HomeMy WebLinkAboutRes 116 - Safety Net PaymentsREVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the FFY 2013 Elections for *
National Forest Related Safety-Net Payments RESOLUTION NO. 2013-116
*
WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires
that 25 percent ofthe 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 oftimber, 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 2013 ("SRS 2013"); and
WHEREAS, SRS 2013 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 2013 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$100,000 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 2013 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. Of the percent allocated to Title II and Title III projects above in paragraph 2,
Deschutes County further allocates between such Titles for FFY 2013 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 I 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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I
Dated this of _____, 20_
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANHONY DEBONE, Commissioner
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