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 ----------------------------------------------------------------- |Author: |McGuire | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |March 17, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: | |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Angee Doerr | | | | ----------------------------------------------------------------- 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, SJR 3 (McGuire) Page 2 of ? 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 SJR 3 (McGuire) Page 3 of ? 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 SJR 3 (McGuire) Page 4 of ?