the formal comment opportunities are past, but there may be discussion of associated issues in those alerts. The ones closest to the top are the most recent. So this is a chronological review of actions and decisions that created the shooting range.
Issues/Facts
Scroll below a long way to find a discussion of the issue and facts and maps (“Reasons to oppose at this time”) – Just before you arrive there, you will start seeing maps.
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Kristi Noem allocates funds to the shooting range in March, an allocation that becomes public in September 2024 –
Searchlight article – “Some lawmakers upset after Noem awards millions to project they refused to pay for” Governor using money from state’s Future Fund to help build shooting range” By: Joshua Haiar -on September 12, 2024 7:00 pm
Quote from the article
“While legislators were passing a law in March requiring more information from Republican Gov. Kristi Noem about a fund she controls, Noem was awarding $13.5 million from the fund to a project legislators had declined to financially support.” To read the article go to link:
The Article alleges that Noem allocated the $13.5 million award in March, 2024, from the “Future Fund”, which she has authority to make appropriations from. Legislators are supposed to get a report twice a year on what she is doing with the Future Fund, but they had not gotten such report yet on Sept. 12th, 2024.
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INADEQUATE PROTECTION OF HISTORIC PROPERTIES BY SDGFP
TIMELINE OF ACTIONS
June 2024 update
In December 2023 SDGFP’s contractors broke ground to start the dirt work at the shooting range. On January 18th, 2024 SDGFP withdrew its’ request to the USFWS for federal grant money to fund a part of the cost of the shooting range.
History of Cultural Surveys and effects of the project to cultural properties:
The Archaeological Research Center, a program of the SD State Historical Society, did a Class III Cultural Survey of the proposed shooting range, a survey that was prepared for SDGFP and they published the results on Nov. 12, 2021. On Nov 18th, 2021 the State Historical Society (State Historic Preservation Office – SHPO), wrote a letter confirming there was one site eligible for listing on the National Registry of Historic Places and 4 sites that were not. They concluded that no sites eligible for listing, would be affected by the project. That November 2021 letter also said that: “Concurrence of the SHPO does not relieve the federal agency official from consulting with other appropriate parties, as described in 36 CFR 800.2(c).”
SDGFP and the USFWS did a Draft Environmental Assessment (EA) in early spring of 2022, and a final EA in August of 2022 and also later issued a FONSI. After getting approval from USFWS, the SDGFP worked on getting approval from Meade County Commission, which was not finished till spring of March of 2023 (3/28/23).
On May 12th, 2023 SDGFP informed the USFWS of the new design of the shooting range – a new design that was due, at least in part, to requirements of the new Meade County shooting range ordinance. In this new design SDGFP also chose to add new shooting bays near historic properties eligible for listing under the NHPA. Upon review of the new design, UWFWS told GFP that all federal compliance requirements needed to be revisited and a new Environmental Assessment needed to be written.
On July 28th, 2023, after reviewing the new plans, the State Historic Preservation Society (SD Historic Preservation Office – SHPO) told SDGFP in a letter said that if various conditions were obeyed they found no affect on eligible properties but that USFWS had to consult with the tribes over historic properties at the shooting range. (Section 106 consultation with the Tribes is a federal historic preservation law requirement)
Six days after SHPO told them they had to consult with the tribes and before the USFWS had even released a new draft EA, GFP chose in early August (8/3/23) to publish a request for bids on the dirt work for the project (thus planning to contract for dirt work, work that could obliterate any unknown sites, without waiting for the required consultation to occur)
On August 30th, 2023 the USFWS told SDGFP that they required that GFP do section 106 consultation with the Tribes (a historic preservation law requirement), and that SDGFP would have to delay all project work. One month and 22 days after SHPO told them they had to consult with the tribes, GFP entered into a dirt work contract in mid September (9/18/23) without tribal consultation having even been initiated. They signed contracts to proceed with dirt work (cost of $5,878,008), which dirt work we (PHAS) were told would start in January 2024.
On Sept 22, 2023 USFWS informed tribes of the proposed design changes, provided the 2021 cultural survey report and invited tribal consultation. In late Sept 2023 the USFWS released a new draft Environmental Assessment with a comment deadline of 10/26/23. This draft EA was never finalized and a FONSI was never issued.
On Nov. 5th, 2023 the Flandreau Santee Sioux Tribe (FSST) did their own cultural/historical/archeological surveys and found 7 additional historic properties eligible for listing under the National Historic Preservation Act. They informed other parties of that on Nov. 7th, 2023. FSST also said the entire landscape is a Traditional Cultural Property, a place for ceremony and historical remembrance. They found more properties then the earlier survey (11/12/2021) found – which older survey found 1 site eligible for listing (2 cairns on two hill tops) as well as 4 sites not eligible for listing.
USFWS was working towards a meeting with tribes in later January. So the USFWS could not move forward to finalize the 2023 version of the Environmental Assessment or issue a FONSI and could not give them any federal money without the consultation concluded .
On Nov 9th, 2023 SDGFP put another contract related to the shooting range out for bid. They opened the bid Dec 14th and signed the next contract on January 19th, one day after the SDGFP informed the USFWS they were withdrawing application for federal funds. This contract was for $11,953,668.71 dollars. This is a total of about 17.83 million contracted for by January 2024.
The GFP also failed to update the Army Corps of Engineers (ACE) about the new evidence of sites eligible for listing under the National Historic Preservation Act. Thus the SDGFP violated their permit from the ACE and the ACE in early 2024 (3/29/24) shut down all activity by GFP in about a half acre of land that needed ACE permits to do dredge and fill. However by that point, the dredge and fill had already been done.
SDGFP WITHDRAWS REQUEST FOR FEDERAL FUNDING
SDGFP started dirt work on the site in December. We have been told that Governor Noem ordered the construction to start. On January 18th, the SDGFP withdrew their request for federal funding for the shooting range. Thus USFWS oversight for the National Historic Preservation Act (a federal law) was terminated, however the ACE oversight remains, but over a half acre of the property. SD State Codified law, only requires consultation with tribes, if the state agencies actions will effect persons living on the reservations and while the tribes have a procedural rights to such consultation, they have no substantive rights (the agency can ignore their comments/requests).
The GFP will lose the grant dollars from USFWS for the shooting range and GFP has to raise about 20 million dollars from other donors. We will verify amount foregone. However we suspect that GFP may be able ask USFWS to reallocate its’ Pittman Robertson allocations to other projects, thus not losing the money generally, but just for this project. We are told it is likely the SDGFP has bull dozed all the identified historical properties, except the cairns on the hill tops.
The Advisory Council on Historic Preservation wrote a letter on February 5th, 2024 that said:
“In being notified about this situation, the ACHP learned that the SDGFP has similarly applied for federal funding and later withdrawn its application after beginning the Section 106 review for other projects. These actions appear to indicate a pattern of behavior in which the SDGFP changes course for its proposed projects after learning about historic properties located in the projects’ area of potential effects and the federal requirement to take into account the effects of the undertaking on those historic properties.” (emphasis added)
SD SEARCHLIGHT ARTICLE ON THE SUBJECT OF CULTURAL SITES
Storm Water Management
Prairie Hills Audubon Society remains concerned about the storm water management planned on the site and the potential for lead contaminated water to enter waters of the state. We are afraid of water flows from hills above the shooting bays, intermingling with water coming out of the shooting bays and such storm waters not being contained on site & entering the waters of the state.
SD DANR has no water quality monitoring plans for the lead that may happen due to the the runoff. (last we knew). Neither SDGFP or SD DANR had plans to collect baseline surface water values. (last we knew We have thus started our own project to collect baseline samples of water for lead and pH and have collected at 2 sites and dropped off at professional lab for testing. .
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BELOW HERE ARE HISTORIC ALERTS MOSTLY IN CHRONOLOGICAL ORDER
ALL OF THESE ALERTS ARE PAST, but you see the history of permitting and review actions
and you see alerts with talking points on issues/problems with the range to comment about.
PAST
NEW EA, Sept 2023
NEW SEPT 2023 Environmental Assessment, comment deadline 10/26/23
in late Sept 2023, the USFWS released a new draft EA – link to the 2022 version. https://www.fws.gov/media/rapid-city-shooting-range-final-ea
PAST
Almost a year ago, in late August of 2022 the USFWS released a “Final” EA and FONSI (Finding of No Significant Impact), but SDGFP redesigned the project (in part to satisfy Meade County) so the old EA was out-dated.
NEW EA October COMMENT DEADLINE
In mid September 2023, the SDGFP approved a bid for some of the dirt work. I think it was about 5 million dollars.
3/28/23 MEADE COUNTY HEARING for Final approval of Range
In December 2023, Meade County adopted a shooting range ordinance. The terms of that ordinance required SDGFP to submit an application and also to make some changes to the design of the facility. On March 28th, 2023 the Meade County the Meade County Commission approved the application in a 4 to 1 vote, and this is the last hurdle of approvals.
Go to Board Docs to find the Commission Agenda for 3/28/23 – https://go.boarddocs.com/sd/meade/Board.nsf/Public
Shooting Range Application March 2023
PAST
December 20th, 2022 – Section Line Relocation Hearing
December 20th, 2022 was the Meade County Commission public hearing on SDGFP proposed relocation of the section line in the middle of the property to the south end of the property. The Commission approved the section line relocation. The Commission included a requirement that SDGFP build the road along north edge of the pond (south side of property) until road was past the pond & it’s inlet.
PAST
Nov 22nd, Meade County Commission Hearing – Shooting Range Ordinance
Public hearing on a proposed shooting range ordinance for Meade County – second reading before the Commission was:
10 am on Tuesday, November 22nd, 2nd Floor of the Erskine Office Building, 1300 Sherman Street, Sturgis, SD 57785
The County passed the Ordinance & SDGFP must comply with it. It will have to do some redesign work to do so, as Ordinance does not let them shoot over section lines..
SD GFP proposes to build a large shooting range at Elk Vale Road near Elk Creek in Meade County. PHAS is concerned as shooting ranges are de-facto
lead mines. Lead bullets are deposited from guns and ater reclaimed, but a shooting range does not have the protective environmental regulation that an actual lead mine does.
Lead is a toxic substance with threat to the environment and human health.
SDGFP did a very inadequate environmental assessment with very unclear disclosure of mitigations and totally inadequate
response to comments. https://www.fws.gov/media/rapid-city-shooting-range-final-ea
The County is finally going to adopt ordinances to govern the location and construction of such facilities (This is permitted by SDCL 21-10-32. )
This gives the public an opportunity for better oversight of any shooting ranges build in Meade County. The County Conmmission approved the first reading of Ordinance with no changes,
but indicated they would think about comments they heard & might make changes at second reading
Link to proposed ordinance:https://go.boarddocs.com/sd/meade/Board.nsf/files/CJWLBH55AA5B/$file/Proposed Shooting Range Ordinance.pdf
https://go.boarddocs.com/sd/meade/Board.nsf/files/CL8TV779295E/$file/Ord 56 first read.pdf
For more information on the shooting range contact Nancy 605-787-6466, nhilding@rapidnet.com.
It needs better oversight of the water quality concerns & needs to consider impacts to Native American sacred, cultural or historic sites
Please remember Meade County has Bear Butte. See talking points below.
Next Upcoming Deadline – Maybe December 13th, please verify date
Likely upcoming hearing date of Dec 13th, 2022 on Section Line Relocation – date to be confirmed on 11/22/22.
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PAST
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A. Recent past deadline – June 28th, 2022, Meade County, 1 pm
UPDATE 6/28 results – On 6/28/22 Meade County Commission unanimously denied SDGFP section line relocation request, but GFP was expected to submit a new revised relocation proposal. The USFWS approved a FONSI without the section line relocation being completed. We believe this violates NEPA.
Meade County Commission Public Hearing on Section Line Relocation at GFP proposed shooting range (near Elk Vale Road and Elk Creek) was at 1 pm on Tuesday June 28th. The meeting will have begun at 9 am. There is a recording of the meeting on the Meade County Facebook page – scroll down to June 28th .https://www.facebook.com/meadecountysd/
County Building is located at 1300 Sherman Street STE 212 | Sturgis, SD 57785,
PAST
Go to Board docs for details and agenda of the Commission meeting, using this link.
https://go.boarddocs.com/sd/meade/Board.nsf/Public
The 6/28 agenda is posted & you can go to the June 28th meeting agenda to – and see various documents related to issue to download
C. Iterative deadlines -SDGFPP Commission Meets
Written comments can be uploaded here or submitted at an on-line comment portal https://gfp.sd.gov/forms/positions/ . If you want the Commission to read your comments before meetings, which are normally on Thursdays submit by midnight CT on Sunday before the meeting. Comments can be given to Commissioners directly as individuals, at each’s contact address/phone any time: https://gfp.sd.gov/commission/members/ , https://gfp.sd.gov/commission/information/ Agenda will be posted here when close to the date : https://gfp.sd.gov/commission/information/ If you check the agenda and attend the Commission meeting by Zoom you will usually hear updates on the Shooting Range.
PAST
Written comments by Sunday July 3rd, 2022 at midnight CT. https://gfp.sd.gov/forms/positions/
PAST – March 3 & 4th, was a formal Commission meeting– Game, Fish & Parks Commission meeting in Pierre & Zoom. GFP Commission considered a resolution to purchase the property from the Foundation, who bought it in 2021 to hold for GFP while formal appraisal of the property was done. in 2021 GFP promised to buy the land & GFP bought it in 2022.
B. REASONS TO OPPOSE AT THIS TIME
Rapid City Shooting Range – Please either oppose or ask for an EIS to be done before building or funding it
Protect the water quality in the area from lead pollution.
You can write or call Meade County Commission, Game, Fish & Parks (GFP) staff and/or GFP Commission will make decisions. Read the draft EA & call up DANR staff reviewing the EA. The USFWS staff in Denver is overseeing a NEPA analysis but GFP and had released the EA for comment (first comment period is closed). (GFP is asking for the USFWS’s Pittman Robertson’s grant program to help pay for the project. Either the federal government or the USFWS policy requires NEPA for projects creating outdoor gun ranges. If FWS approves funding it will stipulate some requirements in a contract). You can write or call your legislator (as GFP was asking the legislature for money to pay for this project & failed to get it in 2022 – scoll down)
Game, Fish and Parks has been unable to fund raise enough donations or grants to pay for building the range and were asking the 2022 legislature for millions to help fund the project & did not get the 2.5 million, perhaps they will try again next year . Thus folks can contact your SD Legislator with concerns.
SDGFP hoped to break ground in spring 2022. They were asking the SD National Guard to help them build it – but the Guard said NO.
The site is hilly & especially rugged in north end. 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?
John Kanta at SDGFP knows about the shooting range. Some engineering plans have been drawn up.
C. Past/EXPIRED deadlines with respect to this alert
1. Release of an Environmental Assessment for public comment,. It is posted on USFWS website for the 30-day public comment period. This EA is seriously flawed. It does not provide sufficient information on management of storm water or lead on the site — it just claims it will comply with EPA’s “Best Management Practices for Lead at Outdoor Shooting Ranges”, without adequate details. It includes no indication of any baseline testing of surface or underground water, air or soil & does not provide for an alternative of selecting another site. Its’ conclusions about surface waters on & near the site & associated fish & wildlife are inadequate/wrong. It’s discussion on lead reclamation is just part of a sentence. It does not consider impacts to archeological resources from visitors to facility. Discussion of various impacts too cursory or missing. The EA is extremely inadequate and does not justify a FONSI (finding of no significant impact) or justify the Legislature supporting SB 175. PHAS comment letter to House Members on SB 175: https://www.scribd.com/document/563057586/Please-Oppose-SB-175-a-Bill-to-Partially-Fund-the-Proposed-Shooting-Complex-of-GFP-at-Elk-Vale-Rd-Near-Elk-Creek-in-Meade-County
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Public comments were accepted for a 30-day comment period, ending March 24, 2022, [revised deadline] and could 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.
Link to Draft Environmental assessment
https://fws.gov/media/rapid-city-shooting-range-initial-environmental-assessment
Links to Appendix
https://fws.gov/media/rapid-city-shooting-range-draft-ea-appendix
https://fws.gov/media/rapid-city-shooting-range-draft-ea-appendix-b
https://fws.gov/media/rapid-city-shooting-range-draft-ea-appendix-c-f
Link to Press release
https://fws.gov/press-release/2022-02/proposed-shooting-range-rapid-city-south-dakota
PAST
2 Meade County Commission (MCC) is being asked to take actions related to this project, but has not yet done so. Game, Fish & Parks made a presentation to the Meade County Commission on the morning of Tuesday 2/8/2022. They have sent a letter to the Meade County Commission (MCC)which was discussed at the Feb 22nd meeting of the Meade County Commission, stating intent to ask for relocation of a section line and offering a future proposal about road maintenance – link to letter: https://go.boarddocs.com/sd/meade/Board.nsf/files/CBRQES68F69D/$file/SDGFPLETTER.pdf SD GFP while seeking funding from the legislature, wants to be able to say they have worked out issues with the Meade County Commission. The Meade County Commission does not want Meade County to bear the cost of the maintaining 3 miles of gravel road, that the traffic from Rapid City and from other counties, will travel across to the range. The Commission has suggested it be paved. SDGFP needs to get a section line vacated or relocated and they have to ask the Meade Commission to do that.
Meade County Commission could adopt an ordinance about location and construction of shooting ranges, but has not yet chosen to do that, and if they don’t before construction starts this range would be grandfathered in. Visit Meade’s Board docs to see agenda for 2/22/2022. The Meade County Commission took no action on 2/22/22. Just listened to report of staff on communications with GFP.
MCC will still be asked to take action on this project. To contact Commission visit link: https://www.meadecounty.org/commission
Sturgis City Council considered a draft letter on 2/22/22/ stating approval for the proposed Shooting Range, but took no action (Sturgis remained neutral).
PAST
3. PAST (- Bills killed). Look up votes and thank those who voted against SB 175
Oppose SB 175 – https://sdlegislature.gov/Session/Bill/23361/231510 – about 5 million dollar appropriation request. This was in Senate Agriculture and Natural Resources Committee on Thursday 2/10/2022. It was referred first to Joint Appropriations, Then to Senate Appropriations – for a hearing on 2/17/22. It passed both committees with 2 votes against in each committee. It went to Senate floor and was scheduled for Tuesday 2/22nd, 2022 and had to be voted on by Wednesday. They needed two thirds of senate to vote for it, due to emergency clause & it passed with 5 votes against it. It went back to the House & the House sent it to House Appropriations Committee. – in Committee 3/2/22 in afternoon 3 pm or 15 minutes after session. Hyperlinks to our testimony against this bill in Senate Agriculture and Natural Resources and Senate Appropriations are posted to our legislature web page. This was killed in House Appropriations Committee, but it was “smoked out” for a vote on Monday 3/7/22. A majority vote was needed to put it on the calendar and then 2/3rds must vote to approve it. PHAS comment letter to House Members: https://www.scribd.com/document/563057586/Please-Oppose-SB-175-a-Bill-to-Partially-Fund-the-Proposed-Shooting-Complex-of-GFP-at-Elk-Vale-Rd-Near-Elk-Creek-in-Meade-County The bill failed to pass the House – vote : YEAS 39, NAYS 30, The Reconsideration motion failed – vote : YEAS 35, NAYS 34.
MORE RECENT ACTIONS – LAST DITCH EFFORT
There was an attempt to put SB 175 into HB 1166 at aConference Committee Meeting on that HB 1166 on 3/9/22. at 11:30 pm CT. All 6 people on the Committee voted for SB 175 on the floor – one is the bill sponsor David Johnson. The conference committee could not agree on what to do and thus we believe HB 1166 and the attempt to amend it is dead. Link to info on Conference Committee: https://www.sdlegislature.gov/Session/ConferenceCommittees/64 Link to the proposed amended version of HB 1166: https://mylrc.sdlegislature.gov/api/Documents/236283.pdfTh
Thursday and Friday are the last 2 days of the legislature. We don’t think any more attempts to try to insert amendments to funding bills in conference committees were planned.
4. March 3 & 4th, was a formal Commission meeting- Game, Fish & Parks Commission meeting in Pierre & Zoom. GFP Commission considered a resolution to purchase the property from the Foundation, who bought it to hold for GFP while formal appraisal of the property was done.
Results – Commission approved the land purchase. You can still write in opposition to it, but at this point, need to ask for strict environmental protections or to use the land for some other purpose – such as a park.
hhttps://gfp.sd.gov/commission/archives/63/
Written comments in opposition to the land purchase or the shooting range can be uploaded here or submitted at an on-line comment portal https://gfp.sd.gov/forms/positions/ .
SD Game, Fish and Parks Commission meetings – Evening of 2/21/22, 5:30 – 7:30 pm CT, informal – one-on-one meeting opportunity at Arrowwood Resort, Oacoma, RSVP by 2/16/22, Rachel.Comes@state.sd.us,
along the section line for public access – without the move, this reservation might influence Range design/management .Meade County wants 3 miles of gravel on Elk Vale road paved, but GFP is proposing to share maintenance costs. Meade County wants 3 miles of gravel on Elk Vale road paved, but GFP is proposing to share maintenance costs.
January 28th, was the deadline to comment to John Kanta of SD GFP if you object to the National Guard assisting with construction of the shooting range proposal. “john.kanta-state.sd.us” <john.kanta@state.sd.us> .If you don’t object by the deadline you waive the right to object. A public notice says:
7. January 25th , 2022 House Agriculture & NaturalResources killed HB 1049, that would have appropriated 5 million for the shooting range. Senator David Johnson responded with a similar bill – SB 175 in the Senate, which has passed the Senate sent back to the House. Killed in Appropriations, Smoked out on floor, up on March 7th on floor. Killed on House floor. Attempt to insert funding text to another bill about funding roads near Palisades State Park – HB 1166, in conference committee. That failed also.
PAST
8 . January 4th, Tuesday, 2022 – range was discussed at the SDGFP Commission Meeting
PAST
9. December 21st, 2021 Tuesday – Meade County Commission Meeting discussed project and listened to to GFP and public proponents, and to opponents but took no action on the proposed letter about the shooting range..Meade County wants 3 miles of gravel on Elk Vale road paved, but GFP is proposing to share maintenance cost
“Some lawmakers upset after Noem awards millions to project they refused to pay for” Governor using money from state’s Future Fund to help build shooting range”
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