BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            SJR 3           Hearing Date:    March 24,  
          2015
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          |Author:    |McGuire                |           |                 |
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          |Version:   |March 17, 2015                                       |
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          |Urgency:   |                       |Fiscal:    |No               |
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          |Consultant:|Angee Doerr                                          |
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                     Subject:  Smith River watershed protection

          BACKGROUND AND EXISTING LAW
          The National Wild and Scenic Rivers System was created by  
          Congress in 1968 (Public Law 90-542; 16 U.S.C. 1271 et seq.)(the  
          Act) to preserve certain rivers with outstanding natural,  
          cultural, and recreational values in a free-flowing condition  
          for the enjoyment of present and future generations. The Act is  
          notable for safeguarding the special character of these rivers,  
          while also recognizing the potential for their appropriate use  
          and development. It encourages river management across political  
          boundaries and promotes public participation in developing goals  
          for river protection. 

          In the National Wild and Scenic Rivers System, Wild River Areas  
          are rivers or sections of rivers that are free of impoundments  
          and generally inaccessible except by trail, with watersheds or  
          shorelines essentially primitive and waters unpolluted. These  
          represent vestiges of primitive America. Scenic River Areas are  
          rivers or sections of rivers that are free of impoundments, with  
          shorelines or watersheds still largely primitive and shorelines  
          largely undeveloped, but accessible in places by roads.

          California Smith River is part of Smith River National  
          Recreation Area Act, which was passed by the 101st United States  
          Congress in 1990 (Public Law 101-612). It amended the Wild and  
          Scenic Rivers Act of 1968 and permanently protected all federal  
          lands of the Smith River watershed within California by  
          establishing the Smith River National Recreation Area. However,  







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          the thirteen miles of the North Fork Smith River located in  
          Oregon were not protected as part of this Act.

          The North Fork Smith River was designated as a National Wild and  
          Scenic River in 1988. Of the 13 miles of the Smith River that  
          flow through Oregon, 8.5 miles are designated as Wild, and 4.5  
          miles are designated as Scenic. The North Fork Smith River is  
          known for its outstanding water quality and for its ability to  
          clear quickly following storms. Low turbidity and lack of  
          pollutants contribute to the river's excellent habitat and high  
          fisheries value.

          The North Fork Smith River's fishery, typical of Pacific coastal  
          systems, is dominated by trout and salmon. Winter steelhead and  
          sea-run cutthroat trout are the predominant anadromous species  
          on the North Fork. Some populations of coho, Chinook (both fall  
          and spring run), and summer steelhead are found in the lower  
          reaches of the river, primarily in California. The North Fork  
          provides seven miles of near-pristine steelhead spawning and  
          rearing habitat and is a significant source of the high-quality  
          water on which the anadromous fishery of the Smith River  
          depends.


          PROPOSED LAW
          This resolution would urge the President of the United States  
          and Congress, on behalf of the California Legislature, to  
          permanently safeguard the currently unprotected North Fork of  
          the Smith River watershed in Oregon from any mining activities  
          that would have potential impacts on water supplies, economies,  
          or the environment in California's portion of the Smith River  
          watershed.

          ARGUMENTS IN SUPPORT
          According to author, "[t]he Smith River watershed is considered  
          the crown jewel of the California Wild and Scenic Rivers system.  
          The Smith River watershed is in danger of future mining  
          activities which will unnecessarily put the people and wildlife  
          that rely on the Smith River at risk."

          "SJR 3 would urge the Federal Government to permanent safeguard  
          the unprotected North Fork of the Smith River watershed in  
          Oregon from any mining activities that would have potential  
          impacts on water supplies, economics, or the environment in  








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          California's portion of the Smith River watershed."

          ARGUMENTS IN OPPOSITION
          None received

          COMMENTS
           Upstream mining risks  . In 2012, Red Flat Nickel Corporation  
          submitted the Cleopatra Check Drilling Mining Plan with the  
          goals to develop and operate a 3,980 acre strip mine to extract  
          nickel, cobalt, and chromium in the watershed of the North Fork  
          of the Smith River in Oregon.  The plan was submitted to the  
          Rogue River-Siskiyou National Forest. While this plan has not  
          progressed past the environmental analysis stage, the  
          corporation maintains ownership of the area, and future plans  
          may be forthcoming. There is significant scientific evidence  
          that strip or surface mining of laterite nickel ores results in  
          ecological disruptions, including the release of toxic heavy  
          metals, and would likely affect the health and quality of the  
          California Smith River watershed and its fisheries. In addition,  
          mining laterite nickel ores is extremely energy intensive, and  
          is widely known for resulting in extensive greenhouse gas  
          emissions.
               
          SUPPORT
          American Federation of State, County, and Municipal Employees  
          (AFSCME)
          County of Del Norte
          Earthworks
          Friends of the Kalmiopsis
          Friends of the River
          Kalmiopsis Audubon Society
          Native Fish Society
          Planning and Conservation League
          Save the Redwoods League
          Smith River Alliance
          Trout Unlimited
          Wild and Scenic Rivers

          OPPOSITION
          None Received
          











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