BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                         SJR 3|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                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: 








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          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.









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          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








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          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,  








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            Melendez, Perea, Ridley-Thomas, Wilk


           Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116
          7/1/15 14:10:16


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