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[Federal Register: October 20, 2009 (Volume 74, Number 201)]
[Notices]               
[Page 53757-53758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc09-72]                         

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLES003420.L14300000.EU0000; WIES-055403]

 
Notice of Realty Action: Modified Competitive Sale of Public Land 
in Bayfield County, WI

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: A parcel of public land totaling 92.26 acres in Bayfield 
County, Wisconsin, is being considered for sale under the provisions of 
the Federal Land Policy and Management Act of 1976 (FLPMA) at no less 
than the appraised fair market value. The Bureau of Land Management 
(BLM) proposes to sell the land using modified competitive sale 
procedures pursuant to 43 CFR 2711.3-2.

DATES: Interested parties may submit written comments regarding the 
proposed sale to the BLM at the address listed below on or before 
December 4, 2009. The BLM will accept sealed bids for the offered land 
from qualified bidders no later than 4:30 p.m. CDT on December 21, 
2009.

ADDRESSES: Comments concerning the proposed sale should be addressed to 
Mark Storzer, Field Manager, Bureau of Land Management, Milwaukee Field 
Office, 626 East Wisconsin Avenue, Suite 200, Milwaukee, Wisconsin 
53202-4617.

FOR FURTHER INFORMATION CONTACT: Carol Grundman, Realty Specialist, 
(414) 297-4447, or via e-mail at carol_grundman@blm.gov. More detailed 
information concerning the sale including maps and the current 
appraisal will be available at: http://www.blm.gov/es/st/en/fo/
milwaukeefo_html.html.

SUPPLEMENTARY INFORMATION: The following described public land has been 
examined and found suitable for sale under the provisions of Section 
203 of the FLPMA (43 U.S.C. 1713) and implementing regulations at 43 
CFR part 2711:

Fourth Principal Meridian

T. 45 N., R. 6 W.,
    Sec. 33, lots 8 to 12, inclusive.

    The area described contains 92.26 acres in Bayfield County.

The BLM Wisconsin Resource Management Plan Amendment dated 2001 
identified this parcel of land as suitable for disposal. The purpose of 
the sale is to dispose of land which is difficult and uneconomic to 
manage as part of the National System of Public Lands. Because the 
parcel has no legal access via a public road, the sale will be offered 
first by modified competitive sale procedures in accordance with 43 CFR 
2711.3-2 to allow adjacent landowners an equal opportunity to 
successfully bid on the property. Bidding under the modified 
competitive sale procedures is only open to adjacent landowners who 
must submit sealed bids to the BLM, Milwaukee Field Office (address 
stated above), no later than 4:30 p.m. CDT, on December 21, 2009.
    If the adjacent landowners fail to exercise the preference 
consideration offered by the modified competitive sale, the parcel will 
remain available for sale on a continuing basis in accordance with 
competitive sale procedures found at 43 CFR 2711.3-1 without further 
legal notice. If the modified competitive sale held on December 21, 
2009 is not successful, then bids will continue to be accepted by the 
BLM under competitive sale procedures. Bids submitted to the BLM under 
competitive sale procedures will be opened on a monthly basis on the 
first Friday of each month at 10 a.m. CDT, at the BLM, Milwaukee Field 
Office, until a successful bid is received or the offer is cancelled.
    Sealed bid envelopes must be clearly marked on the front lower 
left-hand corner with ``SEALED BID BLM LAND SALE WI, WIES-055403''. The 
bid envelope must contain a signed statement showing the total amount 
of the bid and the name, mailing address, and phone number of the 
entity making the bid. Bids must be for not less than the federally 
appraised fair market value determination of the land. The appraised 
fair market value will be made available 30 days prior to the sealed 
bid closing date at the BLM, Milwaukee Field Office, and on the Web 
site (address and Web site stated above). Each sealed bid must be 
accompanied by a certified check, money order, bank draft, or cashier's 
check made payable to the Bureau of Land Management for an amount not 
less than 20 percent of the total amount of the bid. Personal checks 
will not be accepted.
    Sealed bids will be opened to determine the high bid at 10 a.m. 
CDT, December 21, 2009, at the BLM, Milwaukee Field Office (address 
stated above). The highest qualifying bid will be declared the high bid 
and the high bidder will receive written notice. Bidders submitting 
matching high bid amounts for the parcel will be provided an 
opportunity to submit a supplemental sealed bid. Bid deposits submitted 
by unsuccessful bidders will be returned by U.S. mail.
    The successful bidder will be allowed 180 days from the date of 
sale to submit the remainder of the full bid price in the form of a 
certified check, money order, bank draft, or cashier's check made 
payable to the Bureau of Land Management. Personal checks will not be 
accepted. Failure to submit the remainder of the full bid price prior 
to but not including the 180th day following the day of the sale, will 
result in the forfeiture of the bid deposit to the BLM, and the parcel 
will be offered to the second highest qualifying bidder at their 
original bid.
    Federal law requires that bidders must be (1) United States 
citizens 18 years of age or older, (2) a corporation subject to the 
laws of any State or of the United States, (3) an entity including, but 
not limited to associations or partnerships capable of acquiring and 
owning real property, or interests therein, under the laws of the State 
of Wisconsin, or (4) a State, State instrumentality, or political 
subdivision authorized to hold real property.

[[Page 53758]]

Certifications and evidence to this effect will be required of the 
purchaser prior to issuance of a patent.
    The Federal mineral interests underlying this parcel have no known 
mineral value and will be conveyed with the sale of the parcel. A 
sealed bid for the above described parcel constitutes an application 
for conveyance of those mineral interests. In addition to the full 
purchase price, a successful bidder must pay a separate nonrefundable 
filing fee of $50 for the mineral interests to be conveyed 
simultaneously with the sale of the land.
    Publication of this Notice in the Federal Register segregates the 
subject land from appropriation under the pubic land laws, except sale 
under the provisions of the FLPMA. The segregation will terminate upon 
issuance of patent, upon publication in the Federal Register of a 
termination of the segregation, or on October 20, 2011, unless extended 
by the BLM State Director in accordance with 43 CFR 2711.1-2(d) prior 
to the termination date.
    The terms and conditions applicable to this sale are as follows:
    1. The parcel is subject to valid existing rights.
    2. To the extent required by law, this parcel is subject to the 
requirements of Section 120(h) of the Comprehensive Environmental 
Response Compensation and Liability Act, as amended (CERCLA) (42 U.S.C. 
9620(h)).
    3. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessee's/patentee's use, 
occupancy, or occupations on the leased/patented lands.
    4. No warranty of any kind, expressed or implied, is given by the 
United States as to the title, physical condition or potential uses of 
the land proposed for sale, and the conveyance will not be on a 
contingency basis. It is the buyer's responsibility to be aware of all 
applicable local government policies and regulations that may affect 
the subject land or its future uses. It is also the buyer's 
responsibility to be aware of existing or prospective uses of nearby 
properties. Any land lacking access from a public road or highway will 
be conveyed as such, and future access acquisition will be the 
responsibility of the buyer.
    Public Comments: Interested parties and the general public may 
submit written comments concerning the land being considered for sale, 
including notification of any encumbrances or other claims relating to 
the identified land, to the Field Manager, BLM Milwaukee Field Office, 
at the above address on or before December 4, 2009. Comments 
transmitted via e-mail or facsimile will not be considered. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so. The BLM will 
make available for public review, in their entirety, all comments 
submitted by businesses or organizations, including comments by an 
individual in their capacity as an official or representative of a 
business or organization. Comments will be available for public review 
at the BLM Milwaukee Field Office during regular business hours, except 
holidays.
    Any adverse comments will be reviewed by the State Director, who 
may sustain, vacate, or modify this realty action. In the absence of 
timely filed objections, this realty action will become the final 
determination of the Department of the Interior.

    Authority:  43 CFR part 2711.

Steven Wells,
Deputy State Director, Division of Natural Resources.
[FR Doc. E9-24567 Filed 10-19-09; 8:45 am]

BILLING CODE 4310-GJ-P