BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SJR 3| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SJR 3 Author: McGuire (D), et al. Amended: 6/25/15 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 3/24/15 AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk NOES: Stone, Fuller SENATE FLOOR: 25-12, 4/9/15 AYES: Allen, Beall, Block, De León, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk NOES: Anderson, Bates, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak NO VOTE RECORDED: Berryhill, Cannella ASSEMBLY FLOOR: 52-19, 6/25/15 - See last page for vote SUBJECT: Smith River watershed protection SOURCE: Author DIGEST: This resolution 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. Assembly Amendments add several Assembly coauthors. ANALYSIS: SJR 3 Page 2 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. 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. This resolution 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. SJR 3 Page 3 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified6/30/15) American Federation of State, County, and Municipal Employees American Whitewater City of Crescent City County of Del Norte Earthworks Elk Valley Rancheria, California SJR 3 Page 4 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 OPPOSITION: (Verified6/30/15) 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 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." ASSEMBLY FLOOR: 52-19, 6/25/15 AYES: Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Rendon, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez, Beth Gaines, Gray, Grove, Harper, Jones, Lackey, Mathis, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron NO VOTE RECORDED: Dahle, Gallagher, Kim, Linder, Mayes, SJR 3 Page 5 Melendez, Perea, Ridley-Thomas, Wilk Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116 7/1/15 14:10:16 **** END ****