U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Eastern States
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ENVIRONMENTAL ASSESSMENT Title: Langlade County Sale EA Number: ES-030-2003-0001 Type of Action: Sale of Public Land Pursuant to Section 203 of the Federal Land Policy and Management Act (FLPMA) of 1976 - Modified Competitive Bidding Serial Number: WIES-051706 Applicant: Bureau Motion - Adjacent Landowners Date Prepared: Tuesday, March 09, 2004 Prepared By: Milwaukee Field Office (MFO) BLM-Eastern States Office Bureau of Land Management 310 West Wisconsin Avenue, Suite 450 Milwaukee, Wisconsin 53203 (414) 297-4400 Contact: Paul J. Salvatore, Realty Specialist Phone - (414) 297-4413 E-mail - paul.salvatore@blm.gov Lands Involved Lot 17, Section 25 Township 33 North, Range 10 East, 4th Principal Meridian Langlade County, Wisconsin 1.18 acres I. Introduction Background: In 1964 Langlade County, located in northern Wisconsin, was granted patent to approximately 222.8 acres in the Lower Bass Lake and Upper Clear Lake areas near the Town of Upham. The land was conveyed through the Recreation and Public Purposes (R&PP) Act for forestry and recreational development. The conveyance included a small parcel of land located on the northern shore of Lower Bass Lake. (See Map) The Bass Lake parcel is described as Government Lot 17, section 25, Township 33 North, Range 10 East, 4th Principal Meridian, comprising 1.18 acres. In 1996, the County determined that due to a lack of public access and continued conflicts with adjacent landowners over the use of this small parcel, it would be in the County’s interest to relinquish ownership back to the Bureau of Land Management (BLM). The Langlade County Forestry and Recreation Committee passed Resolution # 31-96 on March 20, 1996, requesting county relinquishment of the subject parcel on Lower Bass Lake. The County Board adopted the resolution on April 16, 1996 and subsequently submitted a Quit Claim Deed to the BLM for the subject property. BLM accepted the relinquishment and title to the subject parcel was re-conveyed to the U.S. on November 10, 1997. Throughout this relinquishment process, several of the adjacent landowners were in contact with the BLM expressing their interest in purchasing the property. At least one group of adjacent landowners have been using the property, informally, for passive recreation purposes. In March of 2001, the BLM completed the Wisconsin Resource Management Plan Amendment (RMPA). The RMPA identified the subject lands as appropriate for disposal through sale or retention by BLM. Objective: To dispose of this isolated track of public land through a modified competitive bid sale pursuant to section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA). Relationship to Statutes, Regulations, Policies, Plans or other Environmental Analyses The proposed action is consistent with the intent of Section 203 [Sales of Public Lands] of FLPMA. Specific guidance for transferring lands through sales is found in 43 Code of Federal Regulations (CFR) 2710, et seq. BLM Washington Office Instruction Memorandum (IM) number 2003-259 outlines current BLM policy regarding sale of public lands. The IM requires use of competitive sale procedures unless the authorized office determines modified competitive bidding or direct sale would best serve the public interest. In addition, the IM requires full documentation of the rationale for using a sale method other than competitive. The MFO developed a form for determining the method of sale to be used. The form outlines the criteria and rationale used in arriving at the determination of sale method. This rationale will be carried forward into the Notice of Realty Action published in the Federal Register. The following planning and environmental documents cover the area where the action will take place: Wisconsin Resource Management Plan (WI-RMP) – August 1985 Wisconsin Resource Management Plan Amendment (WI-RMPA) – March 2001 Conformance with Land Use Plan (LUP) The proposed action is in conformance with the Wisconsin Resource Management Plan, approved August 1985 and the Wisconsin Resource Management Plan Amendment, approved June 30, 1997. The plans proposed transfer of property based on the following [applicable] disposal criteria: Ø 1985 WI-RMP Planning Decisions: Disposal Criteria All BLM surface tracts are categorized for disposal and subject to evaluation on a tract-by-tract basis against the following criteria: Where site-specific analysis reveals no interest by another public or non-profit body, BLM tracts may be offered through sale or exchange to private body. Tracts will be retained under BLM administration only where management and no other public or non-profit body are available or willing to assume jurisdiction. Preferences for sale or transfer may be readjusted based on policy changes, as well as site-specific analysis. If additional BLM surface tracts are revealed in the future, they will also be evaluated and categorized for disposal through the RMP amendment process. Implementation Actions [applicable actions] The following actions will be necessary to implement this alternative: a. Subsequent to plan approval, each tract (or related groups of tracts) will be evaluated for an on-site inspection of renewable resource values and uses, resolution of occupancy or title conflict situations, if any, and potential transfer or sale. Sale terms and deed restrictions, if necessary, will reference applicable local or State land use requirements. c. A land report will be prepared for each tract to present findings and recommend a preferred transfer option. The various transfer options available include: · Recreation and Public Purposes Act lease or sale; · Public sale (under section 203 of FLPMA). Ø 2001 WI-RMPA Planning Decisions: The 2001 WI-RMPA amended the 1985 Wisconsin RMP to address disposal of specific tracts of public lands [Appendix 2, page 49 of the RMPA] and established additional criteria for disposal. In addition, it also stated that actual transfer decisions would be contingent upon “further, site specific analysis”. The subject parcel was specifically identified in the 2001 RMPA for disposal. [Appendix 2, page 48 of the Proposed RMPA and Appendix 2, page 20 of the Approved RMPA]. Disposal Criteria Developed as a Result of the 2001 Plan Amendment In addition to the criteria identified in the 1985 WI-RMP [outlined above], the following standards will be applied to each proposal. Applicable Disposal Criteria from 2001 WI-RMPA: 4. A major objective of this plan is to enable BLM managers to approve reasonable and rational land tenure adjustments. In some cases this means that certain properties would be transferred to a government entity, while in others it may mean that land would be available for public sale. BLM will take into account access, environmental consequences, economic costs and benefits, and other site-specific issues before making decisions regarding individual parcels. The subject land is not of interest to any other government body. Disposal would remove the BLM from potentially difficult and costly management responsibility on an isolated tract of public land. Disposal is a rational land tenure adjustment. In addition, it is specifically identified in the LUP in Appendix 2, page 48 of the Proposed RMPA and Appendix 2, page 20 of the Approved RMPA. Therefore, transfer of the subject property through a patent pursuant to section 203 of FLPMA is consistent with the LUP decisions. II. Proposed Action and Alternatives Proposed Action – FLPMA Section 203 Sale - Modified Competitive Bid The proposed action is to offer the following described lands for sale pursuant to section 203 of the Federal Land Policy and Management Act of 1976: Lot 17, Section 25 Township 33 North, Range 10 East, 4th Principal Meridian Langlade County, Wisconsin, 1.18 acres The method of sale will be modified competitive bid. The Milwaukee Field Office Manager established the method of sale through a Determination on January 22, 2003. Adjacent landowners that will have an opportunity to bid on the parcel are:
The parcel will be sold to the highest bidder. The minimum bid allowed would be the established Fair Market Value (FMV) determined through an appraisal. No Action Alternative The no action alternative would result in the BLM retaining ownership to the parcel. Alternatives Considered but Eliminated from Detailed Analysis Under the No Action Alternative, the lands would remain in Federal ownership. This would result in an isolated tract of Federal land that is both difficult and uneconomical to manage. Since the No Action Alternative is not consistent with current management direction or the approved management plan it is not considered a reasonable alternative and will not be further addressed. III. Affected Environment Background The subject property is on the northern shore of Lower Bass Lake in Langlade County. Langlade County (formerly New County) was created in 1879 from previously unorganized territory. It is named after Charles de Langlade, who led Indian forces for the French, fought for colonists in the Revolutionary War and was a United States Indian Agent in Green Bay. The county is located in the northeastern part of the state. The County Seat, located approximately 13 miles south of Bass Lake, is the City of Antigo. In 1878, Francis A. Deleglise selected the site for the community that was to become the city of Antigo. The city is located on a plateau 1500 feet above sea level on the divide between the St. Lawrence and Mississippi River systems. The wide expanse of level land, the fine stand of timber and the fertility of the "Amigo Flats" soil soon attracted many settlers. In 1883 Antigo was chartered as a city. [Source: Antigo.com] General Land Status The surface and subsurface estates of the parcel are under federal jurisdiction and administration of the Bureau of Land Management. Adjacent landowners are Martha and Mark Johnson and Gerald and Barb Plamann Employment and Income Retail trade, manufacturing and agriculture are the top employers in the county. The Langlade County median household income in 1999 was $33,168 and the per capita income in 1999 was $16,960. [Source: U.S. Census Bureau, 2000] Climate
Population Population for the county and nearby communities is outlined in the following table.
[Source: U.S. Census Bureau, 2000] Vegetation Vegetation in the area consists mostly of maple, hemlock, and yellow birch. West central and northeast: conifer swamp. Historic/Cultural Resources There is no visible evidence of historic or cultural resources on the property. BLM completed a cultural site survey on the 1.18 acre tract on October 30, 2003. A visual inspection of the property was made as well as an inspection of the shoreline of the adjacent property. As a part of the site survey approximately 21 test holes were excavated with material sifted and visually inspected. A copy of the completed report was forwarded to the State Historical Society of Wisconsin on February 17, 2004. Minerals, Federal There are no known mineral applications, leases or reservations on this land. The property has no value for mineral development, waterpower purposes or the generation of geothermal steam. [BLM Mineral Report 2003] Threatened and Endangered Species The bald eagle and gray wolf, both federally listed as threatened, are known to occur in the area. The wolf is not known to be present in the vicinity of the subject parcel. The Wisconsin DNR has documented an active bald eagle nest on an island in adjacent Lower Clear Lake. The nest site is located about 1,584 feet (844 feet of land and 740 feet of Clear Creek Lake) west of the subject parcel. During a site visit in October of 2003, a bald eagle was observed over the lake. There are no state listed species in the vicinity of the parcel but the Wisconsin DNR did identify four (4) special concern species (no laws regulating use) and two (2) inventoried communities. Water Quality, Surface and Ground The Wisconsin Department of Natural Resources has classified Lower Bass Lake as a seepage lake. It is approximately 89 acres in size with a maximum depth of 19 feet. Public access to the lake is via a boat ramp. [Wisconsin Department of Natural Resources 2001] Wildlife Fish species in Lower Bass Lake include northern pike, large mouth bass and panfish. [Wisconsin Lakes, Wisconsin Department of Natural Resources 2001] Zoning The County classifies this lake as Class 3 which requires a 75 foot setback from shoreline for all development. [Personal communication with County on March 31, 2003] The State of Wisconsin DNR requires structures be set back at least a 75 foot from the shoreline of lakes. [Wisconsin DNR April 2000] Reasonable Foreseeable Future Development Once the property leaves Federal ownership it is possible that development may occur. There are County-zoning ordinances that may restrict the types and level of development that may occur. IV. Environmental Consequences This section provides the evaluation of direct, indirect and cumulative environmental impacts of the proposed action. Impacts may be to society, the economy, or the biological or physical environment. Any issues or concerns raised by Bureau staff are discussed below. If these resulted in any measures to mitigate the environmental impacts, those measures are also discussed in this section. Finally, any residual impacts to the environment, despite application of mitigation measures, are identified here. Elements of the Human Environment The following Elements of the human environment are subject to requirements specified in statute, regulation or Executive Order and have been analyzed for the proposed action.
Historical/Cultural Resources The BLM-Eastern States, Milwaukee Field Office feels that transfer of the 1.18 acres out of Federal ownership constitutes no adverse effect to historic properties – as defined in 36 CFR 800.5(b). [BLM; January 13, 2004] By letter dated March 3, 2004, the Wisconsin Historical Society concurred with the BLM opinion of no adverse effect to historic properties. Threatened and Endangered Species In 2000 the BLM consulted with the Fish and Wildlife Service (FWS) in accordance with Section 7 of the Threatened and Endangered Species Act of 1973 as part of the Wisconsin Resource Management Plan Amendment process. Through a memo dated February 20, 2003, the BLM again consulted with the FWS in accordance with Section 7 of the Threatened and Endangered Species Act for this particular project. Through their memo dated November 6, 2003, the FWS concurred with the BLM determination that the transfer out of Federal ownership is not likely to adversely affect the bald eagle. The Wisconsin DNR stated that transfer of the property out of Federal ownership is not likely to adversely affect state listed or species of concern. The DNR recommended that they be contacted by the eventual property owner if plans are made to alter the property. Loss of Habitat Since there is no ground disturbing activities outlined in the proposed action, no loss of habitat is anticipated. Residual and Cumulative Impacts Approval of the proposed action will result in the permanent transfer of Federal land to the successful high bidder on the property reducing the Federal land base by approximately 1.18 acres. Residual impacts of this action will be the addition of approximately 1.18 acres of property to the County tax rolls. Cumulative impacts are the incremental impacts of an action when added to other past, present or reasonably foreseeable future actions regardless of what agency or person undertakes such action (40 CFR 1508.7). For activities to create a cumulative impact (as opposed to direct impact), they would need to be seen in the context of other actions which have, which are or which will take place in the area. Mitigation Measures Provide the applicant with the Wisconsin DNR concerns and points of contact. No additional mitigation measures were developed through this analysis. DNR Contact for information on State special concern species Andy Galvin, Wisconsin DNR Bureau of Endangered Resources, 608-264-8968 V. Agencies, Organizations and Individuals Consulted Ø Langlade County Land Records and Regulations 800 Clermont Street Antigo, Wisconsin 54409-1985 715-627-6206 Ø U.S. Fish and Wildlife Service (FWS) – Green Bay, Wisconsin Joel Trick Consultation with FWS on Threatened and Endangered Species. Ø Wisconsin Coastal Management Program, State of Wisconsin Travis Olson, Program and Planning Analyst Through e-mail indicated that the area is outside of the coastal zone and therefore does not require conformance. Ø Wis | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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