2001-407-Resolution No. 2001-029 Recorded 5/4/2001VOL: CJ2001 PAGE: 407
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-407 * Vol -Page Printed: 05/08/2001 15:39:06
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
May. 4, 2001; 1:1 l p.m.
Resolution (CJ)
NUMBER OF PAGES: 3
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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BEFORE THE BOARD OF COMMISSIONERS
FOR DESCHUTES COUNTY, OREGOOIy'
In the Matter of the ) n"
Election to Receive National Forest ) CUUP f 7 CLEFK
Related Safety -Net Payments
Under P.L. 106-393
RESOLUTION NO. 2001-029
WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires
that 25 percent of the revenues derived from National Forest lands be paid to states for use by
the counties in which the lands are situated for the benefit of public schools and roads; and
WHEREAS, the sharing of revenues from the National Forest lands is, in part, a
recognition that these lands are not subject to local taxation, and also that counties provide
services that directly benefit the lands and the people who use the lands; and
WHEREAS, the principal source of revenues from National Forest lands is from the sale
and removal of timber, and which has been sharply curtailed in recent years; and
WHEREAS, the volume of timber sold annually from most National Forest lands has
declined precipitously, with a corresponding precipitous decline in revenues shared with
counties; and
WHEREAS, the United States Congress recognized a need to stabilize education and
road maintenance funding through predictable payments to the affected counties, job creation in
those counties, and other opportunities associated with restoration, maintenance and
stewardship of federal lands, and to achieve those goals enacted P.L. 106-393 in 2000; and
WHEREAS, P.L. 106-393 provides for guaranteed minimum payments for the benefit of
affected counties, as well as an opportunity to invest a portion of the guaranteed minimum
payments in projects on federal lands or that benefit resources on federal lands, or in county
projects or activities; and
WHEREAS, Title I, Section 102 of P.L. 106-393 gives each eligible county the right to
elect to receive either its traditional share of revenues from the National Forest lands pursuant
to the Act of May 23, 1908 and Section 13 of the Act of March 1, 1911, or instead to receive the
guaranteed minimum amount, also known as the "full payment amount;" and
WHEREAS, the election to receive either the full payment amount, or instead, the
traditional share of revenues, must be communicated to the Governor of Oregon, who in turn
must communicate the election by each county to the Secretary of the United States
Department of Agriculture; and
Resolution 2001-029 — Page 1 of 3
WHEREAS, an election to receive the full payment amount is effective for all federal
fiscal years through fiscal year 2006; and
WHEREAS, Deschutes County is an eligible, affected county with the right to make an
election pursuant to Title I, Section 102 of P.L. 106-393; and
WHEREAS, any county electing to receive the full payment amount must further elect to
expend an amount not less than 15 percent nor more than 20 percent of its full payment amount
as project funds in accordance with Title I, Section 102(d)(1)(B) of P.L. 106-393; and
WHEREAS, Title I, Section 102(d)(1)(B) of P.L. 106-393 requires that counties electing to
receive the full payment amount must allocate its project funds for expenditure between projects
in accordance with Title II of P.L. 106-393, projects in accordance with Title III of P.L. 106-393,
and a return of the balance unspent under Titles II and III to the General Treasury of the United
States, and communicate such allocation to the Secretary of the United States Department of
Agriculture; and
WHEREAS, Title I I of P.L. 106-393 provides for special projects on federal lands or that
benefit resources on federal lands, which projects are recommended by local resource advisory
committees ("RACs"); and
WHEREAS, RACs recommend projects for consideration by the Secretary of Agriculture,
with project funding supplied in whole or in part out of monies allocated for such purposes by
participating counties; and
WHEREAS, counties that allocate funding to projects under Title II of P.L. 106-393, and
are participants in more than one RAC, may further direct that their Title II project funds be
divided between different RACs according to an allocation decided by each participating county,
with such funds held in the General Treasury of the United States under the name of the county
with a designation of the amount allocated to each RAC; and
WHEREAS, Title III of P.L. 106-393 provides for county projects or services, some of
which are associated with federal lands, with Title III authorizing expenditures for search, rescue
and emergency services, staffing of community service work camps, the purchase of
easements, forest related educational opportunities, fire prevention and planning, and
community forestry pursuant to the Cooperative Forest Assistance Act of 1978; and
WHEREAS, Deschutes County is projected to benefit by electing to receive its full
payment amount rather than electing to receive its traditional share of National Forest revenues:
NOW, THEREFORE, be it resolved as follows:
1. Deschutes County hereby elects to receive its full payment amount pursuant to Title I,
Section 102(a)(2) of P.L. 106-393.
Resolution 2001-029 — Page 2 of 3
2. Deschutes County hereby allocates fifteen percent (15%) of its full payment amount for
expenditure on projects under Title II and Title III of P.L. 106-393. Deschutes County will
return none (zero percent) of its full payment amount to the General Treasury of the
United States pursuant to Title I, Section 102(d)(1)(13)(iii).
3. Of the total amount allocated to Title II and Title III projects above in paragraph 2,
hereinafter referred to as the "Project Funds," Deschutes County further allocates
between such Titles for federal fiscal year 2001 (for expenditure after federal fiscal year
2001) on the following basis: Fifty percent (50%) of Project Funds for expenditure on
Title II projects and fifty percent (50%) of the Project Funds for expenditure on Title III
projects.
4. Of the amount of Project Funds allocated to Title II projects above in paragraph 3,
Deschutes County further allocates between RACs as follows:
100 percent to the Deschutes / Ochoco RAC.
5. The original or a certified copy of this Resolution shall be transmitted to Mr. Rocky McVay
with instructions to reconvey the Resolution to the Office of Governor of the State of
Oregon with a request that the Governor communicate the elections made herein to the
Secretary of the United States Department of Agriculture.
v
ADOPTED this r� day of 2001.
ATTEST:
1
Recording Secretary
Resolution 2001-029 — Page 3 of 3
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUN-FY, OREGON
TOM DEW6V, CHAIR
6ENINIS R. LUKE, COMMISSIONER
MICHAEL M. DALY, OMMISSIONER