Home Campaigns Uranium Board Decision Endangers Bald Eagles and Archaeologic Sites

Board Decision Endangers Bald Eagles and Archaeologic Sites

Nov. 20, 2008

Pierre, SD - A decision made by the South Dakota Board of Minerals and Environment ignored recommendations by the SD Game, Fish, and Parks Department [GF&P] to protect a bald eagle nest, and the SD Archaeologist to study five possible cultural resource sites in an area slated to become a uranium processing plant.

Even though the recommendations were given to the Board in an information packet from the SD Department of Environment and Natural Resources [DENR] at a hearing on Nov. 19, 2008, and Defenders of the Black Hills used the recommendations as a part of the grounds for denial of a permit to drill 30 more uranium exploratory wells, the Board granted the permit. Powertech (USA) Inc., a Canadian uranium mining company, wants to build a uranium processing plant on the site in question.

The GF&P letter dated Oct. 17, 2008, stated that the no exploration activity should be conducted on the land in question for 7 months per year, between Feb. 1 and Aug. 31, “to avoid disruption of bald eagle activity at the nest” and also a nearby redtail hawk nest. Defenders of the Black Hills further asked about compliance with other federal laws, the Migratory Bird Treaty Act, and the Bald and Gold Eagle Act which would protect the bald eagles. The Board did not respond.

Mike Fosha, the Assistant State Archaeologist for the SD State Historical Society who gave testimony at the hearing, also talked about several sites that still needed to be studied. In a letter dated Oct. 15, 2008, to the DENR, Fosha said “Before any recommendation on these sites can be made, a report outlining their avoidance or their archaeological potential from a cultural resources perspective must be reviewed by this office…Five sites have not been evaluated and require additional archaeological investigation before any recommendation can be made concerning their eligibility for nomination to the NRHP.” [National Register of Historic Places]

Defenders again stated that the Board of Minerals must deny the permit as the State Archaeologist did not have time to conduct a review or make a recommendation. Without such a review and recommendation, irreplaceable archaeological and historic sites could be destroyed. Defenders also questioned Powertech’s comments that a Cultural Resources evaluation was conducted as it did not state the date or who conducted the evaluation.

Gary Heckenliable, from ACTion for the Environment, had a statement presented which further questioned the financial viability of the Canadian company to reclaim the land after the mining operation ceases. Heckenliable asked the Board to consider the financial capabilities for a reclamation bond when Powertech’s shares are currently at 22 cents per share. His statement reminded the Board of their previous permit to Brohm Mining Company, another Canadian company, who mined gold and left an abandoned mine whose cleanup is now being paid by South Dakota taxpayers.

Garvard Good Plume Jr., in his individual testimony, quoted a study from the South Dakota School of Mines regarding the old abandoned uranium mines in the area contaminating ground water. He stated: “No more uranium exploratory wells should be drilled until all the aquifers are cleaned up, safe, and protected.”

According to state law, SDCL 45-6D-29., the Board may deny a permit for any of the following reasons:

(1) The application is incomplete or the surety has not been posted;

(2) The applicant has not paid the required fee;

(3) The adverse effects of the proposed uranium exploration operation on the historic, archaeologic, geologic, scientific, or recreational aspects of affected or surrounding land outweigh the benefits of the proposed uranium exploration operation;

(4) The proposed uranium exploration operation will result in the loss or reduction of long-range productivity of watershed lands, public and domestic water wells, aquifer recharge areas, or significant agricultural areas; or

(5) The proposed uranium exploration operation will adversely affect threatened or endangered wildlife indigenous to the area.

The next step in the process is an appeal of the Board of Minerals decision in state court.


For more information call Charmaine White Face, Coordinator at

Mission Statement

"Defenders of the Black Hills is a group of volunteers without racial or tribal boundaries whose mission is to preserve, protect, and restore the environment of the 1851 and 1868 Treaty Territories, Treaties made between the United States and the Great Sioux Nation."

Speaking about radioactive fallout, the late President John F. Kennedy said,

"Even then, the number of children and grandchildren with cancer in their bones, with leukemia in their blood, or with poison in their lungs might seem statistically small to some, in comparison with natural health hazards. But this is not a natural health hazard and it is not a statistical issue. The loss of even one human life, or the malformation of even one baby who may be born long after we are gone, should be of concern to us all. Our children and grandchildren are not merely statistics toward which we can be indifferent."

July 26, 1963 upon signing the ban on above ground nuclear tests