HomeMy WebLinkAboutres2013-031 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-320
CLEARANCES Initial L Date Date Received in Council Office Agenda Date Assigned to:
SM 9/25/13 October 8,2013 Finance/Council
Originator:
Division Head: RECEIVED
Dept. Head: OCT O 1 2013
Prosecutor: )12_ 0ed2-03 WHATCOM COUNTY
Purchasing/Budget:
COUNCIL
Executive:
TITLE OF DOCUlI esolution to Elect Expenditures of National Forest Related Safety Net Payments under PL 112-141
ATTACHMENTS:Resolution
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
I Resolution to elect Expenditures of national Forest Related Safety-Net Payments under PL 112-141 (the Act).
COMMITTEE ACTION: COUNCIL ACTION:
10/8/2013: Forwarded to Council for approval 10/8/2013: Council Approved 7-0
Res. 2013-031
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
Res. 2013-031
Please Note: Once adopted and signed,ordinances and resolutions are available for viewing and printing on the County's website
at: www.co.whatcom.wa.us/council.
SPONSORED BY: County Executive
PROPOSED BY: County Executive
INTRODUCTION DATE: 10/08/13
RESOLUTION NO. 2013-031
In the Matter of the Election to Receive National Forest Related
Safety-Net Payments Under P.L. 112-141
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 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, 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.
106-393 in 2000 and amended and reauthorized by P.L. 110-343 (and further amended
and reauthorized by P.L. 112-141); 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
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WHEREAS, per Title 1, Section 102 of P.L. 106-393, Whatcom County in Resolution
2001-47 elected to receive the full payment amount from the National Forest lands
pursuant to the Act of May 23, 1908 and Section 13 of the Act of March 1, 1911.
WHEREAS, P.L. 112-141 requires each county in which a national forest is located to
elect to receive a share of the State payment or a share of the State's 25-percent
payment; and
WHEREAS, any county electing to receive a share of the State payment 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 P.L. 112-141; and
WHEREAS, P.L. 112-141 requires that counties electing to receive a share of the State
payment must yearly allocate its project funds for expenditure between projects in
accordance with Title II of P.L. 106-393, projects in accordance with Title Ill of P.L. 106-
393, and a return of the balance unspent under Titles II and Ill 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
WHEREAS, Title Ill of P.L. 106-393 provides for county projects or services, some of
which are associated with the federal lands, with Title Ill 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;
NOW, THEREFORE, be it resolved as follows:
1. Whatcom County hereby elects to receive a share of the State payment under
P.L. 112-141.
2. Whatcom County hereby allocates 20 percent of its State payment amount for
expenditure on projects under Title II and Title Ill of P.L. 106-393, P.L. 110.343
and P.L. 112-141. Whatcom County will return none of its payment amounts to
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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, hereinafter referred
to as the "Project Funds," Whatcom County further allocates between such Titles
for federal fiscal year 2013 (for expenditure after federal fiscal year 2013) on the
following basis:
• 100 percent of the Project Funds for expenditure on Title II projects.
4. A copy of this Resolution shall be transmitted as rapidly as possible to the
Association of Washington Counties with instructions to re-convey 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.
A,DOPTED this 8th day of October, 2013.
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•.• • WHATCOM COUNTY COUNCIL
AiRATgF auF r•%-_ WHATCOM COUNTY, WASHINGTON•
-f00015M. "taw ZIP; 507/paa z
Darla Broinvn-DaMi.§, CITX of the Council Kathy Ke hner, .ouncil Chair
APPROVED AS TO FORM:
Civil Deputy Prosecutor
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