BILL ANALYSIS Ó
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SENATE THIRD READING
SJR
3 (McGuire)
As Amended April 6, 2015
Majority vote
SENATE VOTE: 25-12
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Natural |5-1 |Williams, Cristina |Harper |
|Resources | |Garcia, McCarty, | |
| | |Rendon, Mark Stone | |
| | | | |
| | | | |
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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:
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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.
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
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recreation area after 1990.
FISCAL EFFECT: None
COMMENTS: 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 United States Forest Service hasn't
approved any hard rock mining on the Rogue River-Siskiyou
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.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001067
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