ACTION ALERT! BEAR BUTTE ~ OIL DRILLING<<

ACTION ALERT!

February 28, 2011

 

Update from Protect Sacred Sites
www.protectsacredsites.org
www.protectbearbutte.com
 

Hello everyone,

The DENR has reopened public comment for the oil drilling near Bear Butte. The public comments are due by March 30th and hearing will be April 21st, located in Pierre

The South Dakota State Historic Preservation Officer, Jason Haug has asked me to include their office in our public comment action alert. SDSHPO would like to see all the comments and take them into consideration during their decision process and recommendations to DENR. 

Please send your public comments to the following individuals:

 DENR, Oil and Gas Supervisor
Fred Steece
fred.steece@state.sd.us
 
AND
South Dakota State Historic Preservation Office
Jason Haug, State Historic Preservation Director
Jason.Haug@state.sd.us
 

Attached is the rehearing documentation. If anyone needs copies of the original permits, maps or previous findings, please contact me at tamra@protectsacredsites.org

 Thank you for your continued support for the Protect Bear Butte efforts! 

In peace & solidarity,

Tamra Brennan
Founder/Director
Protect Sacred Sites
“Our Sacred Land Is NOT Your Playground!”

 

From: Jenny.Hegg@state.sd.us [mailto:Jenny.Hegg@state.sd.us]
Sent: Monday, February 28, 2011 10:58 AM
Subject: Nakota notice of rehearing

On November 18, 2010, the Board of Minerals and Environment held a publicly noticed hearing to consider an application from Nakota Energy LLC to develop an oil field on private land approximately one and one-half miles west of Bear Butte. At the conclusion of the public hearing, the board then issued Oil and Gas Order No. 17-2010 allowing Nakota to develop the oil field. The field is in all of Section 14 and the north half of Section 23, Township 6 North, Range 5 East, about four miles northeast of Sturgis, SD.

After the board issued Oil and Gas Order No. 17-2010, it was determined that state approval of this oil development project should have undergone a review in accordance with state historic preservation laws because the project encroaches upon or may impact the environs of the Bear Butte National Historic Landmark. Therefore, the Board of Minerals and Environment will rehear Oil and Gas Case No. 17-2010 on April 21, 2011, to take public comments and to reconsider the case.

The attached Notice of Rehearing for Oil and Gas Case No. 17-2010 outlines the scope and location of Nakota’s proposed project, and describes how you can comment or formally intervene in the case. Please submit any written comments by March 30, 2011, as described in the notice. If you have any questions, please contact Fred V. Steece at fred.steece@state.sd.us or call the office at 605.394.2229. Thank you.

Bad News for Bear Butte – House Bill 1119 Passes 48 to 22

On Tuesday, February 1, 2011 the South Dakota State Legislature voted 48 ayes to 22 nays, approving House Bill 1119 “An act to revise the procedure for reissuing certain alcoholic beverage licenses.” The Bill was approved with one brief amendment changing the wording on line 13 from “shall” to “may.”

The passing of HB1119 is devastating for the Protect Bear Butte efforts, liquor license renewal hearings will no longer exist. This denies the public the right to oppose any licenses for venues surrounding Bear Butte. For the past six years, individuals, residents, concerned citizens, organizations and Tribal Nations have opposed liquor licenses for venues encroaching upon Bear Butte. A buffer zone surrounding Bear Butte has been repeatedly requested at each Meade County Commissioners hearing, to no avail.

The following Representatives voted AGAINST this Bill; Dennert, Fargen, Gibson, Hickey, Hunhoff (Bernie), Killer, Kloucek, Lucas, Van Gerpen, Blake, Feickert, Jones, Street, Bolin, Feinstein, Hubbel, Iron Cloud, Kirschman, Stricherz, Venner and Wismer. PLEASE take a moment to send them each a THANK YOU for supporting our cause. They can be reached at the following contact us page  http://legis.state.sd.us/email/LegislatorEmail.aspx?MemberID=148

We also want to THANK EACH and EVERY ONE of You that took the time to send in the emails and for your support for the Protect Bear Butte efforts. There was a overwhelming show of support for this issue and it is greatly apprecaited. It takes the efforts of EVERYONE to make a difference. 

The Bill, approval and South Dakota Public Broadcase of today’s hearing can be found at http://legis.state.sd.us/sessions/2011/Bill.aspx?Bill=1119

More information on this issue can be found on our website at www.protectbearbutte.com

ACTION ALERT! BEAR BUTTE ~ URGENT! ACTION NEEDED BY THIS WEEKEND!

January 27, 2011

From:Protect Sacred Sites Indigenous People, One Nation

www.protectsacredsites.org

www.protectbearbutte.com

ACTION ALERT! BEAR BUTTE ~ URGENT! ACTION NEEDED BY THIS WEEKEND!   

I apologize for the little action time we have with this issue. I just found out about it last night. This Bill was just presented this week and it is already on the agenda for this coming Monday! They are attempting to sweep this Bill through before we knew what was happening. 

This Bill would be devastating to the Protect Bear Butte efforts and allowing us to continue to oppose liquor license renewals for locations encroaching upon Bear Butte. 

PLEASE, we need EVERYONE to send the letter below to each of the referenced individuals ASAP! Preferably by tomorrow (Friday), or least by Sunday morning. We need to give these Representatives time to receive their emails!

Your support for the Protect Bear Butte efforts is GREATLY APPRECIATED! 

For additional information regarding Bear Butte efforts, please visit our website at www.protectbearbutte.com  or contact Tamra Brennan, founder of Protect Sacred Sites at Tamra@protectsacredsites.org.  

Here is information regarding the proposed Bill: 

Regarding: house Bill 1119 – FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 35-2-1.2 be amended to read as follows:

    35-2-1.2. Any application for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall be submitted to the governing board of the municipality within which the applicant intends to operate, or if outside the corporate limits of a municipality, to the board of county commissioners of the county in which the applicant seeks to operate. The application shall be accompanied by the required fee. The governing board may approve or disapprove the application for a new retail license or the transfer of an existing license depending on whether the governing board deems the applicant a suitable person to hold the license and whether the governing board considers the proposed location suitable.

Any application for the reissuance of a retail license shall be approved by the municipal or county governing board without a hearing unless in the past year the licensee or one or more of the licensee’s employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. 

Please copy, paste and send the following opposition letter below to each of the referenced individuals listed below:

Dear South Dakota State Legislators, Senators and Governor Daugaard, 

On Monday January 31, 2011 you will vote on House Bill 1119. This Bill revises the State of South Dakota’s liquor license renewals, eliminating the hearing process unless a violation has occurred with said licensee. 

House Bill 1119, directly violates the public’s constitutional right to oppose any liquor license renewals. The general public, voters, local residents and concerned citizens have the right to voice their opinions in the decision making process for renewals. To deny us violates our rights as United States citizens and our First Amendment right of Freedom of Speech. 

Public opposition provides an opportunity to submit detrimental information on any applicant, in which the County may not be aware of said information. This could include possible violations, arrests, character issues or not a suitable location concerns. 

I would like to bring to your attention the issue within Meade County of liquor license renewals. For the past six years local residents, concerned citizens, local organizations and Tribal Nations have expressed concerns regarding the issuance, renewals and transfers of liquor licenses for locations near Bear Butte, a sacred site to the Plains Tribes located six miles East of Sturgis, South Dakota. These locations include, but are not limited to the following locations; Glencoe, Broken Spoke Campground, Buffalo Chip, Full Throttle, Monkey Rock, Free Spirit Campground in addition to several other campgrounds located along Highway 79 adjacent to Bear Butte. 

Over the past six years, information provided to the Meade County Commissioners, opposing certain liquor license renewals, has resulted in the denial of some licenses. Without the opportunity to oppose, these licenses would have been erroneously renewed. 

I am writing to you today to ask you to uphold our constitutional rights as voters and US Citizens, and please DENY House Bill 1119 revising the liquor license renewal process. 

Sincerely,

YOUR FULL LEGAL NAME GOES HERE

PLEASE DO NOT USE SCREEN NAMES

To: South Dakota State Legislators – House Commerce and Energy Committee

Contact Us Website:

http://legis.state.sd.us/email/LegislatorEmail.aspx?MemberID=148

 Conzet, Kristin Vice

Deelstra, Bob 

Fargen, Mitch 

Greenfield, Brock 

Hawley, Spencer 

Hubbel, Lora 

Jensen, Phil 

Jones, Tom 

Kirschman, Patrick 

Miller, Patty 

Novstrup, David 

Olsen, Betty

Solum, Roger

Willadsen, Mark

Please also include the following State Legislators. These are the Representatives on Tribal Lands and also Rep’s within Meade County (where Bear Butte is located). 

Ed Iron-Cloud III, District 27 Pine Ridge 

Kevin Killer, District 27 Pine Ridge

Dean Schrempp, District 28A, Cheyenne River

Phil Jensen, District 33 Meade and Pennington

Dean Wink, District 29 Meade and Butte

Governor Daugaard

http://sd.gov/governor/contact.aspx

 Senator Bradford

sen.bradford@state.sd.us

 Senator Adelstein

Sen.adelstein@state.sd.us

Senator Haverly

Sen.maher@state.sd.us

Senator Maher

Sen.maher@state.sd.us

Senator Nelson

Sen.nelson@state.sd.us

Senator Nygaard

Sen.nygaard@state.sd.us

Senator Putnam

Sen.putnum@state.sd.us

Senator Rhoden

Sen.rhoden@state.sd.us  

*END OF ACTION ALERT!

Update regarding oil drilling at Bear Butte

January 21, 2011

Update regarding oil drilling at Bear Butte

From: Protect Sacred Sites

www.protectsacredsites.org

www.protectbearbutte.com

Hello everyone,

On November 18, 2010, the South Dakota DENR approved a permit for Nakota Energy to drill for oil, one mile west of Bear Butte, a sacred site to the Plains Tribes. Bear Butte has four National designations; National Historical Landmark listed on December 21, 1981, National Historical Places listed on June 19, 1973, National Natural Landmark, listed on April 1965, Registered National Trail (Bear Butte Summit Trail), listed on June 1,1971. Bear Butte also has a wildlife refuge for migratory birds, protected under USFWS. 

The permit was approved by DENR without adequate public comments or public knowledge. Our organization immediately began to challenge the approval of permits with DENR. During our conversations with DENR, Governor Rounds office, USFWS and Meade County we were repeatedly told, there was nothing that could be done once the permits were approved. USFWS regretfully was not able to intervene due to logistics of boundary regulations and State supersedes County in this instance. The final outcome was appearing that if we wanted to take action, it would have to be done as an appeal in court. This was not a reality for us as an organization. 

We also contacted the Tribes for assistance and to alert them of the potential for oil drilling. Thankfully, Standing Rock Sioux Tribe took action and passed a Tribal Resolution opposed the drilling near the mountain. This also could be submitted during the public comment period and hearing.   

Persistence and public outcry in this case has made a difference and the decision could potentially be changed. The beginning of January the South Dakota Historical Society put a temporary halt to the drilling at Bear Butte, resulting from Nakota Energy not following protocol on consultation, prior to drilling. This consultation is a requirement since Bear Butte is listed as a National Historical Landmark. 

I spoke with Jason Haug of the Society today, to get an update on the issue and what action will be taken next. Mr. Haug informed me that DENR will be opening an additional public comment period and court hearing will be held sometime in the next couple months. The Society will submit their findings and suggested plan of action for DENR at that time. Once I have been made aware that the public comment period is in effect, we will be sending out an action alert asking everyone including the public, Tribes and organizations to send in opposition letters to both DENR and to Mr. Haug at SDHS. When the alert is sent out, I will try and include a “sample letter” for everyone to use if they choose to do so. 

Over the past six years all of us taking a stand for the Protect Bear Butte efforts have battled bars, concert venues, helicopter rides over the mountain, shooting ranges and today, attacks violating and desecrating under Mother Earth and our sacred site, oil drilling. Over the years, never thought we would be battling this type of encroachment, as if the Rally isn’t violating enough. 

This could be a glimmer of hope for the Protect Bear Butte efforts; at least SDHS is holding Nakota Energy accountable for their actions. I tried repeatedly to explain to DENR back in November that they were not following proper notification and Bear Butte is protected. Of course all they did was deny and argue with me about the issue, guess they will learn to follow procedures in the future, when it affects a sacred site!  At least for once our voices have been heard! 

A huge wopila tanka and thank you to everyone that helped make this happen! Your support for the Protect Bear Butte efforts is greatly appreciated! 

Will keep everyone posted and will send out the alert as soon as the comment period re-opens. 

“Our Sacred Ground is NOT Your Playground!”

Update November 22, 2010

We made progress today with researching the oil drilling near Bear Butte. 

Spoke with DNR this morning and expressed concerns about additional public notification and allowing further comments. At this point it will require appealing the decision in court, the only way this will happen is if the Tribes or another entity step up to do it. We now have copies of all the court documents, permits and evidence submitted by Nakota Energy and provided the information to the Tribes to review.   

The challenge with this issue is, this is private land and they also own the mineral rights. This is very unusual and gives them an advantage. We are being told, as long as they have a permit to drill, they can proceed. DNR has issued the permit, which is governed by State, which supersedes County regulations.  What a mess! This operation is all private, no state or federal monies are being used, so that eliminates other processes they would be required to follow. 

Also spoke with USFWS this morning, they had not been consulted with this process. Bear Butte Lake is a National Wildlife Refuge in cooperation with USFWS, the Lake is home for migratory birds and endangered species. They are investigating the info and will get back to me with the outcome if they can do anything. 

Spoke with Governor Rounds Senior Advisor today, expressed all the concerns with this issue. He will be discussing the concerns with the Governor and is suppose to be calling me back.

Governor Rounds has been a supporter of the Bear Butte issue for many years and attempted twice to acquire a conservation easement for a property located at Bear Butte. Unfortunately, it was voted down both times. He only has a short period of time left in office, not sure if he will be able to do anything, however at least now he knows there are concerns regarding the public comment period and how this was handled. 

Not sure what the outcome of this will be, will follow up with these folks and see how we can proceed. 

Will keep everyone posted as I find out more information. 

Thank you for your continued support for the Protect Bear Butte efforts.

“Our Sacred Ground, is NOT your playground”