BILL ANALYSIS Ó
SJR 3
Page 1
Date of Hearing: June 22, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SJR
3 (McGuire) - As Amended April 6, 2015
SENATE VOTE: 25-12
SUBJECT: Smith River watershed protection
SUMMARY: Urges the President of the United States and Congress
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.
EXISTING LAW:
1)Pursuant to the National Wild and Scenic River Act,
a) Preserves certain rivers with outstanding natural,
cultural, and recreational values in a free-flowing
condition for the enjoyment of present and future
generations.
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b) Classifies rivers in the National Wild and Scenic River
System (System) as wild, scenic, or recreational including
segments of the Smith River in both California and Oregon.
c) Requires each component of the System to be managed in
such manner as to protect and enhance the values which
caused it to be included in the System without limiting
other uses that do not substantially interfere with public
use and enjoyment of these values.
d) Prohibits new mining claims within one-quarter mile
boundary of rivers classified as wild. Allows new mining
claims on rivers classified as scenic or recreational
subject to reasonable access and regulations that minimize
surface disturbance, water sedimentation, pollution, and
visual impairment.
e) Allows existing valid mining claims or leases within the
river boundary throughout the System, subject to
regulations that minimize surface disturbance, water
sedimentation, pollution, and visual impairment.
2)Establishes the Smith River National Recreation Area in
California, which prohibits new mining claims in the
recreation area after 1990.
FISCAL EFFECT: Non-fiscal
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COMMENTS:
1)Author's statement:
The Panama-based Nickel Corporation submitted an
application to develop a 3,980 acre strip mine in
Oregon's portion of the Smith River watershed.
Although their application was partially withdrawn, it
is clear that future mining attempts are imminent.
Any mining activities on the North Fork of the Smith
would have devastating and irreversible impacts to the
entire Watershed and the surrounding people,
businesses and wildlife.
Any contaminations to the river's watershed will not
only ultimately affect the drinking water of Del Norte
County residents, but it will impact the thousands of
visitors and the many county businesses and residents
who rely on tourism for their livelihood. Mining
operations along the tributaries of the Smith would
impact water quality and quantity with the potential
to cause significant injury to fish and other
wildlife, including the federally protected Coho
Salmon.
2)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. In September 2014, the Oregon
Water Resources Department refused to allow Red Flat Nickel to
use water for drilling on a major tributary of the Smith River
on grounds that it "will impair or be detrimental to the
public interest." While the U.S. Forest Service hasn't
approved any hard rock mining on the Rogue River-Siskiyou
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National Forest in many years, new mining claims are still
allowed. The federal Smith River National Recreation Area
Act of 1990 prohibited new mining claims on 450 square miles
of Smith River watershed land, but only the portion in
California. 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.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, and Municipal Employees
American Whitewater
City of Crescent City
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
Save the Redwoods League
Smith River Alliance
Smith River Rancheria Tribal Council
Trout Unlimited
Wild and Scenic Rivers
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Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916)
319-2092