2024 Bill list – PHAS Environmental Bill Tracking
Below is a list of mostly find Environmental Bills, but a few “Good Government” bills are added. DRA’s bill tracking has more “Good Government” bills (see legislature page for link). At first there is a short review of each bill but a few bills have longer alerts or discussion –
The longer discussion/alerts occurs below the full bill list.
Bills with asterisks to the left side are having action soon.
The link to the right of bill number takes you to the bill’s web page, where you can download copies of it and watch its’ progress
Crossover day (date by which bills must clear hose of origin – – except for ones in Joint Appropriations) is February 21st. A priority in Committees will be to have hearings on bills from their house, that have not yet had a hearing. Bills from the other House may be waiting in line.
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Last full update of this list was Saturday 3/4/24/, last partial update was 2/28/24. In partial update I update bills PHAS watches most carefully, in full update I update them all. See above for the fate of bills waiting in Joint Appropriations on 2/23/24
3/3/24 – We added a new bill,
**HB 1244 https://sdlegislature.gov/Session/Bill/24649, PHAS OPPOSES This bill would allow people who signed a petition for initiated measures or constitutional amendments to withdraw their signatures after the petitions have been filed.
Here are two articles about it: https://www.sdstandardnow.com/home/coalition-declares-partial-victory-to-defeat-legislatures-attempt-to-hamstring-petition-process or https://www.msn.com/en-us/news/politics/hb-1244-could-change-the-future-of-petitions-in-sd/ar-BB1j3KfG The bill will be voted on in the Senate 3/4/24. It passed the Senate .
House Bills Still Active
**HB 1185 https://sdlegislature.gov/Session/Bill/24950 DRA SUPPORTS, amend provisions regarding entry on private property for examination and survey of a project requiring a siting permit., Sent to House State Affairs, House 2/8/24 Do Pass Amended, Passed, YEAS 47, NAYS 17. To SenateCommerce & Energy, Hearing 2/29/24 , passed but amended, should be on Senate floor 3/4/24, Passed YEAS 29, NAYS 4.
**HB 1200 https://sdlegislature.gov/Session/Bill/25202.
increase the minimum fee required with an application for construction of an energy conversion andtransmission facility. Support , House State Affairs State Affairs Do Pass Amended, 13-0 House do Pass, 66-1, To Senate State Affairs, hearing on 2/28/24, amended & passed YEAS 8, NAYS 1., likely to Senate floor 3/4/24,Passed YEAS 31, NAYS 2,It will have to go back to house for concurrence.
Senate Bills Still Active
**SB 53 https://sdlegislature.gov/Session/Bill/24953 This authorizes using $94M in previously awarded federal funds for grants for water and wastewater projects in the state. Senate State Affairs amended to $94M. Referred to Joint Appropriations with a Do Pass recommendation (8-0) on 1/17. Hearing scheduled on 2/23/24 7:30 Am. Money allocated reduced. Passed to Senate floor 2/27/24,YEAS 31, NAYS 2, to House , deferred to 3/4/24, House starts early (10 am) on Monday ,Passes YEAS 69, NAYS 1.
**SB 134 https://sdlegislature.gov/Session/Bill/25033. PHAS OPPOSES – Bill to make an appropriation to create the healthy forest critical infrastructure relief and grant program and to declare an emergency. Referred to Senate State Affairs. Referred to Senate State Affairs who on 2/2/24 passed it out of committee to Joint Appropriations with a do pass recommendation. It will be in committee at hearing starting at 9 am CT on Tuesday 2/20/24 -. Head of Bureau of Finance and Management & Nancy Hilding (for PHAS) testified against it . It was amended to reduce amount to 6 million and allow no one entity to get more than 50%. Joint Appropriations delayed the decision on it to 2/23/24. Appropriations moved it to the Senate Floor (for Tuesday 2/27/24) and amended it to $1 award (tactic to keep it alive with uncertain financial allocation), Passed the Senate (with $1 appropriation), Moved to House. In House, the vote was deferred till Monday 3/4/24. Proponents tried to amended the bill to provide 6 million dollars and allow that if the Feds say the plan didn’t qualify for ARPA funds the money would go to water and waste projects. It was killed on the house floor. This bill had an emergency clause, so it needed two thirds to pass. Two thirds of 70 is 46.62. The bill as amended, failed to achieve that number, first vote YEAS 44, NAYS 26 & There was a vote on whether to allow a reconsideration vote; YEAS 46, NAYS 24: and the actual reconsideration vote YEAS 41, NAYS 29.
We have a more extended alert on this bill below.
**SB 182 .https://sdlegislature.gov/Session/Bill/24457 , repeal and revise certain provisions regarding the petition circulation process to comply with federal court decisions. Sent to State Affairs, Hearing on 2/2/24, Passed senate , on to House State Affairs, No hearing yet as of 2/20/24, passed State Affairs, placed on consent, and moved on to floor of the HOUSE for vote on 2/26/24, removed from consent, goes to 2/27/24, deferred, On House floor 3/4/24, House starts early at 10 am CT Passed YEAS 70, NAYS 0
SB 201 https://sdlegislature.gov/Session/Bill/25010, DRA OPPOSES
provide new statutory requirements for regulating linear transmission facilities and to declare an emergency. (Much of the bill is about C02 pipelines) This bill, in section 16, would take away local government ability to adopt ordinances on some land uses and throw out ordinances adopted by local government to regulate CO2 pipelines. DRA has an alert on this bill, it e-mailed to membership. To Senate Commerce & Energy Hearing on 2/15/24, Bill was amended and passed out of Committee, to the Senate Floor 2/21/24, Passed YEAS 23, NAYS 11, , To House Commerce and Energy, hearing 2/26/24, amended and passed forward to the House Floor, vote: YEAS 8, NAYS 5, should be up on floor 2/28/24, Passed House YEAS 40, NAYS 30, House version improved it somewhat. Needs to get Senate concurrence, Senate did not concur so goes to conference committee. House and Senate appointed conference committee members.
SENATE Finalization (dead, approved or sent to Governor)
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Finalized
SB 7 https://sdlegislature.gov/Session/Bill/24493. A bill to revise the water resources projects list.
This would remove the Gregory County Pumped Storage Project from the State Water Project List. It passed Senate Commerce (8-0) on 1/11. Passed the Senate on the consent calendar (29-0) on 1/12. Passed House Commerce & Energy (12-0) on 1/19. Passed the House on the Consent Calendar 66-0 on 1/22. Signed by the President on 1/23. Signed by Speaker 1/24. Delivered to the Governor on 1/25.
**SB 16 https://sdlegislature.gov/Session/Bill/24823. The annual appropriations bill for water and environmental projects. Referred to Senate Appropriations. .Hearing scheduled Tuesday 1/30/24. Amended and passed to the Senate floor on 2/2/24 Do Pass Amended, Passed, YEAS 29, NAYS 2. Passed House, YEAS 64, NAYS 3. To Governor
SB 23 https://sdlegislature.gov/Session/Bill/24813 DRA SUPPORTS , This bill would exempt an electric vehicle charging station from being subject to a civil fine for overcharging. Passed Senate 29 to 0, Passed House 67 to 1 on 1/23/24, to Governor
SB 14 – https://sdlegislature.gov/Session/Bill/24559 – PHAS OPPOSES, revises provisions for taking coyotes from a snowmobile. Senate Ag & NR amended and passed 7-0 on 1/18. Removed from the Senate Consent Calendar on 1/22. Passed the Senate on 1/23 YEAS 30, NAYS 3. Moves to House Ag & NR. It is up in House Ag and Natural Resources on Tuesday 2/6/24. It passed with 10 votes and 3 absent and was placed on consent. Please contact Representatives and ask them to remove from consent. Here is a link to letter we sent to all members of the House of Representatives on this bill. https://www.scribd.com/document/704285409/Please-Remove-SB-14-From-Consent-H-PHAS-Letter We have a more extended alert on this bill below. It was not removed from the consent calendar. Passed House on 2/7/24 YEAS 65, NAYS 2.
SB 66 https://sdlegislature.gov/Session/Bill/24922. This authorizes using $12.8M in awarded federal funds for water, wastewater, and storm water projects. Senate State Affairs referred to Joint Appropriations with a Do Pass recommendation (8-0) on 1/17. Hearing scheduled on 2/22/24. Passed forward to the Senate floor to vote 2/26/24 , Passed Senate 32 to 0
SB 70 https://sdlegislature.gov/Session/Bill/25011 This bill requests state funds to go with federal funds to replace the dam and spillway at Richmond Lake near Aberdeen. The funds would also be used for maintenance and repairs of other state-owned dams. Senate Ag & NR referred to Joint Appropriations with a Do Pass Recommendation on 1/11. Hearing on 2/23/24 , Goes to Senate floor 2/26/24, Passed 32 to 0, On 2/28/24 House waived committee assignment.
SB 78 https://sdlegislature.gov/Session/Bill/24960 Bill provides for an E15 fuel tax refund, Passed Senate 33 to 0, To House AG & Natural Resources, Passed both Houses amended
SB 111 https://sdlegislature.gov/Session/Bill/24844. PHAS SUPPORTS, This bill would revise requirements for mining and mineral exploration. Referred to Senate Ag & NR, where it was amended and passed on 1/30/24 with 9 to 3 vote – link to vote: https://sdlegislature.gov/Session/Vote/79771 It will likely be on the floor on Thursday 2/1/24 . Senate amended and passed it. Vote count link: https://sdlegislature.gov/Session/Vote/79112, House Ag & NR,Hearing scheduled on 2/22/24, Goes to House Floor 2/23/24. This was amended to reduce rate of surety increase for pre-existing mines and as amended, it passed the House.
SB 119 https://sdlegislature.gov/Session/Bill/25157 , This bill would permit the use of tribal identification cards when registering to vote. To Senate State Affairs, Hearing on 1/31/24., Senate floor vote on 2/2/24, Passed Senate Floor YEAS 29, NAYS 3., To House State Affairs, Hearing scheduled on 2/21/24. Amended in Committee, To the House Floor 2/23/24. Tabled at request of House Co-sponsor YEAS 59, NAYS 6.
SB 121 https://mylrc.sdlegislature.gov/api/Documents/261526.pdf. PHAS SUPPORTS, An act to revise the process to vacate certain highways. Requires Commissioner of School Lands to review highway vacation actions. Referred to Senate Local Government. Hearing scheduled Tuesday 1/30/24.. Killed by Committeee https://sdlegislature.gov/Session/Vote/78902
**SB 131 https://sdlegislature.gov/Session/Bill/24482, An act to include shelterbelts as a factor affecting productivity in determining assessed value of agricultural land. Referred to Senate Ag & NR. Hearing on 2/1/24 10 am CT. Hearing onTuesday 2/13/24, To House 2/14/23, YEAS 67, NAYS , Signed by Speaker
SB 139 https://sdlegislature.gov/Session/Bill/25163 exempt enrolled members of Indian tribes from admission fees, camping permit fees, and park service fees at state parks or recreation areas. PHAS SUPPORTS, Sent to Senate Agriculture and Natural Resources, killed 5 to 2 https://sdlegislature.gov/Session/Vote/79080
SB 153 https://mylrc.sdlegislature.gov/api/Documents/262449.pdf An Act to make an appropriation to the Department of Game, Fish and Parks to improve and repair infrastructure around Lake Hiddenwood. Referred to Senate Ag & NR 2/1/24 Passsed Joint Appropriations 7-0, Hearing scheduled on 2/23/24. Killed in appropriations
**SB 173 https://sdlegislature.gov/Session/Bill/25076 An Act to provide a landowner-on-own-land license for antlerless elk. It creates a brand new type of hunting license. IZAAK WALTON LEAGUE and SDWF Camo Coalition OPPOSE THIS. Referred to Senate Ag & NR. Passed out of committee amended on 2/20/23 .. To Senate floor on 2/21/24, amended and passed, so goes to House Ag & Nat. Res. 2/27/24 at 7:45 am CT. Passed HA&NR, YEAS 12, NAYS 1 Then passed House 2/28/24 YEAS 57, NAYS 12 SDWF Camo Coalition alert: https://sdwfcamo.net/south-dakota-wildlife-federation-legislative-update-time-to-act/
SB 174 https://sdlegislature.gov/Session/Bill/25064 , An Act to increase the nonresident fee for a habitat stamp.PHAS SUPPORTS Referred to Senate Ag & NR. Hearing on 2/20/24, Failed YEAS 6, NAYS 1.
SB 195 https://sdlegislature.gov/Session/Bill/25286 PHAS SUPPORTS – Bill to give the Commissioner of State and School lands authority to review Counties actions to vacate section lines, to check to see if they are vacating section lines accessing public lands (which is illegal). The Commissioner can object to the vacation. Up in Local Government on 2/14/24, Amended and passed Local Government 6 to 0, …to the Floor on 2/20/24 , Amended and failed https://sdlegislature.gov/Session/Vote/79754
**SJR 502 https://sdlegislature.gov/Session/Bill/24747, Providing legislative approval for a future use water permit application by the Lewis and Clark Regional Water System., Passed Senate 28 to 5, Sent to House Ag. And Natural Resources, Hearing on 1/30/24, Floor vote 1/31/24,
Passed both Houses
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HOUSE Finalization (dead or sent to Governor)
HB 1034 https://sdlegislature.gov/Session/Bill/24814 PHAS SUPPORTS, require hydrogen pipelines to be permitted by the Public Utilities Commission. Passed House 66 to 3, Sent to Senate Energy & Commerce Comm., hearing on Tuesday 1/30/24 , 10 Am CT, passed see vote: https://sdlegislature.gov/Session/Vote/78976 , Likely on the floor on 2/2/24. Passed House , Passed Senate Commerce & Energy & Senate
HB 1043 https://sdlegislature.gov/Session/Bill/24879. PHAS SUPPORTS, Bill classifies lithium as a precious metal and authorizes a tax on it. House Ag & NR Committee amended and passed the bill 12-0, House passed 57-9 on 1/22. vote tally: https://sdlegislature.gov/Session/Vote/78705 Sent to Senate Ag & NR. Amended to 5% net profit tax and passed 7-0. Failed on the Senate floor 23-9 on 2/8. The bill needed 24 votes for the required 2/3s majority of the 35 members elect. Senator Deibert moved to reconsider the vote, that will happen Monday 2/12/24. Here’s the nine Senators that voted against this bill: Nays: Beal, Bordeaux, Crabtree, Foster, Hoffman, Johnson, Larson, Nesiba, and Wiik. Failed to pass on Monday 2/12/24**HB 1064 https://sdlegislature.gov/Session/Bill/25006 Bill seeks additional appropriations for increased construction costs to complete renovations at Lake Alvin and Newell Lake. Referred to Joint Appropriations Comm. Referred to Joint Appropriations. Hearing scheduled Tuesday 2/13/24.
HB 1064 https://sdlegislature.gov/Session/Bill/25006 – Make an appropriation construction at Lakes Alvin and Newell & declare an emergency. To Joint Appropriations 2/23/24, Passed to House floor 2/26/24, YEAS 65, NAYS 4 on 2/28/24 passed senate YEAS 33, NAYS 1
**HB 1071 https://sdlegislature.gov/Session/Bill/24868 PHAS OPPOSES, revise a provision providing authority to the Governor to enter into agreements with the Nuclear Regulatory Commission., Passed House state Affairs Comm 12 to 1, Passed House 61 to 7- the vote: https://sdlegislature.gov/Session/Vote/78605, To Senate Energy & Commerce,A hearing scheduled for 2/22/24.This goes to Senate floor 2/23/24 , deferred to 2/26/24, This passed the Senate floor
YEAS 29, NAYS 3 , We have a more extended alert on this bill below
HB 1115 https://sdlegislature.gov/Session/Bill/24861 , Seeks an appropriation of $705,000 from the general fund as a grant to the City of North Sioux City to replace pipe in the McCook Lake pumping system. Referred to House Ag & NR. Hearing scheduled Thursday 2/01/24, Killed in committee in 7-6 vote, link to vote: https://sdlegislature.gov/Session/Vote/79057
*HB 1119 https://sdlegislature.gov/Session/Bill/24962. PHAS SUPPORTS, Create a specialty habitat license plate and emblem. Referred to House Transportation. Passed and amended on Tuesday 1/30/24 , Passed the House 64-3 vote: https://sdlegislature.gov/Session/Vote/79099, on 2/1 to Senate Transportation. Hearing scheduled for 2/23/24 , To Senate Floor 2/26/24, Passed Senate 32 to 0
HB 1128 https://sdlegislature.gov/Session/Bill/25018 PHAS STUDIES, Bill would require a zoning authority to determine that a well is an established well that has not been abandoned in making a permitting decision. Amended & passed House Agriculture & Natural Resources 13 to 0 on 1/25/24, might be on the Floor on Tuesday passed floor vote: https://sdlegislature.gov/Session/Vote/78986 1/30/24, Senate Ag and Natural resources, committee & Senate Floor passed
HB 1148 https://sdlegislature.gov/Session/Bill/24455 , require legislative authorization for the construction of new campgrounds and additional camping sites. Referred to House Ag & NR. Defeated in committee.
HB 1180 https://sdlegislature.gov/Session/Bill/25235 require legislative approval for the purchase of real property by the Department of Game, Fish and Parks. Referred to House Agriculture and Natural Resources. Hearing Tuesday 2/13/24, Bill killed (tabled) in Committee 12-0.
HB 1186 https://sdlegislature.gov/Session/Bill/24979 DRA SUPPORTS, An Act to define the requirements for granting a carbon pipeline easement., Sent to House Commerce and Energy, hearing 2/5/24 , House Do Pass Amended, Passed, YEAS 40, NAYS 24. To Senate Commerce and Energy, hearing 2/29/24
HB 1190 https://sdlegislature.gov/Session/Bill/24801 DRA SUPPORTS, establish public use criteria for purposes of condemnation proceedings.
Sent to House Commerce and Energy, hearing 2/5/24, Killed vote: YEAS 8, NAYS 3
HB 1193 https://sdlegislature.gov/Session/Bill/24784
provide that required siting permits be filed with condemnation petitions, Defeated in committee. Defer to 41st Day, 7-4
HB 1209 – https://mylrc.sdlegislature.gov/api/Documents/263657.pdf appropriate moneys to reconstruct Custer West Dam – requests $3M to reconstruct the lake. Referred to Joint Appropriations. Hearing scheduled for 2/22/24. Killed in Appropriations 2/23/24
HB 1219 https://sdlegislature.gov/Session/Bill/25214
prohibit the exercise of eminent domain for the construction of pipelines carrying carbon oxide. To Comm & Energy, 02/12/2024 >> 2/24/24, House Commerce and Energy Reported out of committee without recommendation, Passed YEAS 7, NAYS 6. Failed on 2/20/24 on Floor vote
: https://sdlegislature.gov/Session/Vote/79735
HB 1231 https://sdlegislature.gov/Session/Bill/25259
place restrictions on the foreign ownership of agricultural land AG & NR 2/8/24 Do Pass, 12-0, Passed House -vote: https://sdlegislature.gov/Session/Vote/79545 to Senate Ag and Nat. Resources, Hearing 2/22/24, moved to Senate floor and passed YEAS 30, NAYS 2.
HB 1235 https://sdlegislature.gov/Session/Bill/24653 PHAS SUPPORTS – bill was amended to make an appropriation of $5 million from general funds for northern Black Hills watershed protection projects, riparian buffers & projects for nonpoint source water quality management. House Ag & NR referred to Joint Appropriations w/o a recommendation 13-0 on 2/15. Hearing on 2/22/24 – Appropriations amended & then deferred action on HB 1235. Tabled on 2/23/24. Article about this on SD Searchlight: https://southdakotasearchlight.com/2024/02/22/west-river-lawmakers-want-state-cash-to-prevent-east-river-level-pollution-in-black-hills-waters/?fbclid=IwAR2USXyNVz_YhGwSje8hEkpTg0Xn5R-MJhqMOtZfu2bQwt74ID5GkcFA_6c
**HB 1256 https://sdlegislature.gov/Session/Bill/25075
establish percentage requirements for voluntary agreements governing pipeline construction prior to the filing of a petition for condemnation. To Comm & Energy 02/12/2024, House Commerce and Energy Deferred to the 41st legislative day, Passed, YEAS 9, NAYS 4. DEAD
HB 1258 https://sdlegislature.gov/Session/Bill/25090.
provide that a company transporting hydrogen, by pipeline, is not a common carrier. to Comm & Energy, 02/12/2024, House Commerce and Energy Tabled, Passed, YEAS 13, NAYS 0. DEAD
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LONGER BILL ALERTS
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SB 134 https://sdlegislature.gov/Session/Bill/25033 (Link to the bill’s web page) –
THIS BILL IS STILL ALIVE 2/29/24, PHAS OPPOSES THIS BILL – A bill to make an appropriation to create the healthy forest critical infrastructure relief and grant program and to declare an emergency.
Bill progress
To House Floor 3/4/24
This bill will be on the House floor 3/4/24. House starts early at 10 am Monday. This bill was to be voted on, on the Senate Floor on Tuesday, 2/27/24 (it passed as $1 appropriation) . It was first referred to Senate State Affairs, who on 2/2/24, passed it out of committee to Joint Appropriations with a do pass recommendation. Nancy Hilding can send you, on request, a copy of our written testimony on the bill for State Affairs,
It was up in Joint Appropriations for a hearing on 2/20/24. The bill was amended on 2/20/24 to reduce the award to the timber businesses from 20 million to 6 million and to restrict it so only half of it (instead of 75%) can go to one entity. Thus Neiman (largest harvester of BHNF saw timber) can now get only 3 million instead of 15 million. Nancy Hilding and Jim Terwilliger (the head of SD Bureau of Finance and Management) testified against it. (You can listen to our testimony on-line – https://sdpb.sd.gov/sdpbpodcast/2024/jap26.mp3#t=2122)
No action was taken on 2/20/22.
On 2/23/24 Appropriation amended it again and reduced the appropriated amount to $1 and passed it forward to the Senate floor. A bill proponent asked for an amendment, to change amount awarded to $1, as a tactic to keep the bill alive, while proponents attempt to get an answer from the Federal Government on the question of if the proposed grant qualifies for federal money (Which the SD Bureau of Finance and Management says it does not). This leaves the bill alive and allows for future negotiations on the amount to be awarded, description of grant conditions or source of money.
While it was not on the Monday 2/26/24 Senate calendar, we are told to expect that calendar to be amended due to requirements of legislative rules and for the bill would be voted on on the Senate Floor on Monday 2/26/24. Calendar was not amended and the bill is on the calendar for Tuesday. We are told that the $1 funding amount Appropriations assigned normally reflects controversy over the bill. Folks need to be writing their Senator or all of them, if you want. (Scroll down for e-mails of all of them).Passed Senate floor. Is the 13th bill of 18 on the House floor on 2/29/24. The House adjourned before getting to it, so it was deferred till Monday 3/4/24
If the House Floor approves a different amount than the Senate it must go back to the Senate for concurrence or to a conference committee. So there may be future calls to contact the Senate again.
Issues with the bill:
This bill should be opposed, as it will help prop up the unattainable logging of the Black Hills, which is ongoing, in violation of federal law, due to political pressure. . It is also socialism for the logging industry. There is ample data indicating that due to wildfires, bark beetles and overcutting, there is not a sufficient inventory of trees to support Black Hills timber industry as it exists today. Unfortunately, it will need to pare down to be viable long-term. It does not make sense for taxpayers to support the current timber industry infrastructure, when it cannot remain viable. Instead, the timber industry should be focused on downsizing for the long run.
ARPA allocation
It is our understanding that the bill seeks to get Federal money that SD has received from the American Rescue Plan Act (Covid rescue legislation of 2021). Here is a link on Wikipedia that explains that fund https://en.wikipedia.org/wiki/American_Rescue_Plan_Act_of_2021
The head of Bureau of Finance & Management testified twice that he did not think the bill met the requirements of the American Rescue Plan Act grant program. He said that if the moneys are used inappropriately, the State might be audited and SD would have to return the money spent to the Feds.
Here is a link to the CFR for the rule that governs this federal grant program for State & Local Recovery Funds- – https://home.treasury.gov/system/files/136/2023-Interim-Final-Rule.pdf For more information on how the SD State Fiscal Recovery Fund works- see web pages on > https://bfm.sd.gov/budget/FY2025/StateFiscalRecoveryFunds.pdf
Low Inventory of saw timber, not Covid, is the threat to saw mills
Most of the reductions in timber supply the Black Hills industry are facing, are related to lack of standing saw timber inventory on the BHNF & are due to decades of over cutting (at a not sustainable rate) and are not related to Covid. Toni Strauss, deputy Supervisor sent me (Hilding) an e-mail on 2/6/24 that said “We are also not able to quantify any impacts related to the COVID pandemic.”
If the timber industry is allocated access to SD’s share of federal grant money that it might not qualify for, it would be depriving worthy Covid harmed or threatened entities in SD of accessing that pool of federal grant money, whose money they actually would qualify for.
The major purchaser of Black Hills National Forest (BHNF) sawlogs is Neiman. Neiman might get 3 million from this bill, as the bill is currently written. Neiman has 2 Black Hills saw mills: in Spearfish, SD & Hulette, Wyoming. Neiman also has 2 other mills in Colorado & Oregon.
The BHNF has 200,000-400,000 acres of little pine trees (one-sixth to one third of the Forest). These little trees, close to the ground, can act as ladder fuels to carry fire to the canopy and they are a fire risk. These thickets were created by opening the canopy, which lets sunlight and water down to the ground and which are an unfortunate side effect of both logging to prevent mountain pine beetle and of beetle kill. Removing these thickets is pre-commercial logging, that does not create saw timber to supply the mills, but will create jobs relative to Black Hills vegetation management.
The Bipartisan Infrastructure Law included $1.4 billion for the USDA Forest Service in wildfire risk reduction funds. The Inflation Reduction Act provided an additional $1.8 billion to reduce the risk of wildfire to neighborhoods, infrastructure, watersheds, and the many other benefits forests provide. . https://www.usda.gov/media/press-releases/2024/02/20/biden-harris-administration-announces-500-million-confront-wildfire
A low inventory of adult trees on the landscape, will effect many other multiple-uses, other than timber.
REFERENCES
For more information on logging issues in the Black Hills National Forest (BHNF) we refer you:
The Norbeck Society has a series of web pages on the issue. You start viewing at the Norbeck Society web page at: https://static1.squarespace.com/static/5d8ce039c0ab56657254042d/t/64963a42963cea10ced1ec16/1687566940885/Timber_NS.pdf
A video presentation by Solomon Smith on BHNF Unsustainable Timber Program, 2023
https://www.facebook.com/norbecksociety/videos/893918888627765
A Forest Service (FS) technical report, 2021 (This FS report told the BHNF in 2021 that its’ logging rate is unsustainable)
https://www.fs.usda.gov/rm/pubs_series/rmrs/gtr/rmrs_gtr422.pdf
Five letters written to the Regional Forester or the BHNF Supervisor by environmental groups/individuals and retired foresters about the unsustainable cutting of the BHNF in 2021-2023. PHAS helped write 4 of these letters. (You need a Scribd account to access, but Scribd accounts are free during the first trial month)
Black Hills National Forest Revised Forest Assessments: Timber, Oct 2023 (we suggest folks look at graphs in the appendix) https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd1153857.pdf
Some Old References – old generic discussions of beetles and fire …
“Pine Beetle Infestation and Fire Risk in the Black Hills” by Grant Foster , 2010….. Link to URL: https://www.defendblackhills.org/document/firerisk2.pdf
“Logging to control Insects, The Science and Myths Behind Managing Forest Insect Pests, A Synthesis of Independently Reviewed Research,” 2005 …. Link to URL: https://xerces.org/publications/scientific-reports/logging-to-control-insects
TAKE ACTION:
You can call and leave a message with the pages; tell them who message is for, the message, who you are. The page will deliver your phone message to their desk, Senate 773-3821, House 773-3851
Below find the e-mail for Joint Appropriations and the entire Senate
SENATE 2024
Arch.Beal@sdlegislature.gov, “jim.bolin@sdlegislature.gov” <Jim.Bolin@sdlegislature.gov>, “Shawn.Bordeaux@sdlegislature.gov” <Shawn.Bordeaux@sdlegislature.gov>, Bryan.Breitling@sdlegislature.gov, casey.crabtree@sdlegislature.gov, Sydney.Davis@sdlegislature.gov, Randy.Deibert@sdlegislature.gov, Mike.Diedrich@sdlegislature.gov, Helene.Duhamel@sdlegislature.gov, RedDawn.Foster@sdlegislature.gov, “Julie.FryeMueller@sdlegislature.gov” <Julie.FryeMueller@sdlegislature.gov>, Brent.Hoffman@sdlegislature.gov, Jean.Hunhoff@sdlegislature.gov, David johnson <David.Johnson@sdlegislature.gov>, Joshua.Klumb@sdlegislature.gov, Jack.Kolbeck@sdlegislature.gov, Steve.Kolbeck@sdlegislature.gov, Liz.Larson@sdlegislature.gov, “ryan.maher@sdlegislature.gov” <Ryan.Maher@sdlegislature.gov>, Jim.Mehlhaff@sdlegislature.gov, Reynold.Nesiba@sdlegislature.gov, “al.novstrup@sdlegislature.gov” <Al.Novstrup@sdlegislature.gov>, Herman.Otten@sdlegislature.gov, Tom.Pischke@sdlegislature.gov, Tim.Reed@sdlegislature.gov, “Michael.Rohl@sdlegislature.gov” <Michael.Rohl@sdlegislature.gov>, Lee.Schoenbeck@sdlegislature.gov, Kyle.Schoenfish@sdlegislature.gov, Jim.Stalzer@sdlegislature.gov, Erin.Tobin@sdlegislature.gov, David.Wheeler@sdlegislature.gov, John.Wiik@sdlegislature.gov, “dean.wink@sdlegislature.gov” <Dean.Wink@sdlegislature.gov>, Larry.Zikmund@sdlegislature.gov
2024 Joint Committee on Appropriations . their e-mail:appropriations@sdlegislature.gov
Their web page – where you can find agendas and minutes: https://sdlegislature.gov/Session/Committee/1206/Detail
bryan.breitling@sdlegislature.gov, chris.karr@sdlegislature.gov, chris.kassin@sdlegislature.gov, “dean.wink@sdlegislature.gov” <dean.wink@sdlegislature.gov>, dennis.krull@sdlegislature.gov, ernie.otten@sdlegislature.gov, jack.kolbeck@sdlegislature.gov, jean.hunhoff@sdlegislature.gov, “jim.bolin@sdlegislature.gov” <jim.bolin@sdlegislature.gov>, john.mills@sdlegislature.gov, john.wiik@sdlegislature.gov, lance.koth@sdlegislature.gov, larry.zikmund@sdlegislature.gov, linda.duba@sdlegislature.gov, mike.derby@sdlegislature.gov, reddawn.foster@sdlegislature.gov, “ryan.maher@sdlegislature.gov” <ryan.maher@sdlegislature.gov>, tony.venhuizen@sdlegislature.gov
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**SB 111 https://sdlegislature.gov/Session/Bill/24844. PHAS SUPPORTS, This bill would revise requirements for mining and mineral exploration.
This will impact sand & gravel mining & exploration by drilling by charging larger fees & sureties. Lithium mining occurs under sand/gravel laws. These increases are needed, could be higher, but this is heading in right direction
Referred to Senate Ag & NR, where it was amended and passed on 1/30/24. It will likely be on the floor on Thursday 2/1/24 . Senate amended and passed it. Vote count 28 v 3- link: https://sdlegislature.gov/Session/Vote/79112, House Ag & NR hearing scheduled on 2/22/24.
Senate amended and passed it. Vote count link: https://sdlegislature.gov/Session/Vote/79112, House Ag & NR,Hearing scheduled on 2/22/24, Goes to House Floor 2/23/24. This was amended to reduce rate of surety increase for pre-existing mines and as amended, it passed the House. It has to go back to Senate for concurrence.
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SB 201 https://sdlegislature.gov/Session/Bill/25010
provide new statutory requirements for regulating linear transmission facilities and to declare an emergency.
THIS BILL IS STILL ALIVE 2/20/24 to floor of the House on 2/27/24
Here is a Dakota Rural Action alert text, sent out before it passed Senate Commerce and Energy, where it was amended but these talking points still apply. :
SB 201 would:
· Strip local control from our counties
· Overturn the ordinances passed through local democratic processes
· Leave our entire state vulnerable with ZERO setbacks for CO2 pipelines
· Allow plume modeling to be kept confidential from the communities who would be at risk in the event of a rupture
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HB 1071, https://sdlegislature.gov/Session/Bill/24868,
THIS BILL PASSED THE SENATE – it passed the Senate 2/26/27, to Governor
PHAS OPPOSES THIS BILL it would let the Governor make agreements with the federal government to extend state authority over uranium mining/milling and handling other radioactive material. An agreement under this bill would eliminate the Nuclear Regulatory Commission and the National Environmental Policy Act (NEPA) review process for uranium mining/milling and handling other radioactive material. This would shut tribal governments out of the permitting process by eliminating requirements for tribal consultation. The public’s ability to oppose uranium projects would also shrink. . BHCWA has an alert on this bill – https://bhcleanwateralliance.org/public-hearings/state-level-comment-notices/
It passed the House with split vote – to see vote: https://sdlegislature.gov/Session/Vote/78605 The bill was sent to Senate Commerce and Energy for hearing at 10 am CT on 2/22/24, This passed the Senate floor 2/26/25
**Senate Bill 14, https://sdlegislature.gov/Session/Bill/24559 PHAS OPPOSES THIS BILL BUT IT PASSED BOTH HOUSES
Would permit taking of coyotes by invitees of landowner from snowmobiles in certain conditions – hunting from snowmobiles is currently not allowed for any species except for coyotes & only by landowner/lessee. The bill would also permit “invitees” of landowner/lessee to hunt from snowmobiles, but removes the prohibition of chasing or driving coyotes for the permitted hunters
This bill passed out of Senate Agriculture and Natural Resources Committee with an amendment by a unanimous vote- The amendment added a clause to prevent harassment of coyotes from snowmobiles. Other species are protected from being chased, driven, harassed or killed from snow mobiles in this statute, but coyotes are only protected from “harassment, which is not defined in the chapter. Harassment is not the same as driving or chasing, as the verbs are separately listed for other species. It was placed on the consent calendar. On Monday SB 14 was removed from Consent Calendar by Sen Nesiba and delayed for a vote until Tuesday, Jan 23rd. The bill passed the Senate with 3 “nay” votes. It is up in House Ag and Natural Resources on Tuesday 2/6/24, It passed Committee with 10 votes and 3 absent and was placed on consent. We asked the public to contact Representatives and ask them to remove it from the consent calendar. It was not removed from the consent calendar. Passed House on 2/7/24 with 2 votes against. Here is a link to letter we (PHAS) sent to all members of the House of Representatives on this bill. https://www.scribd.com/document/704285409/Please-Remove-SB-14-From-Consent-H-PHAS-Letter
We object to this as cruelty to animals & also indiscriminate coyote hunting doesn’t work to reduce the population, so it is animal cruelty to no agricultural purpose.
Here is a link to our letter against SB 14 that explains issues with the bill: https://www.scribd.com/document/700546391/Please-Remove-SB-14-From-the-Consent-CalendarF . Here is a link to a discussion sheet for arguments against indiscriminant coyote hunting – https://projectcoyote.org/wp-content/uploads/2020/08/PC_SAB_Coyote-Facts_FINAL_2020_08.pdf
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HB 1043 https://sdlegislature.gov/Session/Bill/24879. PHAS SUPPORTS, THIS BILL IS DEAD2/14/24, Bill classifies lithium as a precious metal and authorizes a tax on it. House Ag & NR Committee amended and passed the bill 12-0, House passed 57-9 on 1/22.
Vote tally: https://sdlegislature.gov/Session/Vote/78705 Sent to Senate Ag & NR. Amended to a 5% net profit tax and passed 7-0. Failed on the Senate floor 23-9 on 2/8. The bill needed 24 votes for the required 2/3s majority of the 35 members elect. Senator Deibert moved to reconsider the vote, that will happen Monday 2/12/24. Sen Deibert is a bill sponsor (responsible for helping the bill in Senate). Here’s the nine Senators that voted against this bill, if you know any please contact them: Nays: Beal, Bordeaux, Crabtree, Foster, Hoffman, David Johnson, Larson, Nesiba, and Wiik. Also Frye Mueller was absent, so we don’t know her position. Failed 2/12/24 here is the link to the vote:: https://sdlegislature.gov/Session/Vote/79466
• HB 1043 would add lithium to the list of minerals for which companies would have to pay a severance tax — a fee for mining in our state. This bill would fill a gap in the law, as companies already have to pay tax on mining for other minerals. HB 1043 would generate funds that could help with infrastructure costs associated with mining and the cleanup of lithium mining sites.
BELOW IS A REDUNDANT OLD LIST NEEDS DELETING*
(Earlier and out-of-date version, I just can’t get it to delete
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LONGER BILL ALERTS
OLD LIST NEEDS DELETING*
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