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Home My WebLink Aboutres2010-033 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010- 306 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 8/20/10 Sept. 14, 2010 Fina,zce/Council Originator. Division Head: Dept. Head: _ SEP 0 7 2010 - • Prosecutor: . A: '1w Jb WHATCOM COUNTY l COUNCIL Purchasing/Budget: i. ► g47 - I • Executive: 7 -7- 'D TITLE OF DOCU ENT: Resolution to Elect Expenditures of National Forest Related Safety-Net Payments under PL 110-343 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.) Resolution to elect Expenditures of national Forest Related Safety-Net Payments under PL 110-343 (the Act). COMMITTEE ACTION: COUNCIL ACTION: 9 / 14 / 2010 : Forwarded to Council for approval 9 / 14 / 2010 : Council Approved 7 -0 Res . 2010- 033 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2010-033 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 : 09/ 14/ 10 RESOLUTION NO . 2010-033 In the Matter of the Election to Receive National Forest Related Safety- Net Payments Under P . L . 110-343 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 WHEREAS , P . L . 110-343 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 , 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 . Page 1 WHEREAS , an election to receive the full payment amount is effective for all federal fiscal years through fiscal year 2011 ; 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 yearly 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 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 ; NOW, THEREFORE , be it resolved as follows : 1 . Whatcom 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 and P . L . 110 . 343 . Whatcom County will return none of its payment amounts to the General Treasury of the United States pursuant to Title I , Section 102 (d ) ( 1 ) ( B) ( iii) . 2 . 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 2010 (for expenditure after federal fiscal year 2010) on the following basis : • 100 percent of the Project Funds for expenditure on Title II projects . Page 2 3 . 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 . ``�afl Pt 0} is'' 4th day of September , 2010 .I to; Q.• * HATC ��i �% WHATCOM COUNTY COUNCIL ATk, COUNTY % WHATCOM COUNTY , WASHINGTON • ? • 4 / Cum tar ‘111.IIWP Dana' • vnbaMs, C1% of the Council ' am Crawford , Cou it Chair APPROVED AS TO FORM : C Pr\ t\A ()PK° Civil Deputy Proi% utor Page 3