HomeMy WebLinkAboutres2001-047WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -291
CLEARANCES
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Date
Date Receivedin Council Office
Agenda Date
Assignedto:
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SEP 04 2001
WHATCOM COUNTY
COUNCIL
9/Il
Finance)council
Division Head:
Dept Head
Prosecutor
Parekasing/Radget :
Executive:
,Il
SUBJECT: Resolution to Elect to Receive National Forest Related Safety-Net Payments under PL 106 -393
ATTACHMENTS:
SEPA review required? ( ) Yes (
SEPA review completed? ( ) Yes (
) NO
) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT:
Resolution to Elect to Receive National Forest Related Safety-Net
Payments under PL 106-393
Distribution Request
Indicate those who shouldreceive a copy after council action.
List specific names to the right
AS Facilities Management
AS thinned
AS Human Resources
AS Info Services
Assessor
Auditor
Coaperadve F_xtemion
District Court
Executive
Francine Kincaid
Health
Hearing Emminer
Jail
COUNCIL ACTION TAKEN:
201-291 9111/2001: Amended and approved 5 -1, Hoag opposed,
Brenner absent, Res. #2001-047
Related County Contract #:
Juvenile
Parks
planning
Prosecitmr
Public Works
Sher
Superior Court
Treasurer
Other
Related File Numbers:
Ordinance or Resol Lion Number
(this item): KES, 'r /"("01 -0+7
SPONSORED BY: County Executive
PROPOSED BY: County Executive
INTRODUCTION DATE: 9/11/01
RESOLUTION NO. 2001 -047
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 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.
106 -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 Whatcom 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,
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who in turn must communicate the election by Whatcom 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, Whatcom 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, 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
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, Whatcom 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. Whatcom County hereby elects to receive its full payment amount pursuant to
Title I, Section 102(a)(2) of P.L. 106 -393.
2. 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. 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).
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3. Of the amount allocated to Title II and Title III projects above in paragraph 2,
hereinafter referred to as the "Project Funds," Whatcom County further allocates
between such Titles for federal fiscal year 2001 (for expenditure after federal
fiscal year 2001) on the following basis:
100 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
Association of Washington Counties with instructions to reconvey the Resolution
to the Office of Governor of the State of Washington on or before with a request
that the Governor communicate the elections made herein to the Secretary of
the United States Department of Agriculture.
ADOPTED this 11 day of September, 2001.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Clerk of the Council
APPROVED AS TO FORM:
Civil Deputy Prosecutor
( ) Approved ( ) Denied
N/A
Pete Kremen
County Executive
yy&AL�
L. Ward Nelson, Cou cil Chair
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