2010-2622-Resolution No. 2010-030 Recorded 5/27/2010REVIE D
LEGAL COUNSEL
COUNTY OFFICIAL
NANCYUTES BLANKENSHIP, COUNTY CLERKDS
COMMISSIONERS' JOURNAL 0511111ni0 1n'03'48 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the FFY 2010 Elections for
National Forest Related Safety -Net Payments
RESOLUTION NO. 2010-030
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 principal source of revenues from National Forest lands is from the sale
and removal of timber, which has been curtailed in recent years with a corresponding 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, and to achieve
that goal enacted the Secure Rural Schools and Community Self -Determination Act of 2000,
which has been amended and re -authorized for FFY 2008 - 2011 ("SRS2008"); and
WHEREAS, SRS2008 provides for guaranteed minimum payments for the benefit of
affected counties, as well as an opportunity to invest a portion of the payments in projects on
federal lands or that benefit resources on federal lands, or in county projects or activities; and
WHEREAS, Title I of SRS2008 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 (the "25 -percent payments"), or instead to
receive a guaranteed minimum share of the State payment pursuant to Sections 102(a)(1)(B) and
103 (the "full county payment amount"); and
WHEREAS, an election to receive the full county payment amount is effective for all
federal fiscal years through FFY 2011, and an election to receive a 25 -percent payment is
binding for two years; and
WHEREAS, any county electing to receive a full county payment amount must further
elect to expend an amount not less than 15 percent nor more than 20 percent of its full county
payment amount as project funds; and
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WHEREAS, Title I, Section 102(d) of SRS2008 requires that counties electing to receive
a full county payment amount must allocate its project funds for between projects in accordance
with Title 11 and Title III, and return the balance of project funds unspent under Titles II and III
to the Treasury of the United States, and communicate such allocation to the Secretary of the
United States Department of Agriculture; and
WHEREAS, Title II 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, RRCs 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, and are participants
in more than one RAC, may further direct that their Title 11 project funds be divided between
different RRCs according to an allocation decided by each participating county, with such funds
held in the 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 provides for county projects, some of which are associated with
federal lands, with Title III authorizing expenditures for search, rescue and emergency services,
fire prevention and planning under the Firewise Communities program, and development of
community wildfire protection plans; and
WHEREAS, a county with a full county payment amount of $350,000 or more may not
allocate more than 7 percent of its full county payment amount for Title III projects.
NOW, THEREFORE, be it resolved as follows:
1. Deschutes County has previously agreed to receive the guaranteed minimum full county
payment amount pursuant to SRS2008 Sections 102(a)(1)(B) and 103.
2. Deschutes County hereby allocates 15 percent of its full county payment amount for
expenditure on projects under Title 11 and Title III. Deschutes County will return none
(zero percent) of its full county payment amount to the Treasury of the United States.
3. Of the percent allocated to Title 11 and Title III projects above in paragraph 2, Deschutes
County further allocates between such Titles for FFY 2010 (for expenditure after FFY
2010) on the following basis: 8 percent of full county payment amount for expenditure on
Title II projects and 7 percent of the full county payment amount for expenditure on Title
III projects.
Page 2 of 3 - Resolution 2010-030 — National Forest Safety -Net Payments
4. Of the amount of project funds allocated to Title 11 projects above in paragraph 2,
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 Kevin Q. Davis,
sent to the following address: One SW Columbia Street, Suite 1600, Portland, OR 97258
ADOPTED thi� `_day of , 2010.
DENS R. LUKE, Chair
6J,&._ �
ALAN GER, Vice Chair
TA BA Y, Cam ' ioner
ATTEST:
Recording Secretary
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