HomeMy WebLinkAboutLetter from USDA 01-13-10 United States Forest Plumas 159 Lawrence Street
USDA Department of Service National P.0.Box 11500
Agriculture Forest Quincy,CA 95971-6025
(530)283-2050 Voice
(530)534-7984 Text(TDD)
File Code: 1350-2
Date: January 13, 2010
Bill Connelly
Chair
Butte County Board of Supervisors
25 County Center Drive
OrovilleCA, 95965
Dear Chair Connelly:
Thank you for your letter regarding the formation of a Butte County Resource Advisory
Committee(RAC) as sanctioned by the Secure Rural Schools Community Self-Determination
Act of 2000, amended and reauthorized in P.L. 110-343.
I want to assure you fulfilling the intent of the Secure Rural Schools (SRS) legislation is a very
high priority for me. I also want to assure you the Title II (RAC) monies carry over year to year
until September 30, 2012. At that time money must be spent or obligated in a contract,
agreement or grant. I understand about$205,000 in Title H is available currently for potential
projects, with another$95,000 becoming available in the next 2 years.
We were notified in late October the charter for the resource advisory committees in Forest
Service Pacific Southwest Region 5, was approved by the Secretary of Agriculture. That action
allows us to formally outreach for committee membership. Prior to that date we had received ten
responses in response to our informal outreach. Subsequently, we have another three expressions
of interest.
We have begun our formal outreach process;I have enclosed an interest form and background
information for your review and distribution to interested parties. Please know because member
appointments have only recently started working through the appointment process in
Washington, we are not far off our schedule and I anticipate the RAC to be operational by late
spring or early summer at the latest.
Please contact our RAC Coordinator, Lee Anne Schramel Taylor of my staff at (530) 283-7850,
with any questions or concerns about this process.
I look forward to working with you.
Sincerely,
l
Alice B. Carlton
Forest Supervisor
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Secure Rural School Program of 2008-2011
Overview
On October 3, 2008,the Secure Rural Schools and Community Self-Determination Act of 2000(Act)was
amended and reauthorized in P.L. 110-343. This law ensures that for the next four years (2008—2011),
counties across the country can continue to count on stable,transition payments that provide funding for
schools and roads, make additional investments in projects that enhance forest ecosystems and improve
cooperative relationships. With notable exceptions,the Act, as amended, is similar to the original
program. The structure and significant elements of Title I have been amended,but Titles iI and III remain
intact with few changes.
Payment Options
The Secure Rural Schools Act gives counties the option of two payment methods. The payment options
are: (1) a newly modified 25 percent seven-year rolling average payment based on receipts from national
forest lands, or(2)a share of the State payment as calculated using the new formula in the Act. The new
formula uses multiple factors, including acres of federal land within an eligible county, average three
highest 25-percent payments, and an income adjustment based on the per capita personal income for each
county. California is considered a"covered" state and will receive transition payments for 2008-2010
instead of the new formula payment.The transition payment for fiscal year 2008 will be equal to 90-
percent of the 2006 payment with approximately a 10 percent decrease through 2010. In 2011,the
payment will be calculated using the new formula.
Counties electing to receive a share of the State payment are bound to this decision through 2011.Those
choosing the 25 percent seven-year rolling average payment are bound to it for two years.
Counties electing to receive a share of the State payment(the transition payment in California)and
receiving over$100,000 must allocate between 80 to 85 percent of the total funds to Title I(for roads and
schools). The remaining 15 to 20 percent must be set aside for projects under Title 11 and/or Title III or
returned to the U.S. Treasury. Under the Secure Rural Schools Act,counties receiving more than
$350,000 total payment may not allocate more than seven percent to Title III projects,with the balance
allocated to Title 11 or returned to the U.S.Treasury.
Each county must notify the Forest Service of their payment and allocation decisions by November 14,
2008 and by September 30 in subsequent years. Due to the compressed timeframe for counties to make
their payment and allocation decisions for the FY 2008 payments,the Secretary provided additional time
—from December 8-12 -for counties to confirm or correct their decisions.
Title II — Special Projects on Federal Land
Counties electing to set aside funds for Title 11 projects should work with the Forest Service to establish
Resource Advisory Committees(RACs)that will recommend how Title II funds should be spent. Title 1I
funds may be used for the purpose of making additional investments and creating additional employment
opportunities through, projects that improve the maintenance of existing infrastructure, implementing
stewardship objectives that enhance forest ecosystems, and restoring and improving land health and water
Secure Rural Schools Program www.fs.fed.us/srs
12/12/2008
quality. Projects shall have broad-based support with objectives that may include, but are not limited to:
road,trail, and infrastructure maintenance or obliteration; soil productivity improvement; improvements
in forest ecosystem health; watershed restoration and maintenance; restoration, maintenance and
improvement of wildlife and fish habitat; control of noxious and exotic weeds; and reestablishment of
native species.At least 50 percent of all Title II funds must be used for projects that are primarily
dedicated to road maintenance, decommissioning,or obliteration; or restoration of streams and
watersheds. The authority to initiate Title II projects terminates on September 30, 2011. Funds that are not
obligated by September 30, 2012, will be transferred to the U.S. Treasury.
Resource Advisory Committees
The Act provides for the use of RRCs as a mechanism for local community collaboration with federal
land managers in recommending Title II projects on federal lands or projects that will benefit resources on
federal lands. The geographic boundaries of the RRCs in California are generally aligned with county
boundaries,and each RAC is assigned a Designated Federal Official to serve as the Forest Service point
of contact.
RACs established by the original Act and in existence before September 29,2006,have been renewed by
the Secretary of Agriculture for a new four-year term.
The RAC's duties include reviewing proposed forest management projects in accordance with the Act and
making recommendations to the Forest Service and providing opportunities for interested parties to
participate in the project development process. RAC duties have been expanded to include monitoring of
project progress and making recommendations for appropriate changes to projects being monitored.
It is the Forest Service's responsibility to ensure that RACs are balanced and diverse with equal
representation from industry, environmental groups, elected officials and local people as outlined in the
Act. RAC composition should consist of
Cateclory A Category B Cateciory C
■ Organized labor or non-timber forest ■ Nationally recognized environmental ■ State elected official or
product harvester groups organizations their designee
■ Developed outdoor recreation,off ■ Regionally or locally recognized ■ County or local elected
highway vehicle users,or environmental organizations official
commercial recreation activities;
■ Energy and mineral development ■ Dispersed recreational activities ■ American Indian tribes
interests; or commercial or within or adjacent to
recreational fishing interests committee area
■ Commercial timber industry ■ Archaeological and historical ■ School officials or
interests teachers
■ Federal grazing or other land use ■ Nationally or regionally recognized v Represent the affected
permitee or represent nonindustrial wild horse and burro interest groups, public at large.
private forest land owners,within the wildlife or hunting organizations,or
area for which the RAC is organized watershed associations
Title III — County Funds
Title III projects are developed and selected by the counties. They should be advertised for 45 days to
allow public comment. Proposed projects should also be sent to the RAC if one exists in the county. Title
III funds may be used to carry out the Firewise Communities Program, develop community wildfire
protection plans, and reimburse for emergency services paid for by counties and performed on Federal
Secure Rural Schools Program www.fs.fed.uslsrs 2
1 211 212 0 0 8
land(e.g. search and rescue, firefighting). There is a new requirement that counties allocating funds for
Title III projects must submit a certification that the funds were used in accordance with Title III.
The authority to initiate Title III projects terminates on September 30,2011. Funds not obligated by
September 30,2012,will be returned to the U.S.Treasury.
Secure Rural Schools Program www.€s.€ed.uslsrs 3
12/12/2008
Secure Rural School Program of 2008-2011
Resource Advisory Committees Overview
The Secure Rural Schools Act authorizes the use of Resource Advisory Committee(RACs)as a mechanism for
local community collaboration with federal land managers in recommending Title II projects on federal lands or
projects that will benefit resources on federal lands.RACs established by the original SRS Act and in existence
before September 29,2006,have been renewed by the Secretary of Agriculture and members have reappointed to
a new four-year term.
Officers and Membership
■ Each RAC shall consist of 15 members appointed by the Secretary of Agriculture. Committee members shall be
representative of the interests of the following three categories:
Category A Category B Category C
■ Organized labor or non-timber forest ■ Nationally recognized environmental ■ State elected official or
product harvester groups organizations their designee
■ Developed outdoor recreation,off ■ Regionally or locally recognized ■ County or local elected
highway vehicle users,or environmental organizations official
commercial recreation activities;
■ Energy and mineral development a Dispersed recreational activities ■ American Indian tribes
interests;or commercial or within or adjacent to
recreational fishing interests committee area
■ Commercial timber industry ■ Archaeological and historical • School officials or
interests teachers
■ Federal grazing or other land use ■ Nationally or regionally recognized ■ Represent the affected
permitee or represent nonindustrial wild horse and burro interest groups, public at large.
private forest land owners,within the wildlife or hunting organizations,or
area for which the RAC is organized watershed associations
■ RAC members shall serve a four-year term.
■ The Chairperson of each RAC shall be elected by the RAC from among its members for a term of I year.
■ The Secretary of Agriculture shall appoint a Designated Federal Officer(DFO)for each RAC.
■ Equal opportunity practices, in line with USDA policies, shall be followed in all membership appointments to
the committee. To ensure that the recommendations of the committee have taken into account the needs of the
diverse groups served by the Department, membership shall include,to the extent practicable, individuals with
demonstrated ability to represent minorities, women, and persons with disabilities.
■ If a RAC member fails to attend(in person or by telephonic or electronic means)two consecutive official
meetings,the Secretary may remove that member from the RAC.
■ The Secretary shall appoint one replacement for each membership category. Should a vacancy occur,the
replacement shall be available to fill the vacancy immediately. Replacement members may not vote until
moved up to fill vacancy and serve as a RAC member.
Secure Rural Schools Program—RAC Overview www.fs.fed.us/srs
12/1212008
• A vacancy on a RAC shall be filled in the manner of the original appointment. Any member appointed to fill a
vacancy occurring before the expiration of the term for which his/her predecessor was appointed shall be
appointed for the remainder of such term. A replacement shall fill the vacancy as soon as practicable after the
vacancy occurs.
■ RAC Members shall reside within the State or States in which the RAC has jurisdiction. To the extent
practicable, each of the three categories shall be composed of local representatives.
Duties
■ Each RAC shall review projects proposed under Title Il of the Act by participating counties and other persons.
■ Each RAC shall provide early and continuous coordination with appropriate Forest Service officials in
recommending projects consistent with Title II of the Act.
■ Each RAC shall provide frequent opportunities for citizens, organizations,tribes, land management agencies,
and other interested parties to participate openly and meaningfully, beginning at the early stages of the project
development process under Title 11 of the Act.
■ Consistent with applicable laws and Department regulations, each RAC may adopt such by-laws or rules of
operation, as it deems advisable.
■ Each RAC shall monitor projects that have been approved under the Act and advise the designated Federal
official on the progress of the monitoring efforts and
■ Each RAC shall make recommendations to the Secretary of Agriculture for any appropriate changes or
adjustments to the projects being monitored by the RAC.
■ The authority to initiate Title 11 projects terminates on September 30,2011. Funds not obligated by September
30,2012,will be returned to the U.S. Treasury.
Meetings
■ The RRCs will meet as often as is necessary to complete their business.
■ RAC meetings shall be opened to the public and announced in the local newspaper of record one week in
advance and in the Federal Register.
■ A majority of the members of a RAC must be present to constitute an official meeting of the committee.
■ The approval of majority of the members of each of the three membership categories of the RAC shall be
required to approve a project for recommendation to the Secretary.
■ Records of RAC meetings shall be maintained and made available to the public.
Support
■ The RACs report to the Secretary of Agriculture through the appropriate Forest Supervisor.
■ The Forest Service shall provide support for the RACs.
■ Members of the Committee serve without compensation. Reimbursement for travel and per diem for
attendance at RAC meetings called by the Chairperson and with an agenda approved by the DFO will be
Secure Rural Schools Program—RAC Overview www.fs.fed.us/srs 2
12/12/2008
determined on a forest-by-forest basis with a view to budgetary constraints and the need to achieve adequate
representation of necessary groups.
Secure Rural Schools Program—RAC Overview www.fs.fed.uslsrs 3
12/12/2008
Secure Rural School Program of 2008-2011
Title II Overview
■ Counties shal l notify the Secretary of Agriculture of its election of funds for Title II projects no later than
September 30 of each fiscal year. For fiscal year 2008,counties were required to notify the Secretary by
November 14, 2008 of their elections of funds for Title 13 projects. From December 8-12, counties were asked to
confirm or correct of their elections.
■ Title 11 projects recommended by Resource Advisory Committees(RRCs)must be within the RAC's
geographical boundary.
■ Project funds may be used by the Secretary for the purpose of making additional investments in,and creating
additional employment opportunities through, projects that improve the maintenance of existing infrastructure,
implement stewardship objectives that enhance forest ecosystems, and restore and improve land health and water
quality. Projects shall enjoy broad based support with objectives that may include,but not limited to:
o Road,trail, and infrastructure maintenance or obliteration;
o Soil productivity improvement;
o Improvements in forest ecosystem health;
o Watershed restoration and maintenance;
o Restoration, maintenance and improvement of wild-life and fish habitat;
o Control of noxious and exotic weeds; and
o Reestablishment of native species.
■ At least 50 percent of all Title II funds must be used for projects that are primarily dedicated to:
o Road maintenance,decommissioning, or obliteration;or
o Restoration of streams and watersheds.
Submitting Title II Project Proposals
■ RACs shall submit Title 11 project proposals to the Secretary by September 30 of each year through fiscal year
2011.
■ Each proposed project description should include the following:
o The purpose of the project and a description of how the project will meet the purposes of the Act;
o The anticipated duration of the project;
o The anticipated cost of the project;
o The proposed source of funding for the project,whether project funds or other funds;
o Expected outcomes;
o A detailed monitoring plan;and
o An assessment that the project is to be in the public interest
Secure Rural Schools Program—Title II Overview www.fs.fed.uslsrs
12/12/2008
Evaluation and Approval of Title II Projects
■ The Secretary may make a decision to approve a project submitted by a RAC only if the proposed project
satisfies each of the following conditions:
o The project complies with all applicable Federal laws and regulations;
o The project is consistent with the applicable resource management plan and with any watershed or
subsequent plan developed pursuant to the resource management plan and approved by the
Secretary of Agriculture;
o The project has been recommended by the RAC in accordance with the Act;
o A project description has been submitted by the RAC to the Secretary in accordance with the Act;
o The project will improve the maintenance of existing infrastructure, implement stewardship
objectives that enhance forest ecosystems, and restore and improve land health and water quality.
■ The Secretary may request that a RAC agree to use project funds to pay for any environmental review,
consultation, or compliance with applicable environmental laws required in connection with a proposed project.
If the RAC does not agree to the expenditure of funds then the Secretary shall consider the project withdrawn
from further consideration.
■ A decision by the Secretary to reject a proposed project shall be at the Secretary's sole discretion. A decision by
the Secretary to reject a proposed project shall not be subject to administrative appeal or judicial review.
■ Within 30 days after the Secretary's decision to reject a proposed project,the Secretary shall notify the RAC in
writing of the rejection and the reasons for rejection.
• The Secretary shall publish in the Federal Register a notice of each project approved if such notice would be
required had the project originated with the Secretary.
■ The Secretary may use contracts, grants, and cooperative agreements with states, local governments, private and
nonprofit entities, landowners and other persons in carrying out an approved project.
Use of Title Il Project Funds
■ After the issuance of a decision document for the project and the exhaustion of all administrative appeals and
judicial review of the project decision,the Secretary and the RAC shall enter into an agreement addressing,at a
minimum,the following:
o The schedule for completing the project;
o The total cost of the project, including the level of agency overhead to be assessed against the project;
o For a multiyear project,the estimated cost of the project for each of the fiscal years in which it will be
carried out; and
o The remedies for failure of the Secretary to comply with the terms of the agreement consistent with
current Federal law.
■ The Secretary may decide to cover the costs of a portion of an approved project using Federal funds appropriated
or otherwise available to the Secretary for the same purposes as the project.
• As soon as the Secretary and the RAC have reached agreement with regard to a project to be funded,the project
funds may be transferred. The Forest Service shall not begin a project until the project funds available.
Availability of Title 11 Project Funds
By September 30 of each fiscal year through fiscal year 2011, a RAC shall submit to the Secretary a sufficient
number of project proposals that if approved, would result in the obligation of at least the full amount of the
project funds reserved by the participating county in the preceding fiscal year.
Secure Rural Schools Program--Title 11 Overview www.fs.fed.uslsrs 2
12/12/2008
■ Unobligated project funds shall be available for use as part of a RAC project submission in the next fiscal year.
a Any project funds not obligated by September 30,2012,will be returned to the U.S.Treasury.
Secure Rural Schools Program—Title II Overview www.€s.fed.uslsrs 3
12/12/2008
Secure Rural School Program of 2008-2011
Title III Overview — County Funds
Counties shall notify the Secretary of Agriculture of its election of funds for Title III projects no later
than September 30 of each fiscal year through fiscal year 2011.Title III projects are developed and
selected by the counties. Projects should be advertised for 45 days to allow public comment. Proposed
projects should also be sent to the Resource Advisory Committee (RAC) if one exists in the county.
Title III funds may be used to:
(1) carry out activities under the Firewise Communities Program to provide homeowners in fire
sensitive ecosystems education and assistance with implementing,techniques in home siting,
home construction, and home landscaping that can increase the protection of people and property
from wildfires;
(2) reimburse the participating county for search and rescue and other emergency services, including
firefighting that are performed on Federal land after the date on which the use was approved and
paid for by the participating county; and
(3) develop community wildfire protection plans in coordination with the Secretary of Agriculture.
Under the new Secure Rural Schools Act, counties receiving more than$350,000 total payment cannot
allocate more than seven percent to Title III projects,with the balance allocated to Title 11 or returned to
the U.S. Treasury.
Counties allocating funds for Title III projects must submit a certification that the funds were used in
accordance with Title III to the Secretary of Agriculture no later than February I of the year after county
funds were expended.
The authority to initiate Title III projects terminates on September 30,2011.Funds obligated by
September 30,2012, will be returned to the U.S. Treasury.
Secure Rural Schools Program—Title III Overview www.fs.fed.uslsrs
12/12/2008
2008-2011 Secure Rural Schools*
U5DA — Forest Service
Butte County Resource Advisory Committee
Membership Interest
If you are interested in serving a two-year term as a Butte County Resource
Advisory Committee member or replacement member, please complete the
following information request and return to Lee Anne Schramel Taylor do
Plumas National Forest, POB 11500/159 Lawrence Street, Quincy, CA 95971, FAX
530-283-7719, Phone 530-283-7850. Reply Due.•February 16, 2010
Name:
Organization:
Address:
Phone (day/eveningj:
Fax:
Email:
Blease provide a detailed cover letter (2 page max) explaining why you would like
to serve, what special qualifications or expertise you may have relative to your
stated interest, and any other information you would like to include.
Please indicate interest group(s) you represent (check all that apply):
Category A Category B Category C
Organized labor or non-timber — Nationally recognized — Hold State elected office
forest product harvester groups environmental organizations or their designee
Developed outdoor recreation,off — Regionally or locally recognized — Hold county or local
highway vehicle users,or environmental organizations elected office
commercial recreation activities;
— Energy and mineral development — Dispersed recreational activities — American Indian tribes
interests;or commercial or within or adjacent to
recreational fishing interests committee area
Commercial timber industry — ArchaeologicaI and historical — School officials or
interests teachers
-- Hold Federal grazing or other land — Nationally or regionally — Represent the affected
use permits,or represent recognized wild horse and burro public at large.
nonindustrial private forest land interest groups,wildlife or
owners,within the area for which hunting organizations,or
the committee is organized watershed associations
*http://www.fs.fed.us/srs
011210