HomeMy WebLinkAbout20250406.tiffResolution
Approve Appointments to Bankhead-Jones Farm Tenant Act Allocation
Methodology Committee
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, in accordance with Title III of the Bankhead-Jones Farm Tenant Act
(7 U.S.C. 1012), the USDA Forest Service is required to make payments to counties for
receipts from USDA Forest Service land from grazing fees and mineral receipts, and
Whereas, Weld County will be receiving funds from oil and gas extraction payments from
the National Pawnee Grassland located in Weld County, and
Whereas, in 2009, House Bill 09-1250 passed creating a methodology to allocate funds
received from the Forest Service. Under the allocation methodology, 25% of the funds
must be used for county roads and bridges, 25% must be allocated to the schools in the
county, and 50% is allocated between the two (2) purposes at the direction of a committee
of three (3) County Commissioners and three (3) school district representatives, and
Whereas, the purpose of the funds from the Forest Service is to mitigate the impacts of
the federal lands to the county and school districts in the form of a payment in lieu of
taxes, since the federal lands are tax exempt. Even though only five (5) Weld County
school districts (Eaton RE -2, Ault -Highland RE -9, Briggsdale RE -10, Prairie RE -11, and
Pawnee RE -12) are located in the 192,930 acres of the National Pawnee Grasslands,
under HB 09-1250, the funds allocated to each school district in the county shall be in the
proportion that its pupil enrollment during the preceding school year bears to the
aggregate pupil enrollment in all districts in the county during said preceding school year,
and
Whereas, in accordance with HB 09-1250, school districts within each county receiving
such funds shall select a total of three (3) representatives to meet with three (3) County
Commissioners to discuss the allocation of the unallocated portion of the funds, and
Whereas, there is no statutory guidance, nor requirement, of how the three (3) school
district representatives will be selected, and is at the discretion of the local school districts,
and
Whereas, in accordance with HB 09-1250, it is necessary for all Weld County school
districts receiving Forest Service funds to formally authorize the three (3) selected school
representatives to make a binding decision on the agreed upon allocation methodology.
The funds received by the county cannot be allocated until an agreement is reached by
the committee of the three (3) County Commissioners and three (3) school district
representatives, and
cc: CAC5B/KK), FI(c?/SoIKS)
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2025-0406
FI0082
Appointments to Bankhead-Jones Farm Tenant Act Allocation Methodology Committee
Page 2
Whereas, on the 22nd day of August, 2016, the Board of County Commissioners
approved Resolution #2016-2709, for the binding decision on the agreed upon allocation
methodology on behalf of all school districts located in Weld County, and
Whereas, the three (3) Weld County school districts selected by all Weld County school
districts to serve on the committee pursuant to HB 09-1250 are:
• Superintendent of Weld County School District Weld RE -9 (Ault)
• Superintendent of Weld County School District Weld RE -12 (Pawnee)
• Superintendent of Weld County School District Weld RE -5J
(Milliken/Johnstown)
Whereas, the Board of Weld County Commissioners wish to appoint the following
three (3) Weld County Commissioners to serve on the committee pursuant to
HB 09-1250:
• Perry L. Buck, At -Large
• Jason S. Maxey, District 1
• Kevin D. Ross, At -Large
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the abovementioned three (3) Weld County Commissioners, be, and
hereby are, appointed to serve on the Bankhead-Jones Farm Tenant Act Allocation
Methodology Committee, pursuant to HB 09-1250, to make a binding decision on the
agreed upon allocation methodology on behalf of all school districts located in Weld
County.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 10th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0406
FI0082
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