RESOLUTION 2001 - 58
(In the Matter of the Election to Receive National Forest Related Safety-Net Payments Under P.L. 106-393)
WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires that 25 percent of the revenues derived from the 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 for Skamania County, other public purposes; and
WHEREAS, the sharing of revenues from the National Forest lands is, in part, a recognition that these lands are not subject to local taxation, and also that counties provide services that directly benefit the lands and the people who use the lands; and
WHEREAS, the principle source of revenues from National Forest lands is from the sale and removal of timber, which has been sharply curtailed in recent years; and
WHEREAS, the United States Congress recognized a need for public purpose funding through predictable payments to the affected counties, job creation in those counties, and other opportunities associated with restoration, maintenance and stewardship of federal lands or that benefit resources on federal lands, or in county projects or activities; and
WHEREAS, P.L. 106-393 provides for guaranteed minimum payments for the benefit of affected counties, as well as an opportunity to invest a portion of the guaranteed minimum payments in projects on federal lands or that benefit resources on federal lands, or in county projects or activities; and
WHEREAS, Title 1, Section 102 of P.L. 106-393 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, or instead to receive the guaranteed minimum amount, also known as the “full payment amount;” and
WHEREAS, the election to receive either the full payment amount, or instead, the traditional share of revenues, must be communicated to the Governor of Washington, who in turn must communicate the election by each county to the Secretary of the United States Department of Agriculture; and
WHEREAS, an election to receive the full payment amount is effective for all federal fiscal years through fiscal year 2006; and
WHEREAS, Skamania County is an eligible, affected county with the right to make an election pursuant to Title 1, Section 102 of P.L. 106-393; and
WHEREAS, Skamania County intends to spend its payment for roads, schools, and other public purposes; and
WHEREAS, any county electing to receive the full payment amount must further elect to expend an amount not less than 15 percent nor more than 20 percent of its full payment amount as project funds in accordance with Title 1, Section 102(d)(1)(B) of P.L. 106-393; and
WHEREAS, Title 1, Section 102(d)(1)(B) of P.L. 106-393 requires that counties electing to receive the full payment amount must allocate its project funds for expenditure between projects in accordance with Title II of P.L 106-393, projects in accordance with Title III of P.L. 106-393, and return unspent under Titles II and III and return the balance underspent or unobligated in Title II to the General Treasury of the United States at the end of Federal Fiscal year 2006, and communicate such allocation to the Secretary of the United States Department of Agriculture; and
WHEREAS, any Title III funds not spent or obligated by the County by September 30, 2007 shall remain available to the County for projects that meet Title III criteria.
WHEREAS, Title II of P.L. 106-393 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 of monies allocated to each RAC; and
WHEREAS, Title III of P.L. 106-393 authorizes participating counties to expend project funds by the county with Title III for search, rescue and emergency services, staffing of community service work camps, the purchase of easements, forest related educational opportunities, fire prevention and county planning, and community forestry pursuant to the Cooperative Forest Assistance act of 1978; and
WHEREAS, Skamania County will receive greater benefits to elect by electing to receive its full payment amount rather than electing to receive its traditional share of National Forest revenues:
NOW, THEREFORE, be it resolved as follows:
1. Skamania County hereby elects to receive as federal forest funds, its full payment amount pursuant to Title 1, Section 102(a)(2) of P.L. 106-393.
2. Skamania County hereby allocates 15 percent of its full payment amount for expenditure on projects under Title II and Title III of P.L. 106-393. The County will return zero percent of its full payment amount to the General Treasury of the United States pursuant to Title I, Section 102(d)(1)(B)(iii).
3. Of the amount allocated to Title II and Title III projects above in paragraph 2, hereinafter referred to as the “Project Funds,” Skamania County further allocates between such Titles for federal fiscal year 2001 (for expenditure after federal fiscal year 2001) on the following basis: 55 percent of Project Funds for expenditure on Title II projects and 45 percent of the Project Funds for expenditure on Title III projects.
4. A copy of this Resolution shall be transmitted as rapidly as possible to the Washington State Association of Counties, to the Office of Governor of the State of Washington, and to the Gifford Pinchot National Forest Supervisor with a request that the Governor communicate the elections made herein to the Secretary of the United States Department of Agriculture.
PASSED IN REGULAR SESSION this ____day of ______________, 2001.
BOARD OF COUNTY COMMISSIONERS
SKAMANIA COUNTY, WASHINGTON
ATTEST: _______________________________________
Chairman
_______________________________________
Commissioner
________________________________________
Commissioner
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Clerk of the Board
Approved as to form only:
___________________________
Prosecuting Attorney