HomeMy WebLinkAboutRes 103 - Safety Net Pymnts ElectionsDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 20, 2012
DATE: August 8, 2012
FROM: Chris Doty Road Dept 541.322.7105
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution 2012-103, establishing the required elections of
National Forest Related Safety Net Payments per the Secure Rural Schools act reauthorization for
Federal Fiscal Year 2012.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Secure Rural Schools and Community Self Determination Act was recently reauthorized for one
year through enactment of the federal transportation bill. Under the provisions of the Act, counties
must make an election in regard to the percentage of their full payment amount for expenditure on
projects under Title II and Title III (15% minimum, 20% maximum). Of the amount allocated to Title
II and Title III, counties must further allocate the split between Title II and Title III (no more than 7%
of the full payment to Title III).
Title II provides for projects on federal lands or projects that benefit resources on federal lands as
recommended by the local resource advisory committee (DeschutesiOchoco RAC).
Title III provides for county projects within three defined catagories:
a. Fire prevention and planning under the Firewise Communities Program
b. Riembursement of search, rescue, and emergency services including firefighting on federal lands
c. Development of community wildfire protection plans
Title III funds are received directly by the County and are appropriated at the discretion of the Board of
County Commissioners.
Resolution 2012-103 allocates 15% of the County's full payment to Title II and III, with 8% allocated to
Title II and 7% to Title III.
FISCAL IMPLICATIONS:
Estimated receipt of funds for FY 12113 (Federal FY 12), as follows:
Road: $1,200,272
School: $ 400,091
Title II: $150,622
Title III: $131,795
Total: $1,882,780
RECOMMENDATION & ACTION REQUESTED:
Board approval of Resolution 2012-103 in the matter of the federal fiscal year 2012 elections for
National Forest related safety-net payments.
ATTENDANCE: Chris Doty, Road Department Director
DISTRIBUTION OF DOCUMENTS:
An original or certified copy will need to be mailed to Kevin Davis not later than August 24, 2012.
Address: One SW Columbia Street, Suite 1600, Portland, OR 97258 (ph:503.517.2405 or
kqdjd@aol.com)
Copy to Chris Doty, Road Department
Attachments:
DC Forest Revenue Estimate and Historical Allocation Summary
AOC Memo of July 31,2012 and Title III definitions
Forest Service Projection (all counties)
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the FFY 2012 Elections for *
National Forest Related Safety-Net Payments RESOLUTION NO. 2012-103 *
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 ofrevenues 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 2012 ("SRS 2012"); and
WHEREAS, SRS 2012 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 ofSRS 2012 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 $1 00,000 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 ofSRS 2012 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
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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
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.
NOW, THEREFORE, be it resolved as follows:
1. Deschutes County has previously agreed to receive the guaranteed minimum full
county payment amount.
2. Deschutes County hereby allocates 15 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.
3. Ofthe percent allocated to Title II and Title III projects above in paragraph 2,
Deschutes County further allocates between such Titles for FFY 2012 on the
following basis: 8 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.
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.
5. The original or a certified copy of this Resolution shall be transmitted to Kevin Q. Davis,
Attorney, sent to the following address: One SW Columbia Street, Suite 1600, Portland,
OR 97258.
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Page 2 oD -RESOLUTION NO. 2012-103 -National Forest Safety Net Payments
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DATED this ____day of ______--', 2012.
THE BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
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ASSOCIATION OF OREGON COUNTIES ASSOCIATION OF 08cC COUNTIES
1201 COURT STREET. N.E. P.O. Box 2327
SALEM. OREGON 97309 HARBOR. OREGON 97415
TO: Counties Eligible to Receive National Forest Related Payments Under Secure Rural
Schools and Community Self-Detennination Act (as extended for FFY 2012)
FROM: Rocky McVay and Kevin Davis
DATE: July 31,2012
RE: Resolution for Making County Elections
Enclosed is a resolution for your County to make its Title I elections with respect to
National Forest related safety-net payments. If your County is also an O&C County, in a
separate mailing you will receive a separate resolution for making elections with respect to O&C
related safety-net payments. You must make the following elections for payments you will
receive for FFY 2012
1. If your full county payment amount is $100,000 or greater, you must choose the
percentage of your full county payment amount you will allocate for projects
under Titles II and III. You must allocate not less than 15 percent and not more
than 20 percent of the full county payment amount for Title II and III projects. If
your full county payment amount is less than $100,000, you may choose to opt
out of participation in projects.
2. As between Titles II and III, you must indicate how you intend to split the 15 to
20 percent you set aside for projects. Most counties are limited in the amount
they can allocate to Title III. If your full county payment amount is $350,000 or
more, then no more than 7 percent of your full county payment amount can be
applied to Title III. If your payment amount is less than $350,000, you may
allocate your project funds between Titles II and III in any proportion you wish.
Please see the enclosed Title III sections as a reminder of the limitations on the
scope of Title III.
3. For the funds you allocate to Title II, if your County is a partner in more than one
Forest Service RAC, you will need to further divide your Title II funds between
the Forest Service RACs in which you are a participant. I
An estimate of the full county payment amount for FFY 2012 for your county is enclosed.
The resolution should be adopted and the original or a certified copy returned to Kevin I
Davis not later than August 24, 2012. Kevin's address is: One SW Columbia Street, Suite
1600, Portland, OR 97258. If you have any questions, please call Rocky at 541-412-1624 or e
mail rocky@blupac.com. You may also contact Kevin at 503-517-2405 or bye-mail at
kqdjd@aol.com. The enclosed resolution is available electronically by contacting Kevin's
assistant, Linda Aanderud at 503-517-2404, or e-mail atljaanderud@comcast.net.
TITLE III -COUNTY FUNDS
SEC. 301. DEFINITIONS.
(1) COUNTY FUNDS. The tenn "county funds" means all funds an eligible county elects under
section 1 02( d) to reserve for expenditure in accordance with this title.
(2) PARTICIPATING COUNTY. The tenn "participating county" means an eligible county that
elects under section 102(d) to expend a portion of the Federal Funds received under section 102 in
accordance with this title.
SEC. 302. USE.
(a) AUTHORIZED USES. A participating county, including any applicable agencies of the
participating county, shall use county funds, in accordance with this title, only -
(1) to carry out activities under the Firewise Communities program to provide to
homeowners in fire-sensitive ecosystems education on, and assistance with implementing, techniques
in home siting, home construction, and home landscaping that can increase the protection of people
and property from wildfires;
(2) to reimburse the participating county for search and rescue and other emergency
services, including firefighting, that are -
(A) perfonned on Federal land after the date on which the use was approved under
subsection (b);
(B) paid for by the participating county; and
(3) to develop community wildfire protection plans in coordination with the appropriate
Secretary concerned.
(b) PROPOSALS. A participating county shall use county funds for a use described in subsection
(a) only after a 45-day public comment period, at the beginning of which the participating county shall-
(1) publish in any publications of local record a proposal that describes the proposed use of
the county funds; and
(2) submit the proposal to any resource advisory committee established under section 205
for the participating county.
SEC. 303. CERTIFICATION.
(a) IN GENERAL. Not later than February 1 of the year after the year in which any county funds
were expended by a participating county, the appropriate official of the participating county shall
submit to the Secretary concerned a certification that the county funds expended in the applicable year
have been used for the uses authorized under section 302(a), including a description of the amounts
expended and the uses for which the amounts were expended.
(b) REVIEW. The Secretary concerned shall review the certifications submitted under
subsection (a) as the Secretary concerned determines to be appropriate.
SEC. 304. TERMINATION OF AUTHORITY.
(a) IN GENERAL. The authority to initiate projects under this title tenninates on September 30,
2012.
(b) AVAILABILITY. Any county funds not obligated by September 30, 2013, shall be returned to
the Treasury of the United States.
FFY 2012 SRS PAYMENTS
(Forest Service Projection of Counties' Shares of State Payment)
County Total FSSRS '12
Baker $1,147,014
Benton $131,766
Clackamas $1,435,504
Coos $349,839
Crook $1,829,947
Curry $2,428,577
Deschutes $1,882,780
Douglas $9,642,481
Grant $5,593,241
Harney $2,330,304
Hood River $1,016,260
Jackson $2,184,789
Jefferson $593,260
Josephine $1,589,434
Klamath $8,453,649
Lake $3,259,198
Lane $11,432,632
Lincoln $1,705,298
Linn $4,940,347
Malheur N/A
Marion $1,427,299
Morrow $210,507
Multnomah $267,474
Polk $4,855
Tillamook $939,979
Umatilla N/A
Union $963,562
Wallowa $1,352,302
Wasco $1,086,161
Wheeler $788,116
Yamhill $264,819
Deschutes County
Forest Revenue Estimate
FY08/09
Actuals
FY09/10 FY 10/11 FY 11/12
Proposed
FY 12/13
Total Title 1/11/111 $ 4,325,773 S 3,893,195 S 3,508,862 S 2,056,724 $ 1,882,780
Title I (85% of total)
Road (75%)
School (25%)
$ 3,676,907
$ 2,757,680
$ 919,227
$ 3,309,216
$ 2,481,912
$ 827,304
$ 2,982,533
$ 2,236,900
$ 745,633
$ 1,748,215
$ 1,311,162
$ 437,054
$
$
$
1,600,363
1,200,272
400,091
Title II/III (15% of total) $ 648,866 $ 583,979 $ 526,329 $ 308,509 $ 282,417
Title II (8% a/total)
Title III (7% 0/total)
$ 346,062
$ 302,804
$ 311,456
$ 272,524
$ 280,709
$ 245,620
$ 164,538
$ 143,971
$
$
150,622
131,795
Notes:
1. Estimate per AOC, July 31, 2012 Memo
2. Assumes Title 11/111 allocation 0/15% (bill allows between 15% and 20%)
3. Assumes split 0/8% to Title II and 7% to Title 11/ (bill allows no more than 7% to Title 11/)