HomeMy WebLinkAboutRes 043 - Safety Net PaymentsGAJ - ESC°
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Deschutes 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 May 11, 2011
Please see directions for completing this document on the next page.
DATE: May 4, 2011
FROM: Tom Blust Road Department 322-7105
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2011-043 in the matter of the FFY 2011 elections for
National Forest related safety -net payments.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
A four-year extension of the Secure Rural Schools and Community Self Determination Act
("SRS2008") was enacted for Federal Fiscal Year 2008 - 20l 1. Under the provisions of the act,
counties must make an annual election in regard to the percentage of their full payment amount for
expenditure on projects under Title II and Title III (no less than 15% nor more than 20%). Of the total
amount allocated to Title II & III, counties must further make an allocation split between the Title II
and Title III projects (no more than 7% of the full payment amount to Title III).
Title II provides for projects on federal lands or that directly benefit federal lands. The Title II projects
are selected by local resource advisory committees (RAC's). The RAC project selection process is
directed by the Forest Service. Title II funds remain with the federal government (funding allocations
are through the Forest Service).
Title III provides for county projects within three defined categories: 1) fire prevention and planning
under the Firewise Communities program, 2) reimbursement of search, rescue and emergency services
including firefighting on federal lands and, 3) development of community wildfire protection plans.
Title III funds come to the county and are spent at the discretion of the Board of County
Commissioners. Any county Title III funds not obligated by September 30, 2012, must be returned to
the federal government.
The proposed resolution allocates 15% of the County's full payment amount to Title II&III. Of the full
payment amount the resolution allocates 8% to Title II and 7% to Title III.
Note: FY 2011-12 is the fourth and final year of the SRS2008 Act.
FISCAL IMPLICATIONS:
Estimated receipt of funds in FY 2011-12 (Federal FY 2011):
Road S1,311,162
School S437,054
Title III $143,971
Title II S164,538
Total $2,056,724
(see attached spread sheet for full four-year estimate)
RECOMMENDATION & ACTION REQUESTED:
Move Board signature of Resolution 2011-043, in the matter of the FFY 2011 elections for National
Forest related safety -net payments.
ATTENDANCE: Tom Blust, Road Department Director
DISTRIBUTION OF DOCUMENTS:
Original or certified copy to: Kevin Q. Davis, One SW Columbia Street Suite 1600, Portland, OR
97258.
Copy to Road Department / Tom Blust
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Shaded areas indicate funds deposited to county. Title II funds remain with fed.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the FFY 2011 Elections for
National Forest Related Safety -Net Payments
*
*
RESOLUTION NO. 2011-043
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 - 201 1 ("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
Page 1 of 3 - Resolution 2011-043 — National Forest Safety -Net Payments
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 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
WHEREAS, counties that allocate funding to projects under Title II, and are participants
in more than one RAC, may further direct that their Title lI 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 S350,000 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)(l)(B) and 103.
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. Of the percent allocated to Title II and Title III projects above in paragraph 2, Deschutes
County further allocates between such Titles for FFY 2011 (for expenditure after FFY
2011) 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 2011-043 — National Forest Safety -Net Payments
4. 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.
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 this day of , 2011.
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
ATTEST:
Recording Secretary
Page 3 of 3 - Resolution 2011-043 — National Forest Safety -Net Payments
AOC
ASSOCIATION OF OREGON COUNTIES
1201 COURT STREET, N.E.
SALEM, OREGON 97309
o&c
ASSOCIATION OF O&C COUNTIES
P.O. Box 2327
HARBOR, OREGON 9741 5
TO: Counties Eligible to Receive National Forest Related Payments Under Secure Rural
Schools and Community Self -Determination Act (as extended for FFY 2008-2011)
FROM: Rocky McVay and Kevin Davis
DATE: April 27, 2011
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 2011
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, the enclosed resolution
reflects an election 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. Please see the enclosed Title 1I1 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.
An estimate of the full county payment amount for FFY 2011 for your county is shown
on the enclosed list of 2011 estimated payments.
The resolution must be adopted and the original or a certified copy returned to Kevin
Davis not later than June 20, 2011. 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 by e-mail at
kgdjd@aol.com. The enclosed resolution is available electronically by calling Kevin's assistant,
Linda Aanderud at 503-517-2404 or by sending Linda an e-mail at ljaanderud ckomcast.net
requesting the resolution.
TITLE III - COUNTY FUNDS
SEC. 301. DEFINITIONS.
(1) COUNTY FUNDS. The term "county funds" means all funds an eligible county elects under
section 102(d) to reserve for expenditure in accordance with this title.
(2) PARTICIPATING COUNTY. The term "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) performed 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 ycar 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 terminates on September 30,
(b) AVAILABILITY. Any county fiends not obligated by September 30, 2012, shall be returned to
the Treasury of the United States.
2011
ESTIMATED SRS PAYMENTS FOR FFY2011
(FOREST SERVICE LANDS ONLY)
Baker $1,425,055
Benton $133,833
Clackamas $1,506,014
Coos $371,092
Crook $2,311,742
Curry $2,239,213
Deschutes $2,056,724
Douglas $9,071,939
Grant $5,696,544
Harney $2,596,808
Hood River $1,103,248
Jackson $2,231,481
Jefferson $627,563
Josephine $1,695,789
Klamath $8,995,909
Lake $3,268,871
Lane $11,709,028
Lincoln $1,792,267
Linn $5,107,520
Malheur $13,173
Marion $1,580,511
Morrow $306,196
Multnomah $261,677
Polk $5,467
Tillamook $1,003,727
Umatilla N/A
Union $1,026,804
Wallowa $1,552,253
Wasco $1,123,809
Wheeler $896,142
Yamhill $276,149