HomeMy WebLinkAbout95-03 - Res. Affirming Election to Receive National Forest Related Safety-Net Payments Resolution No . cl 5` o3
Affirming Election to Receive National Forest Related Safety-Net Payments under P .L. 106-393
As Approved by Resolution 8441
WHEREAS, Congress enacted in t908 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 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 principal source of revenues from National Forest lands is from the sale and removal of
timber, and which has been sharply curtailed in recent years ; and
WHEREAS, the volume of timber sold annually from most National Forest lands has declined
precipitously, with a corresponding precipitous 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, job creation in those counties, and other opportunities
associated with restoration, maintenance and stewardship of federal lands , and to achieve those goals enacted P .L .
t06-393 in 2000 ; 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, Mason County is an eligible, affected county with the right to make an election pursuant to
Title I, Section 102 of P . L. 106-393 ; 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 I, 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 a return of the balance unspent under Titles II
and III to the General Treasury of the United States, and communicate such allocation to the Secretary of the United
States Department of Agriculture ; and
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 out of monies allocated for such purposes by participating counties ; and
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Resolution No . 9S� o3
WHEREAS, counties that allocate funding to projects under Title II of P . L . 106-393 , and are potential
participants in more than one RAC, may further direct that their Title H project funds be divided between different
RACs according to an allocation decided by each participating county, with such funds held in the General 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 of P . L . 106-393 provides for county projects or services, some of which are
associated with the federal lands, with Title III authorizing expenditures 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, Mason County is projected to benefit 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 . Mason County hereby elects to receive its full payment amount pursuant to Title I, Section 102 (a) (2)
of P .L . 106-393 .
2 . Mason County hereby allocates 20 percent of its full payment amount for expenditure on projects
under Title II and Title III of P .L . 106-393 . Mason County will return none (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 , " Mason County further allocates between such Titles on the following basis : 50
percent of Project Funds for expenditure on Title II projects and 50 percent of Project Funds for
expenditure on Title III projects .
4 . Of the amount of Project Funds allocated to Title II projects , Mason County further allocates between
RACs as follows : 100 percent to the Olympic Peninsula RAC .
5 . A copy of this Resolution shall be transmitted to the Washington State Association of Counties, Mr.
Paul Parker, with instructions to reconvey the Resolution to the Office of Governor of the State of
Washington with a request that the Governor communicate the elections made herein to the Secretary
of the United States Department of Agriculture .
ADOPTED this C day of September 2003 .
Herb Baze, Chairperson
Jayni L . Kamin, Commissioner
Wesley E . Jo " son, Cc nissioner
Vjbecca
°
Rogers, Clerk the Bos �ii F /q :
J /G
Michael Clift, Chie Deputy Prosecuting Attorney
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