HomeMy WebLinkAboutres2008-076WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2008 -393
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
LK
1115108
11112108
FYnancelCouncil
Originator:
C[5 n n a D
\ \ill /
NOV 0 7 2008
WHATCONI COUNTY
Division Head:
Dept. Head:
Pr °secutor:
Purchasin /Bud et:
//1 6 J
COUNCIL
Executive:
TITLE OF DOCUMENT: Resolution to Elect Expenditures of National Forest Related Safety Net
Payments under PL 106 -393 and PL 110 -343.
ATTACHMENTS: Resolution
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
S UMMA R Y S TA TEMENT 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 106 -393 and PL
110 -343
COMMITTEE ACTION.
COUNCIL ACTION:
11/12/2008: Forwarded to Council for approval
11/12/2008: Council Approved 7 -0
Res. 2008 -076
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Res. 2008 -076
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: wwmco.whatcom.wa.us /council.
SPONSORED BY: County Executive
PROPOSED BY County Executive
INTRODUCTION DATE: 11/12/08
RESOLUTION NO. 2008 -076
In the Matter of the Election to Receive National Forest Related
Safety -Net Payments Under P.L. 106 -393 and 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 further defined in P.L. 110 -34.3; and
WHEREAS, P.L. 106 -393 and 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 and P.L. 110 -343, 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.
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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 P.L. 110 -343; and
WHEREAS, Title I of P.L. 106 -393 and P.L. 110 -343 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 and P.L. 110 -343, projects
in accordance with Title III of P.L. 106 -393 and P.L. 110 -343, 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 and P.L. 110 -343 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 and P.L. 110 -343 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 and fire prevention 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 2008 (for expenditure after federal fiscal year
2008) on the following basis:
• 100 percent of the Project Funds for expenditure on Title II projects.
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
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Governor communicate the elections made herein to the Secretary of the United
States Department of Agriculture.
ADOPTED this 12th day of November, 2008.
AT�Ts %lq C O
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ana Xhlba ,Clerl of the Council
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AP151qgV pD�A�T�69''�FORM:
Civil Deputy Prosecutor
( pproved ( ) Denied
e e Kremen
County Executive
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
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