2022-352-Resolution No. 2022-062 Recorded 9/14/2022REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
2022-352
® 2
09/14/2022 10:27:20 AN4
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of Elections for
National Forest Related Safety -Net Payments
RESOLUTION NO. 2022-062
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 and 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
2022 and 2023 ("SRS 2022") via the Bipartisan Infrastructure Law; and
WHEREAS, SRS 2022 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 SRS 2022 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 share of the guaranteed state payment (the
"full county payment amount"); and
WHEREAS, any county electing to receive a full county payment amount of $350,000 or more 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
WHEREAS, Title I of SRS 2022 requires that counties electing to receive the full county payment amount
must allocate their project funds for expenditure between projects in accordance with Title II 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, 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
PAGE 1 OF 2 — RESOLUTION NO.2022-062 — SRS ALLOCATION ELECTION
WHEREAS, counties that allocate funding to projects under Title II, 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 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.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, as follows:
Section 1. Deschutes County has previously agreed to receive the guaranteed minimum full county payment
amount.
Section 2. Deschutes County hereby allocates 17 percent of its full county payment amount for expenditure on
projects under Title II and Title III. Deschutes County will return none (zero percent) of its full
county payment amount to the Treasury of the United States.
Section 3. Of the percent allocated to Title II and Title III projects above in paragraph 2, Deschutes County
further allocates between such Titles for FFY 2022 on the following basis: 10 percent of the 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.
Section 4. Of the amount of project funds allocated to Title II projects, Deschutes County further allocates
between RACs as follows:
100 percent to the Deschutes / Ochoco RAC.
Section 5. Of Allocations noted shall remain the allocations of Deschutes County for future SRS payment
years authorized by PL 117-58.
Dated this of = , 2022 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
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Recor ing Secretary
PATTI ADAIR, Chair
ANTHONY DeBONE, Vice Chair
PHIL CHANG, Commissioner
PACE 2 OF 2 — RESOLUTION NO.2022-062 — SRS ALLOCATION ELECTION
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MEETING DATE: September 7, 2022
SUBJECT: Secure Rural Schools (SRS) allocation elections between Titles I, II and III
RECOMMENDED MOTION:
Motion for consideration: "I move to approve Resolution 2022-062".
BACKGROUND AND POLICY IMPLICATIONS:
With passage of the Bipartisan Infrastructure Law (PL 117-58), the Secure Rural Schools and
Community Self -Determination Act (SRS) was extended for three additional funding cycles (2021,
2022 and 2023). Within the Law, counties also have the ability to allocate SRS payments between
Title I (roads and schools), Title II (federal projects on federal land) and Title III (for county
projects, Firewise Communities, etc) for FFY 22 and 23. Counties receiving in excess of $350,000
have some minor flexibility to allocate funding within Title 1-III, as follows.
Title I: 80 to 85% of funds
Title II: 13 to 20% of funds
Title III: 0 to 7%
Deschutes County has historically allocated 85% to Title I, 8% to Title II and 7% to Title III in an
effort to maximize funding distributed directly to Deschutes County. Staff recommends the
above allocation with Resolution 2022-062. This allocation (election by Board) will be reported
to the State per federal instruction.
BUDGET IMPACTS:
The SRS allocation per the 85-8-7 split noted above calculates, approximately, as follows:
Title I: $1,056,429 ($792,322 to Road Fund per state statute 75-25 split, remaining to county
school fund)
Title 11: $99,429 (Remains with USFS for projects on federal land)
Title III: $87,000 (Deschutes County Natural Resources Program)
ATTENDANCE:
Chris Doty, Road Department