HomeMy WebLinkAboutRes 140 - Natl Forest Safety Net PaymentsDeschutes 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 October 29, 2008
Please see directions for completing this document on the next page.
DATE: October 21, 2008
FROM: Tom Blust Road Department 322-7105
TITLE OF AGENDA ITEM:
Consideration of Signature of Resolution No. 2008-140 in the matter of the FFY 2008 elections for
National Forest related safety -net payments.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
A four-year extension of the federal forest safety -net payments has been enacted. Under the provisit ns
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 (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% to Title III).
Title II provides for projects on federal lands or that benefit federal lands. The Title II projects are
selected by local resource advisory committees (RAC's). Title II funds remain with the federal
government.
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 discretion of the Board of County Commissioners.
These funds remain with the County until expended.
The proposed resolution allocates 15% of the County's full payment amount to Title II&III. Of this
amount the resolution allocates 8% to Title II and 7% to Title III.
FISCAL IMPLICATIONS:
Estimated receipt of funds in FY 2008-09:
Road $2,757,680
School $919,227
Title III $302,804
Title II $346,062
Total $4,325,773
(see attached spread sheet for full four-year estimate)
RECOMMENDATION & ACTION REQUESTED:
The Department recommends signature of Resolution 2008-140
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
Shaded areas indicate funds deposited to county. Title II funds remain with fed.
Assumed Title II/III allocation of 15% (bill allows 15% to 20% at discretion of BOCC)
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the FFY 2008 Elections for
National Forest Related Safety -Net Payments
*
*
RESOLUTION NO. 2008-140
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
Page 1 of 3 - Resolution 2008-140 — National Forest Safety -Net Payments
WHEREAS, Title I, Section 1 02(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 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 hereby elects 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 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 2008 (for expenditure after FFY
2008) 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 2008-140 — 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 , 2008.
DENNIS R. LUKE, Chair
TAMMY BANEY, Vice Chair
MICHAEL M. DALY, Commissioner
ATTEST:
Recording Secretary
Page 3 of 3 - Resolution 2008-140 — National Forest Safety -Net Payments