Efforts to protect the Black Hills from a lithium rush fail

PIERRE – There has been non-stop mining happening in the Black Hills since the Gold Rush of 1874 when Colonel George Custer trespassed with his expedition onto Lakota territory in the Black Hills. He exaggerated reports of gold deposits which sparked the gold rush

Now, there is a lithium rush underway and mining interests looking to extract critical minerals, especially lithium, think the Black Hills has a vast untapped resource of lithium. Lithium is used for batteries for cell phones, computers and electric vehicles as well as nuclear weapons, greases, glasses and ceramics.

President Biden during his administration had set an aggressive goal for electric vehicles which prompted a major push in lithium supplies and other critical minerals. His Defense Production Act ordered the Defense Department to consider fine metals – lithium, cobalt, graphite, nickel and manganese – as essential to national security. The order and Inflation Reduction Act incentives have spurred the domestic lithium boom.

Biden had also promised mining reform, but his term ended without making any significant changes.

Now the Trump Administration is expected to continue Biden-era policies to spur domestic mining operations. Trump’s pick for Secretary of the Interior, North Dakota Governor Doug Burgum was confirmed on a bipartisan Senate vote of 79 to 18 and is ready to carry out Trump’s Executive Order 14154 “Unleashing American Energy” which includes revoking projects and programs intended to protect land and the people.

Meanwhile, efforts to protect the Black Hills from lithium mining by strengthening regulations were thwarted by the Republican-controlled legislature.

“A little frustrated today,” resident Taylor Gunhammer (Lakota) told Native Sun News Today, referencing House Bill 1258 which would have required lithium mining operations be subject to certain provisions regarding permitting, annual reporting, disturbed land limitations and mined land reclamation. Gunhammer has been involved in the protection of the state’s water at a grass roots level for many years. “I didn’t hear any discussion by committee members talking about what their constituents actually want. They only discussed how to exploit minerals.”

The bill sponsor District 32 Representative Democrat Nicole Uhre-Balk spoke before the House Agriculture and Natural Resources Committee saying this is more than just about lithium mining but about the health of the people and protecting land, water and people. “Right now, our lithium mining is regulated like sand and gravel operations, requiring nothing more than a one-hundred-dollar license and a one-page application. There are no environmental or cultural assessments, no public hearings, and no accountability is needed.”

Uhre-Balk explained the difference between lithium mining and ‘digging up’ sand and gravel. “Lithium mining is a hard-rock mining operation similar to gold and silver mining and it should be held to the same standards. The impacts of lithium mining are too significant to ignore and yet under current law, South Dakotans have little say in how and where these mines are operated.” She said that House Bill 1258 seeks to correct this oversight by applying the same safeguards that exist for other hard-rock mining operations. “It ensures that mining companies provide detailed permitting applications, conduct environmental and cultural impact assessments and implement stronger protections for surface and groundwater. It also mandates public hearings and provides a fair process to hear objections.” It would allow the public to officially object, which currently is not allowed. It would also require higher bonding appropriate to the potential impacts of a lithium mine and a mining reclamation plan would be required for clean-up after the mine closed.

Hot Springs resident Sarah Petersen said that forest fires and drought are more frequent, and aquifers are not being replenished. “I support classifying lithium under hard rock mining rules. This will ensure that our water will be better protected as well as the cleanup of mine sites. “

Mitch Richter, from NDN Collective, said efforts during a previous legislative session to create a taxing mechanism was not successful. He said this bill would be the first step in getting proper regulation and having lithium mining in the appropriate section of the code. “Although it’s a seven-page bill, it doesn’t need to be seven pages. It does what it is intended to do just by inserting language in several places. It provides for an annual report. It keeps it to 320 acres and has to be reclaimed before the company can get another permit.” Richter said there is also a section that deals with reclamation, “which everybody is concerned about. We urge passage of this bill and at some point we can talk about how we could tax this valuable resource.”

During the hearing, Uhre-Balk said this bill does not stop lithium mining. “It simply makes sure that our natural resources and local communities are protected.” She said South Dakota residents deserve transparency, accountability and responsible resource management. “With increasing pressure to extract lithium, now is the time to act. We need to make sure that these projects are done responsibly. Not at the cost of our land, water and future. We understand that lithium is a critical mineral for all kinds of reasons. But that doesn’t mean we can’t mine it more responsibly.”

Gunhammer said the local grass roots organizations will be running a lot of content of how the House Ag and Natural Resources Committee failed people for the third time in a row. “They’re casting the fact that this motion has been brought three times as a reason it shouldn’t be done. I say the fact that it has been brought three times makes it obvious that this is what the people want. If you aren’t serving the people in that role, what are you doing? Get out.”

Proponents in favor of increased protections far outnumbered the lobbyists and lawmakers who were in opposition.

Dr. Lilias Jarding, who is a Rapid City resident and has studied and worked on

environmental policy, specifically mining and energy with a focus on the Black Hills for decades, said,  “Let me explain why this bill is good policy. First, good policy treats similar situations in a similar manner.” She said this simplifies regulation at the legislative level and at the department level. It also clarifies what is regulated. “Second, good policy stays up to date and deals well with current situations. Until recently, lithium hadn’t been mined in the Black Hills for decades and there wasn’t a lot of interest. “But now that there are nine operators with an interest in lithium in the Black Hills, that I know of, and at least five active lithium mining licenses. It’s a good idea to update the statutes.” She said House Bill 1258 was a good start.

Students at the Howard Center for Investigative Journalism at Arizona State University’s Walter Cronkite School of Journalism and Mass Communications gained national attention last year with their investigative report “Lithium Liabilities” which aired on the PBS NewsHour. The report examined how the proposed expansion of lithium mines would further deplete the water supply in the America West and other parts of the country.

The report focused on a lithium mine in Nevada which caused underground water sources to dwindle and disappear in some cases. The series examined the implications on water sources from 72 lithium mines that have been proposed in nine states.

Testimony from Melissa McCauley from Dakota Rural Action Brookings addressed these concerns, “ Many of the property owners near these mines are on private water wells which are endangered by the mining. “The mining will lower the water table and will deplete local water supplies. South Dakota taxpayers shouldn’t have to pay for these mines to be cleaned up once mining ceases.”

Mike Lees from the South Dakota Minerals and Mining Program of the Department of Natural Resources gave three reasons they oppose the bill. He said requiring lithium mining to fall under hard rock mining is unnecessary because it’s not the same simply because the projects remain small. Lithium is found in pegmatites, and they are found scattered in small amounts across the Black Hills. He said lithium doesn’t use chemical agents. Lees said the environmental requirements are adequate.

Kwin Neff from the South Dakota Minerals Industry Association opened his testimony by talking about the industry’s open-door policy. “The folks that are in the pegmatite mining business and looking for lithium have an open-door policy for the committee. And pegmatite, I would love to stand up here and explain what that is but the best thing this committee could do is put boots on the ground. The companies in our association would be happy to have you out on site.”

Neff said the mining process is the same no matter what is being mined. He compared mining to growing wheat. “You’re going to harvest that and send it to a grain mill and that’s what these folks would be doing, is mining gravel that has an ore in it that has lithium and sending it to a plant.” Neff seemed to say that there is interest in more than just lithium when he said that there are a lot of other useful minerals in the pegmatite. He said he lives in Keystone and is surrounded by mines which he described as simple gravel digs.

Neff said lithium exploration is new and it’s entirely possible that other useful minerals will be found. Representative Tim Goodwin of Custer said that this bill is a threat to national security and could impact the U.S. ability to mine minerals.

Speaking by phone, Matt Hartmann President of Iris Metals, a lithium exploration company that is active in the Black Hills didn’t take any time to explain his company’s opposition to the people’s request. “We do currently hold three mining licenses. We do not have any mining activities ongoing right now. I would like to state the we have an open-door policy and should any members of the committee or the committee as a whole like to come and learn more about lithium exploration in the Black Hills we would be more than happy to host your group.”

Goodwin made a motion to move the bill to the 41^st day and was seconded by Representative Kevin Van Diepen. Representative Kadyn Wittman from Sioux Falls, the only Democrat to sit on the committee made a “Do Pass” motion to send the bill to the

full House of Representatives. The vote was tied 6 to 6 with Representatives Auch, Ismay, Rice, Nolz, Wittman and Hunt for voting in favor of sending the bill to the full House.

(Contact Marnie Cook at cookm8715@gmail.com)

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