SUBJECT: April 9 Deadline to Save Bear Butte Lake National Wildlife
Refuge!
April 9, 2007 is the deadline to submit letters OBJECTING to the proposal
by the U.S. Fish and Wildlife Service to divest its easement interests in
the Bear Butte Lake National Wildlife Refuge, turning the management of the
Refuge entirely over to the State of SD, the Bureau of Land Management and
private landowners.
This alert is asking citizens, tribal nations, organizations and allies
concerned about the protection of Bear Butte and adjacent Bear Butte Lake
to OBJECT to this plan by the APRIL 9TH DEADLINE.
This Alert contains:
1) THE ISSUE
2) PROPOSAL TO DIVEST THEMSELVES OF THE REFUGE
3) HOW TO COMMENT
4) SAMPLE LETTER - CUT AND PASTE
5) HOW TO GET THE EA DOCUMENT
6) BACKGROUND DATA ON BEAR BUTTE LAKE NWR
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1) THE ISSUE
Bear Butte Lake is both a State Park and a National Wildlife Refuge (NWR).
A 1967 agreement executed between the U.S. Fish and Wildlife Service
(USFWS) and the SD Game Fish and Parks Department (SDGFP) allows for SDGFP
to manage the Refuge. However, because the management goals of the SDGFP
are recreational in nature and therefore, not compatible with the USFWS
Refuge System, the USFWS Refuge System believes it makes sense to divest
itself, rather than enforce its own singular mission, which is to manage
the area for wildlife conservation. These conflicting management purposes
date back to the 1950's, when no tribal input was solicited. In fact, the
planning team that ran the divestiture model to determine whether Bear
Butte NWR should be considered for the proposed divestiture did not include
tribal consultation at its March 30, 2005 meeting.
The Refuge was created in 1937, when the USFWS acquired conservation
easements from the State of SD, the War Department (now the Bureau of Land
Management - BLM) and private landowners. The Refuge was established 'for
the purpose of water conservation, drought relief, and migratory bird and
wildlife conservation purposes. Following establishment, however,
incompatible uses such as boating, camping, picnicking have been permitted
and supported', reads page 33 of the Draft EA.
The USFWS has 374.20 easement acres and no fee title lands. The majority
of the dam, on the western side, is on BLM land, while the remainder is on
State owned land. Three small BLM parcels lie within the Refuge
Boundaries, while the private lands border the boundaries. The USFWS 'has
not enforced its easement rights for many years, neither has it made its
right known' (page 53, Appendix E of the Draft EA).
To date, Tribal interests in preservation of this cultural resource have
not been properly solicited and are not documented in the Draft EA. As
well, the document proposing divestiture fails to mention the current
controversy around inappropriate development near Bear Butte in Section 5
of the EA (page27). This section outlines effects common to all
alternatives, including Environmental Justice issues. In fact, this
section closes: 'Within the spirit and intent of EO 12898 (President
Clinton's issuance of the Federal Actions to Address Environmental Justice
in Minority Population and Income Populations), no minority or low-income
population would be impacted by any Service action under the two
alternatives presented in this document.'
The timing of this proposed divestiture could not be worse in terms of the
larger issue of protection of Bear Butte and its adjacent resources,
including Bear Butte Lake. Due to effects of drought other factors that
have not been studied, the Lake was completely dry many times during this
past Winter 2006/2007 and for quite a long time. We are calling for a
complete Environmental Impact Statement along with objections to this
proposed divestiture.
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2) PROPOSAL TO DIVEST THEMSELVES OF THE REFUGE
The USFWS believs that the SDGFP, via its promotion of the recreation uses
of the Lake, prioritizes recreational use over wildlife. The mission of
the USFWS is to protect wildlife; it allows for recreation related to
wildlife on its refuges, but when conflicte arise, WILDLIFE, NOT RECREATION
is the USFWS priority.
For example, they believe that the recreational uses at the Lake prevents
whooping cranes, an endangered or threatened species, from using the area.
The USFWS doesn't think a park managed for recreation should be a refuge
and want to walk away from the Bear Butte Lake NWR - GIVING UP THEIR
EASEMENTS.
The planning document for the USFWS, called an Environmental Assessment
(EA), proposes only two alternatives:
1. Continue the status quo, or
2. Divest themselves of the Refuge
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3) HOW TO COMMENT
Comments are due in writing and postmarked by April 9th, 2007 to:
Michael Spratt
U.S. Fish and Wildlife Service
P.O. Box 25486
Denver Federal Center,
Denver, CO 80225-0486
michael_spratt@fws.gov
Questions can be addressed to:
Michael Spratt, micheal_spratt@fws.gov, (303) 236-4366, or
Tom Koerner, Tom_Koerner@fws.gov, (605) 685-6508, lacreek@fws.gov
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4) SAMPLE LETTER - CUT AND PASTE
Date
Michael Spratt
U.S. Fish and Wildlife Service
P.O. Box 25486
Denver Federal Center,
Denver, CO 80225-0486
michael_spratt@fws.gov
Cc: Rep. Stephanie Herseth Stephanie.herseth@mail.house.gov
1823 W. Main St.
Rapid City, SD 57701
Sen. Tim Johnson elli_wicks@johnson.senate.gov
405 E. Omaha, Suite B
Rapid City, SD 57701
Dear Mr. Spratt,
I, ______, am submitting this formal objection to the proposal by the U.S.
Fish and Wildlife Service to divest its easement interests in the Bear
Butte Lake National Wildlife Refuge, turning the management of the Refuge
entirely over to the State of SD, the Bureau of Land Management and private
landowners. I am urging the USFWS to maintain their presence and enforce
their Refuge System mission to manage the area for wildlife conservation.
The USFWS EA is "thin" in many areas, including it's proposed two
alternatives. The EA should propose another alternative, insisting that
the State of SD change its management of the Lake and the Lake's
surroundings to decrease the impacts of recreation to wildlife. The Draft
EA provides insufficient documentation of the existance of confllcts
between recreation and wildlife. While the EA provides data on the State
Parks infrastructure and policies, it does not provide data on the Parks
actual patterns of recreational use or actual wildlife data - except to
list species that occur there. For example, the EA says, "Documentation of
bird occurrence and use is not well-developed for this refuge." But
ironically, it is documented that recreation adversely impacts wildlife.
Native American cultural protections under Federal laws, require
consultation with Native Americans regarding environmental justice and
protection of historic/cultural resources. As State laws in this area are
much weaker than the superior Federal regulations, the removal of the
USFWS, a Federal agency, will seriously threaten the protection of Native
American interests. In fact, tribal consultation on this Draft EA did not
occur at the March 30, 2005 meeting, nor was it sought, or included in the
document.
When Federal government plans a project, gives money for a project, or
permits a project, NEPA (the National Environmental Policy Act) is invoked.
If the area affected has "Unique characteristics of the geographic area
such as proximity to historic or cultural resources, park lands, prime
farmlands, wetlands, wild and scenic rivers or ecologically critical
areas." an Environmental Impact Statement (EIS) is needed (40 CFR 1508.27
(b) (3)).
I am requesting an EIS on the Bear Butte NWR divestment plan of the USFWS
as future development of the area may involve federal dollars and plans.
The State of SD is planning to build a highway by-pass around Sturgis to
drop traffic from I-90 to the eastside of Sturgis. The recent flurry of
commercial rally-related development near Bear Butte is in anticipation of
this new by-pass.
With the National Wildlife Refuge status, in addition to the National
Historic Landmark at Bear Butte, both on Highway 79, there exist compelling
arguments for an EIS rather than an EA on the proposed by-pass or other
future projects, which may involve federal dollars.
Highly controversial and culturally inappropriate development that
currently threatens Bear Butte is not mentioned or portrayed within the
"Environmental Justice" section of the EA. Part of Bear Butte and most of
the lands immediately under its slope remain in private ownership. At the
crux of the issue are the no zoning policies of Meade County, the local
governing body, and the impacts of unregulated bike rally development on
Native American interests. These critical Environmental Justice issues are
not mentioned within the Draft EA and need to be considered in the proposed
divestiture of the USFWS.
If the USFWS divests its interests the remaining federal regulating agency
will be the BLM, which is a "multiple-use" agency. I PREFER THE USFWS,
rather than the BLM and private landowners, as a federal land manager in
this most special area and hope you will give my comments favorable
consideration.
Sincerely,
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5) HOW TO GET THE EA DOCUMENT
Here is the link to download the draft EA:
http://mountain-prairie.fw
s.gov/planning/States/Sout
h%20Dakota/bear_butte/bebc
cp_draft_web.pdf
The link to the EA on the USFWS regional webpage:
http://mountain-prairie.fw
s.gov/planning/ccp.htm
http://mountain-prairie.fw
s.gov/planning/States/Sout
h%20Dakota/SouthDakota.htm
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6) BACKGROUND DATA ON BEAR BUTTE LAKE NWR
On the eastside of SD Highway 79, just a few miles northeast of the town of
Sturgis, lies Bear Butte, revered by tribes across North America as one of
the most sacred mountains. In geological terms, Bear Butte is a laccolith
geologic formation, a bubble of magma that did not reach the volcanic
stage. Bear Butte rises some 1,253 feet above the plains and sits at an
elevation of 4,422 feet on the northeastern edge of the sacred Black Hills.
Today, the mountain is owned by several Native Tribes, the State of South
Dakota (as a State Park) and various private landowners.
Just to the west of Bear Butte, across Highway 79, lies Bear Butte Lake,
which sits in one of the drainages that flow off of Bear Butte. The
drainage of Bear Butte Lake is tributary of Spring Creek. Spring Creek
flows around the northside of Bear Butte and joins Bear Butte Creek, about
6 miles east of the Mountain.
The Lake was once a natural lake, or prairie pothole. A dam was built
along its southwest side and the natural lake/pothole is now augmented with
additional surface water runoff now collected by the dam. The Lake has a
surface are of 180 acres and a maximum depth of 13 feet.
There was once an artesian well near Bear Butte, which was used to supply
additional water to the Lake via an easement that the U.S. Fish and
Wildlife Service held to pipe water into the lake. In 1987, the
engineering on this well failed, was not repaired and thus this ground
water no longer augments the surface water of the Lake.
The Lake supports an artificial fishery of introduced fish, which
periodically die off when the lake shrinks, yielding low oxygen and high
temperatures.
The Lake provides for shore birds and waterfowl and is especially important
habitat for them during the spring and fall migrations. Due to drought
conditions, the Lake has been completely dry many times during the winter
of 2006/2007.
In peace & solidarity,
Tamra
www.NDNnews.com
www.protectsacredsites.org
"Providing news and information about Native American Issues & Causes"
"Helping to make a difference for our people in Indian Country, one day at a time. What will you do today to help make a difference?"
"Our sacred lands are all that remain keeping us connected to our place on Mother Earth, to our spirituality, our heritage and our lands; what’s left of them. If they take it all away, what will remain except a vague memory of a past so forgotten?"
