2002-865-Resolution No. 2002-039 Recorded 5/23/2002COUNTY OFFICIAL
MARY HSUESPENNOLLOW, COUNTYRCLERKS C 2002'865
COMMISSIONERS' JOURNAL 0523/2002 01;56;41 PM
For
BEFORE THE BOARD OF COMMISSIONERS FOR DESCHUTES COUNTY, OREGON
In the Matter of the Election to Receive )
National Forest Related Safety -Net )
Payments Under P.L. 106-393 )
RESOLUTION NO. 2002-039
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 S=
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
RESOLUTION NO. 2002-039 - Page 1 of 3
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 turnmust
communicate the election by each county to the Secretary of the United States Department of
Agriculture; and
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 II 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, in 2001, Deschutes County elected to receive its full payment amount rather
than electing to receive its traditional share of National Forest revenues:
RESOLUTION NO. 2002-039 - Page 2 of 3
NOW, THEREFORE, be it resolved as follows:
1. 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).
2. Of the total amount allocated to Title II and Title III projects above in paragraph 1,
hereinafter referred to as the "Project Funds," Deschutes County further allocates between
such Titles for federal fiscal year 2002 (for expenditure after federal fiscal year 2002) 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.
3. Of the amount of Project Funds allocated to Title II projects above in paragraph 2,
Deschutes County further allocates between RACs as follows:
100 percent to the Deschutes / Ochoco RAC.
4. 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.
ADOPTED this day of 2002.
BOARD OF COUNTY C MMISSIONERS
OF DESCHUTES COL J�I OREGON
ATTEST:
WU-�1 U(J&I-
Recording Secretary'01'el /,//, 4K
RESOLUTION NO. 2002-039 - Page 3 of 3
TOM DEWOLF, CHAT
D NIS R. LUKE, COMMISSIONER
MidFfAPEL M. DALY,-C MMISSIONER