BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SJR 3| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SJR 3 Author: McGuire (D), et al. Amended: 3/17/15 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 3/24/15 AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk NOES: Stone, Fuller SUBJECT: Smith River watershed protection SOURCE: Author DIGEST: This resolution urges 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. ANALYSIS: The Smith River in California is part of the Smith River National Recreation Area Act (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. The North Fork of the Smith River was designated as a National Wild and Scenic River in 1988. However, the 13 miles of the North Fork of the Smith River located in Oregon were not protected as part of this Act. SJR 3 Page 2 This resolution urges the Federal Government to permanently protect the North Fork of the Smith River watershed, restricting future mining activities along the river. Background The North Fork of the 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 of the 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 of the 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. Comments Upstream mining risks. Renewed efforts to protect North Fork of the Smith River have come about due to requests by the Red Flat Nickel Corporation to mine for metals in the North Fork of the Smith River watershed. 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 SJR 3 Page 3 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified 3/25/15) American Federation of State, County, and Municipal Employees American Whitewater County of Del Norte Earthworks Elk Valley Rancheria, California Friends of the Kalmiopsis Friends of the River Kalmiopsis Audubon Society Native Fish Society Planning and Conservation League Redwood National Park Save the Redwoods League Smith River Alliance Smith River Rancheria Tribal Council Trout Unlimited Wild and Scenic Rivers OPPOSITION: (Verified3/25/15) None received 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 Page 4 "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 California's portion of the Smith River watershed." Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116 3/25/15 14:10:56 **** END ****