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:
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
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