AOCC represents western Oregon counties that host 2.1 million acres of O&C timberlands managed by the Bureau of Land Management (BLM). AOCC advocates for sustained yield management of the O&C lands, as required by federal law under the O&C Act, to protect and support jobs and local economies, public services, and healthy resilient forests.

During its annual meeting, AOCC members discussed recent court victories affirming that the 1937 O&C Act requires all 2.1 million acres of O&C timberlands under jurisdiction of the BLM to be be managed for sustained yield timber production. Last month, a federal judge ruled the Bureau of Land Management’s 2016 Resource Management Plans violated the O&C Act.

In a separate ruling, the same judge determined O&C lands cannot be included by presidential declaration in a national monument in which sustained yield management is forbidden. AOCC has announced its support for congressional legislation that would restore the Monument by replacing all O&C lands included in the Monument with other, non-O&C lands. AOCC is also supporting reauthorization of the Secure Rural Schools (SRS) program, as well as Senator Ron Wyden’s long-term solution for federal payments to O&C counties.

In addition to county commissioners from AOCC member counties, the annual meeting was attended by representatives from each BLM district in western Oregon and congressional staff from Congressmen Peter DeFazio’s office, while Senator Wyden greeted the meeting through a video message.

“AOCC was never opposed to a legally proper designation of that area as a monument; our concern was the improper process by which the CSNM was expanded,” said Tim Freeman, Commissioner from Douglas County and President of the AOCC Board of Directors. “When O&C lands are involved, any new monument must be by congressional action, rather than by presidential proclamation. That is why we now support congressional action to restore the Monument in a way that respects the rule of law.”

BLM lands covered by the O&C Act were dedicated by congress in 1937 for sustained yield management and revenues produced from timber harvests are shared with county governments to help pay for public services. Monument status prevents sustained yield management. AOCC’s proposal therefore includes a provision that would keep the counties whole, by replacing all O&C lands included in the Monument with other, non-O&C lands. Replacement of O&C lands lost to monument status by reclassification of other federal lands is something only congress can do. Congress has previously taken similar such action, most recently in the Western Oregon Tribal Fairness Act, which transferred 32,000 acres of O&C lands to tribes. The Tribal Fairness Act required reclassification of an equal acreage of other, non-O&C federal lands in western Oregon to give them O&C status.

If the Association’s proposal is adopted, O&C lands in the Monument would total approximately 81,000 acres, which means 81,000 acres of public domain lands elsewhere in Western Oregon would be reclassified as O&C lands. “We think AOCC’s proposal is a good solution to the Monument controversy,” said Rocky McVay, AOCC’s executive Director. “There are other interests that will have to be accommodated, most notably the private property owners within the footprint of the Monument, but the congressional action we seek can be crafted to address those concerns. Where there is a will to work together, there is usually a way to solve almost any problem.”

AOCC has reached out to the offices of Senator Ron Wyden and Congressmen Peter DeFazio and Greg Walden. “We expect to work with the whole delegation but hope these three will take the lead. They have been very helpful and willing to work with the counties in the past and we think they will recognize this as a good solution for everyone” added Commissioner Freeman.

In one of the cases AOCC argued that the 1937 O&C Act requires all 2.1 million acres of O&C timberlands under jurisdiction of the BLM to be be managed for sustained yield timber production.  The Court agreed, summarizing the 18 page decision as follows:  “Of this there can be no doubt:  the 2016 RMPs [BLM Resource Management Plans] violate the O&C Act.   When a statute’s language is plain, courts must enforce it according to its terms.” (Citations omitted).

In its second case, AOCC argued that O&C lands cannot be included by presidential declaration in a national monument in which sustained yield management is forbidden.  The Court agreed with that as well.  “This is a clean sweep for the Counties” said Rocky McVay, AOCC’s Executive Director.  “This litigation is not over by any means, but this is a huge step forward for Counties in Western Oregon that have historically relied on shared timber receipts from O&C lands to support essential public services.”

Judge Leon ordered the parties to submit additional briefs regarding the path forward in implementing the Court’s decisions.  This “remedies” phase will address the process for replacing the BLM management plans that were declared to be illegal, and for removing more than 40,000 acres of O&C lands from the national monument in which they were illegally included.  The remedies briefing will be completed by mid-January.

“We are grateful to Senator Wyden for his continuing leadership with this important measure” said Tim Freeman, Douglas County Commissioner and President of AOCC. The bill if passed would guarantee funding for nearly 700 counties in 42 states at no less than the amount received under the Secure Rural Schools and Community Self-Determination Act (SRS) for FY 2017, adjusted upward to account for inflation each year into the future. Oregon Counties as a group are the largest recipient of SRS funding.

SRS has been a roller coaster ride since 2000, with multiple ending dates and last-minute reauthorizations over the last 19 years. SRS payments have also been shrinking, getting smaller and smaller with each short-term reauthorization. The uncertainty created by almost constant congressional haggling over SRS renewals has been particularly hard on county budgeting processes. “The payment levels under this bill would not nearly equal levels historically received from shared timber receipts, but the predictability and certainty this bill would produce would really help counties facing hard budget choices,” said Commissioner Craig Pope of Polk County, AOCC’s Secretary/Treasurer. “Helping stabilize county funding is critical.”

“Our communities need three things” added Commissioner Freeman, “stabilized funding to support adequate county services, improved forest management for the health of the forest and the environment, and a vibrant timber industry to provide jobs and the wood products we all use. Senator Wyden’s bill would secure the first of the legs under this three-legged stool.”

Along with a very large initial appropriation from the US Treasury, the bill would direct the counties’ share of timber harvest receipts into an endowment fund that would be invested for growth and income by financial professionals. Counties would receive payments from the fund’s earnings, and the payments would grow as timber receipts deposits increased.

Commissioner Bob Main of Coos County, Vice-President of AOCC, is particularly supportive of the bill’s continued linkage between timber receipts and future endowment fund payments. “Senators Wyden and Crapo and their staffs have worked for many months on this bill and the results have been worth the effort–this bill would help solve one of the problems we have struggled with for over 20 years. At the same time, it maintains important ties between counties and the federal forests within county borders. Maintaining the connection between counties and forest management is an essential element of this bill,” said Commissioner Main.

Passage of the bill introduced by Senators Wyden and Crapo will not be easy, due primarily to the up-front cost. The initial appropriation to the endowment fund the bill would create is not stated in the bill but would likely be between $7.0 and $8.0 billion. Commissioner Freeman acknowledged the work ahead but expressed optimism regarding the outcome: “Passage will be an uphill battle, but so long as the bill stays in its current form, Senator Wyden can count on our support to help get it through the legislative process.”

SRS has been an on again, off again law since 2000, with multiple ending dates and reauthorizations over the last 18 years. SRS payments have also been shrinking, getting smaller with each short-term reauthorization. The uncertainty created by almost constant congressional haggling over SRS renewals has been particularly hard on county budgeting processes. “The payment levels under this bill would not equal levels historically received from shared timber receipts, but the predictability and certainty this bill would produce would really help counties facing hard budget choices,” Freeman said.

“This is a county funding bill, and helping stabilize county funding is critical,” said Commissioner Freeman. “Our communities need three things—stabilized funding to support adequate county services, improved forest management for the health of the forest and the environment, and a vibrant timber industry to provide jobs and the wood products we all use. Senator Wyden’s bill would secure the first of the legs under this three-legged stool.”

Along with a very large initial appropriation from the US Treasury, the bill would direct the counties’ share of timber harvest receipts into an endowment fund that would be invested for growth and income by financial professionals. Counties would receive payments from the fund’s earnings, and the payments would grow as timber receipts deposits increased.

Commissioner Craig Pope of Polk County, AOCC’s Secretary/Treasurer, spoke up in support of Senator Wyden’s bill and was particularly supportive of the bill’s continued linkage between timber receipts and future endowment fund payments. “The two Senators and their staffs have worked tirelessly for many months on this bill and the results have been worth the effort–this bill would help solve one of the problems we have struggled with for over 20 years. At the same time, it maintains ties between counties and the federal forests within county borders. Maintaining the connection between counties and forest management is an important element of this bill,” said Commissioner Pope.

AOCC Vice President, Commissioner Simon Hare from Josephine County, also expressed support for the bill. “This is not a substitute for a bill that improves the management of federal forest lands, but it is a necessary bill just the same,” said Commissioner Hare. “Our forests are literally going up in smoke every summer and we desperately need legislation that addresses both forest health and jobs in the timber industry. Senator Wyden’s county funding bill will help keep counties in business while we all continue to work on the related issues of forest health and jobs in the woods.”

Passage of the bill introduced by Senators Wyden and Crapo will be a heavy lift politically, due primarily to the up-front cost. The initial appropriation to the endowment fund the bill would create is not stated in the bill but would likely be between $7.0 and $8.0 billion. Commissioner Freeman acknowledged the work ahead but expressed optimism regarding the outcome: “Passage will be an uphill battle, but so long as the bill stays in its current form, Senator Wyden can count on our support to help get it through the legislative process. We are confident he can get it done, especially if he gets help from other members of the Oregon delegation.”

For additional information, contact Rocky McVay, AOCC’s Executive Director, at 541-412-1624, or at rocky@blupac.com.

The Association of O&C Counties (AOCC) elected its leaders for 2019 at AOCC’s annual meeting in Eugene on December 7.  AOCC represents western Oregon counties that host 2.1 million acres of O&C timberlands managed by the Bureau of Land Management (BLM).  AOCC advocates for sustained yield management of the O&C forests, as required by federal law under the O&C Act, to protect and support jobs and local economies, public services, and healthy resilient forests.

AOCC members re-elected Douglas County Commissioner Tim Freeman as AOCC President and Polk County Commissioner Craig Pope as Secretary/Treasurer.  Coos County Commissioner Bob Main as elected Vice President.

During the meeting, AOCC also approved new bylaws ensuring representation of every member county on its Board of Directors. Member counties will designate county commissioners to serve on the Board in the coming days.

In addition to county commissioners and staff from AOCC member counties, the annual meeting was attended by Oregon BLM Acting State Director Chris McAlean, representatives from each BLM district in western Oregon, and congressional staff from the offices of U.S. Senators Ron Wyden and Jeff Merkley and Congressmen Peter DeFazio and Kurt Schrader.  Congressman Greg Walden sent a letter, read by Klamath County Commissioner Derrick DeGroot, which expressed his regret for being unable to join the conference.

Throughout 2018, AOCC and its members engaged elected officials and federal agencies on a variety of issues affecting the O&C counties, including management of O&C lands, timber receipt revenues to counties, and federal forest management reforms pending in the U.S. Congress. Among other successes, AOCC’s advocacy over the last 12 months resulted in increases in payments to the O&C counties of more than $4.1 million for essential public services.

AOCC is supporting reauthorization of the Secure Rural Schools (SRS) program for Fiscal Year 2019, and is proactively working with Senator Wyden’s office on a long-term solution for federal payments to O&C counties.  AOCC continues to be engaged in litigation to protect county interests.  In cases currently pending, AOCC questions the authority of the BLM and the President to deviate from the congressional mandates of the O&C Act.

AOCC Board members and staff also provided presentations throughout the state educating the public, stakeholders and agency and congressional staff on the history of the O&C Act and the advantages of sustained-yield forestry to produce sustainable communities and sustainable environments.

“This is a good first step,” said Douglas County Commissioner and AOCC President Tim Freeman.  “The ESA performs a very important function, but like most any aging government program, the regulations surrounding it need updating and streamlining.  The major social and economic impacts from decisions made under the ESA justify a thorough examination of every process and regulation.”

AOCC Executive Director Rocky McVay expressed similar, cautious optimism.

“The summary of the proposed changes sounds like they will be very helpful, but we need to study the 115 pages of material that will be published in the Federal Register to make sure we fully understand what the proposed changes will do,” McVay said.

“The proposed changes address, among other things, the nature of protections afforded threatened, as compared to, endangered species; the designation of critical habitat; the consultation process when there are proposed projects that might possibly affect a species; and the process for delisting a species that has recovered and no longer is in need of protection.  Although on first review all of the changes seem long overdue, there is clearly more to be done, but the administration is definitely headed in the right direction with these proposals,” McVay said.

While generally supportive, AOCC expressed concern that most of the new regulations may not apply to species already listed, such as the Northern Spotted Owl.

“If these rule changes are not applied to past listings and critical habitat designations, they will not do much good here in Western Oregon,” Commissioner Freeman said.  “We intended to look carefully at that question and if the improvements are not retroactive as they are being proposed, we will push hard in the rulemaking process to see if the agencies can be persuaded to make them retroactive.”

AOCC also thanked U.S. Sens. Ron Wyden and Jeff Merkley, and other members of the Oregon Congressional delegation who supported the program’s reauthorization.  According to AOCC’s estimates, O&C Counties would receive just over a total of $65 million over two years across all SRS titles. The budget agreement also included several federal forest management reforms that will expedite certain forest projects that reduce the risks of catastrophic wildfires.

“We thank all members of the Oregon delegation who played a role in securing this funding, and we especially appreciate Congressman Walden’s efforts to secure House leadership’s support as well as a funding offset for the SRS program,” said AOCC President and Douglas County Commissioner Tim Freeman.  “In the short term this funding will protect essential public services from additional cuts.”

“Yet this funding is only temporary.  We continue to need a long-term solution that increases timber harvests on federal lands and that is consistent with sustained yield forestry as required under the federal O&C Act.  That’s why we are just as appreciative of the forest management reforms in the budget package, which represent a first step toward fixing our broken system of federal land management.”

AOCC members re-elected Douglas County Commissioner Tim Freeman as AOCC President, Josephine County Commissioner Simon Hare as Vice President and Polk County Commissioner Craig Pope as Secretary/Treasurer.

Also elected to the AOCC Board of Directors were Klamath County Commissioner Derrick DeGroot, Lane County Commissioner Sid Leiken, Coos County Commissioner Bob Main, Marion County Commissioner Sam Brentano, Tillamook County Commissioner Tim Josi, Jackson County Commissioner Colleen Roberts, Columbia County Commissioner Henry Heimuller and Curry County Commissioner Court Boice.

The annual meeting concluded a busy year for the Association as it engaged elected officials and federal agencies on a variety of issues affecting the O&C counties, including timber receipt revenues to counties and federal forest management reforms.  Last month AOCC supported U.S. House passage of the Resilient Federal Forests Act of 2017 that aims to improve forest management on federal land and included provisions applicable to O&C lands.

Among it’s many activities this year, AOCC Board members and staff provided presentations throughout the state educating the public, stakeholders and agency and congressional staff on the history of the O&C Act and the advantages of sustained-yield forestry to produce sustainable communities and sustainable environments.

AOCC initiated litigation against President Obama’s last-minute expansion of the Cascade-Siskiyou National Monument, which withdrew tens of thousands of acres of O&C lands from sustained yield timber management that is required by federal statute.  With help from Representative Walden and a supportive letter from Senators Wyden and Merkley, AOCC recently achieved a breakthrough in discussions with the Department of the Interior and the Office of Management and Budget (OMB) regarding $1.39 million in timber payments withheld by the federal government earlier this year.  Payment of the withheld funds should occur soon.

The disputed funds were withheld as part of a government-wide “sequestration” of 6.9 percent of all spending. Sequestration is required by federal statute when the total of all government spending exceeds certain budget caps. The amount sequestered in any given year varies depending on the level of government spending compared to the applicable budget caps. For federal fiscal year 2016, sequestration was set at 6.9 percent.

The 18 O&C Counties receive a share of receipts from the sale of timber harvested from 2.1 million acres managed by the Bureau of Land Management, an agency within the Department of the Interior. “When we received our timber payments in January for fiscal year 2016, we were shocked to find they were short by 6.9 percent” said Commissioner Freeman. “Our budgets are already under terrible pressure and the sequestration made a bad situation even worse. Having those payments restored does not cure our larger budget problems but it sure helps fill a few gaps. Every County will use these much-needed funds for vital services according to their local priorities, from public safety and juvenile programs to elections departments and infrastructure maintenance, and everything in between.”

The Association has been working with the Department of the Interior since March to identify a way to restore the sequestered payments. Secretary Zinke, Assistant Secretary Cameron and Solicitor Jorjani recognized that O&C timber payments are not ordinary government “spending.” Because timber sale receipts are placed in a special account in the U.S. Treasury set up in 1916 for the benefit of the 18 O&C Counties, they are not subject to sequestration in the usual way. OMB was persuaded and this week authorized release of the withheld funds.