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T11N R3W SEC 3 SE4 SE4 Native Grant Land
MEMORANDUM DATE: September. 5~ 1989 TO: John FROM: Daniel Bolies SUBJECT: Roehl per. mit application. It would seem that the Municipality has the author, try to issue a permit to William Roehl on land deeded to his father, as a native allotment. Actor. ding to Ms. White with BIA Realty Division, there is no need for their' office to get involved. Pen section 313 of the Clean Water. Act ali lands under, feder, al contr, ol must conform to state and local r. equirements. Also JoAnne, from Planning~ said that Daniel Roehl had to confopm iD the requirements iss~ed by the MOA on his last replat. db189 DATE: TO; FROM: SUBJECT: M', icipal ty of A ch -_, age MEMORANDUM April 28, 1983 Kathy Foltz, Ombudsman Office Health and Environmental Protection TllN R3N Section 3 S½ SE¼ SE¼ Dan Roehl Property Attached is the most recent information in regards to the Dan Roehl property. If there are any questions, please call this office at 264-4720. Robert C. Pratt, R.S. Associate Environmental Specialist RCP/ljw attachement 91-010 (4/76) 14 November 1975 , h. Toxic and hazardous mat~rlals manage- (1) Identification of significant toxic mat~ ~als being cont~lled. (2) Summary of types and protective meas:~ u~s for control of oil spills, disposal of toxic chemicals, etc. (3) Identification of unique problems. i. ~d ma~ge~nt. (1) Summa~ of conse~ation activities (fo~ est, fish and wildlife mana~ment, etc.). (2) Summary of histo~cal and archeological si~s and facilities and related preservation ac- tivities. (3) Summa~ of installation attractiveness program and activities. j. Envimn~ntal research pmg~ (if a~li: cable). (1) Summary of ongoing environmental r~ ~arch activities by pollution control media (air, water, etc.). (2) Summa~ of technolo~-application ac- tivities. (3) Identification of new research requir~ ments. C 2, AR 200-1 k. Environr~e~atal education, training and ~'n. formation programs. (1) Status of individual and unit education training activities. (2) Summary of environmental protection courses given or attended (TRADOC Report will include courses and student attendance at courses in Army School System). (3) Summary of publio information activi- ties. I. Environmental enhancement activities. ~ (1) Summary of environmental enhance- ment activities and projects conducted in sup- port of Johnny Horizon, Keep America Beauti- ful, Defense Community Service Program, etc. (includes activities by active and Reserve units). *1-12. Executive Order 11752. Figure 1-1 is the Presidential Executive Order dated 17 De- cember 1973 which sets forth the pQticy and standards for the prevention, control, and abatement of environmental pollution at DA installations. t:EXECUTIVE ORDER 1 ! 752 ,.. Prevention, Control, and Abatement Of Environmental Pollution at Federal Facilities By virtue of the authority vested in me as President of the United States of America, including section 301 of title 3 of the United States Code, and in furtherance of the purpose and policies of the Clean Air Act, as amended (42 U.S.C. 1857), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251), the Solid Waste Disposal Act, as amended (42 U.S.C. 3251), the Noise Control Act df 1972 (42 U.S.C. 4901), the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431), the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. 136), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321), it is ordered as follows: SECTION 1. Policy. It is the purpose of this order to assure that the Federal Government, in the design, construction, management, oper- ation, and maintenance of its facilities, shall provide leadership in the nationwide effort to protect and enhance the quality of our air, water, and land resources through compliance with applicable standards for the prevention, control, and abatement of environmental pollu- tion i.n full cooperation with State and local governments. Compliance by Federal facilities with Federal, State, interstate, and local sub- stantive standards and substantive limitations, to the same extent that any person is subject to such standards and limitations, will accomplish the objective of providing Federal leadership 1-7 .C 2, AR 200-1 and cooperation in the prevention of environ- mental pollution. In light of the principle of Federal supremacy embodied in the Constitu~ tion, this order is not intended, nor should it be interpreted, to require Federal facilities to com- ply with State or local administrative proce- dures with respect to pollution abatement and control. SEC. 2. Definitions. As used in this order:. (1) The term "Administrator" means the Ad- ministrator of the Environmental Protection Agency. (2) The term "Federal agencies" means the departments, agencies, establishments, and in- strumentalities of the executive branch. (3) The term "State, interstate, and local agencies" means any of the followin~ (A) a State agency designated by the Gover- nor of that State as an official State agency responsible for enforcing State and local laws relating to the prevention, control, and abate- ment of environmental pollution; (B) any agency established by two or more States and having substantial powers or duties pertaining to the prevention, control, and abatement of environmental pollution; (C) a city/county, or other local government authority charged with responsibility for en- forcing ordinances or laws relating to the pre- vention, control and abatement of environmen- tal pollution; or (D) an agency of two or more municipalities located in the same State or in different States and having substantial powers or duties.per- taining to the prevention, control, and abate- ment of environmental pollution. (4) The term "facilities" means the buildings, installations, structures, land, public works~ equipment, aircraft, vessels, and other vehicles and property, owned by, or constructed or man- ufactured for the purpose of leasing to, the Federal Government. (5) The term "United States" means the fifty States, the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Terri- tory of the Pacific Islands. SEC. 3. Responsibilities. (a) Heads of Federal i4 November 1975 agencies shall, witl~ regard to all facilities un- der their jurisdiction in the United States: . (1) Ensure that applicable standards specified in section 4 of this order are met on a continu- lng basis. (2)~_Coo0erat~e~ with the Administrator and State, interstate, and local agencie~s in the pre- vention, control, a~d abatement of environmen- tel pollution and, in accordance with guidelines issued by the Administrator, provide to the Administrator and to those agencies such infor- marion as is necessary to determine compliance with applicable standards. Such cooperation shall include development of an abatement plan and schedule for meeting applicable standards. (3) Present to the Director of the Office of Managemen't and Budget,' annually, a plan to provide for such improvement in the design, construction, management, operatiort, and maintenance of existing facilities as may be necessary to meet-applicable standards speci- fied in section 4. (4) Consider the environmental impact in the initial stages of planning for each new facility or modification to an existing facility in acc'ord. ance with the National Environmental Polic3 Act. (5) Include with all budget requests for the'~.~_~J' design and construction of new facilities or for modification of existing facilities funds for such measures as may be necessary to meet applica- ble standards specified in section 4. Budget requests shall reflect the most efficient alterna- rive for meeting applicable standards. (6) Consult, as appropriate, with the Adminis- trater and with State and local agencies conL_~ cerning thee best ~qchniques anti.ethOs avail- able for the. pre'venU.~.p~ ~bntrol, and abatement 'of .e n~iro n meht al~t'i~)~. (7) Ensure that any funds appropriated and apportioned for the prevention, control, and abatement of environmental pollution are not used for any other purpose unless permitted by law and unless speeifieal.ly approved by the Office of Management and Bridget. (b) Where activities are carried out at Federal facilities acquired by leasing or other Federal agreements, the head of the responsible agency may at his discretion, to the ~xtent permissible under applicable statutes and regulations, re- Figur~ l-l--Continued 1-8 ,© 14 November 1975 quire the lessee or permittee to assmne full' responsibility for complying with standards for the prevention, control, and abatement of envi- ronmental pollution. (c) Heads of Federal agencies responsible for the construction and operation of Federal facili- ties outside the United States shall assure that such facilities are operated so as to comply with the environmental pollution standards of gen- eral applicability in the host country or jurisdic- tions concerned. (d) The Administrator shall: (1) Provide technical advice and assistance to the heads of Federal agencies in connection with their duties and responsibilities under this order. (2) Maintain such review of Federal facilities' Compliance with the standards specific in sec- tion 4 as may be necessary. (3) Provide liaison as required to assure that actions taken by Federal agencies pursuant to this order are coordinated with State, inter- state, and local programs for the prevention, control, and abatement of environmental pollu- tion. (4) Mediate conflicts between Federal agen- cies and State, interstate, or local agencies in matters affecting the application of, or compli- ance with, applicable standards specified in sec- tion 4. (5) Develop in consultation with the heads of other Federal agencies a coordinated strategy for Federal facility compliance with applicable standards specified in section 4 which incorpo- rates, to the maximum extent practicable, com- mon procedures for an integrated approach to Federal agency compliance with such stand- ards, and issue such regulations and guidelines as are deemed necessary to facilitate implemen- tation of that strategy and to provide a frame- work for coordination and cooperation among the Environmental Protection Agency, the other Federal agencies, and the State, inter- state, and local agencies. (6) Maintain a continuing review of the imple- mentation of this order and from time to time, report to the President on the progress of the Federal agencies in implementing this order. SEC. 4. Standa~ts. (a) Heads of Federal agen- cies ~hall ensure that all facilities under their C 2, AR 200-1 jurisdiction are designed~ constructed, man- aged, operated, and maintained so as to con- form to the following requirements: (1) Federal, State, interstate, and local air quality standards and emission limitations adopted in accordance with or effective under the provisions of the Clean Air Act, as amended. (2) Federal, State, interstate, and local water quality standards and effluent limitations re- specting the discharge or runoff of pollutants adopted in accordance with or effective under the provisions of the Federal Water Pollution/ Control Act, as amended. (3) Federal regulations and guidelines re- specting dumping of material into ocean waters adopted in accordance with the Marine Protec- tion, Research, and Sanctuaries Act of 1972, and the Federal Water Pollution Control Act, as amended. (4) Guidlines for solid waste recovery, collec-'k tion, storage, separation, and disposal systems) issued by the Administrator pursuant to the/ Solid Waste Disposal Act, as amended. (5) Federal noise emission standards for prod- ucts adopted in accordance with provisions of the Noise Control Act of 1972 and State, inter- state, and local standards for control and abate- ment of environmental noise. (6) Federal guidance on radiation and gener- ally applicable environmental radiation stand- ards promulgated or recommended by the Ad- ministrater and adopted in accordance with the Atomic Energy Act, as amended (42 U.S.C. 2011), and rules, regulations, requirements, and guidelin~-~ on discharges of radioactivity as pre. scribed by the Atomic Energy Commission. (7) Federal regulations and guidelines re- specting manufacture, transporation, purchase, use, storage, and disposal of pesticides promul- gated pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesti- cide Co~trel Act of 1972. (b) In those cases in which there are no environmental pollution standards as specified in subsection (a) for a particular geographic area or citrus of Federal facilities, the Adminis- trator, in consultation with appropriate Fed- eral, State, interstate, and local agencies, may Figur~ l.l..-Contim~d 1-9 ~.C 2, A~R 200-1 issue regulations, which shall be published in the FEDERAL REGISTER, establishing envi- ronmental pollution standards for the purpose of this order. SEC. 5. Exemption. (a) The heads of Federal agencies, in consultation with the Administra- tor~ may, from time to time, identify facilities or uses thereof which are exempted from applica- bls standards specified in section 4 in the inter- est of national security or in extraordinary cases in which it is in the paramount interest of the United States. No such exemptions shall be made except as are permissible under applica- ble Federal law. '(b) In any case in which the Administrator does not agree with a determination to exempt a facility or use thereof from the provisions of this order, the head of the Federal agency making such a determination must have the approval of the Director of the Office of Man- agement and Budget to exempt that facility or use thereof; except that, the Administrator is solely responsible for approval of exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by 14 November 1975 the Federal Environmental Pesticide Cor~trol Act of 1972. (o) The heads of Federal agencies shall pre- sent to the Director of-the Office of Manage- merit and Budget at the end of each calendar year a report of all exemptions made during that year, together with the justification for each such exemption. SEC. 6. Saving Provisions. Excgpt to the extent that they are inconsistent 'with this order, all outstanding rules, regUlations, orders, delegations, or other forms of administrative action issued, made, or otherwise taken under the order superseded by Section 7 hereof or relating to the subject of this order shall re- main in full force and effect until amended, modified, or terminated by proper authority. SEC. 7. Order' Superseded. Executive Order N,o. 11507 of February 4, 1970, is hereby superseded. /a/RICHARD NIXON THE WHITE HOUSE Dsce~mber 17, 1973 Fig~rz l.l-~ontlnued 1-10 t any warrant or otl er process issued by an officer or court o:~ competent jm'isdiction. (m) In the casa of 0uam and the Tr,s~ Territory of the Pacific Ishmds, actions arisi ~g under this ~ection may bo b~u~ht in tlt~ dis- tt.ic~ conrt of Guam, and in the casa of tho Virtu Ishm~ls such actions nmy ~ kmt ght in the distric; cour~ ~,~ tln~ Virgin ~lands. In the case of American Samoa and tho Trust territory of tho Pacitlc Is~tnds~ such acti ms may bo brought in the Dim4cC Cour~ of tho Unite~} 5tate~ for the District of 1.Iaw~ ii an,~ st, [} com'~ si , I have joe?diction o[ such actioas. In the case of fl~ Canal Zouo, such actions re:t) bo broug t~ in tho District Coux* ~ur the District of tho C:unt I Zone. tiv%' le~slat~ve~ and ]ud~cml branches of the ~ ederal Government Q) hewn,, jurisdiction over any property or facilitv~ or (9) en~ged m any acttwty reatdtm~, or winch may rt solt~ 111 the d~schargo et mn- off of pollutants shall [comply wi[h Federal, Sta[e, interstat% l~al requirements respecting control and abatemen~ of pollntion to tho same cxten~ tha~ any person is subject to such t~qnit~ments~ inchtding tho payment o~ reasonable sera'ica charges.] b¢ ~.ubjec~ a~ compbt with a~l ],'cdeval~ ~tate, interstate~ ami local rcqub'e ment~, both su~st~*tlva~a~td procedural (including aay requirement/o~' par- .~its ~ reporting qr ang ~.'ouislon* for inju.~wtivc relleg and aucg {ane&ons ~ may ~e imposed b~ a court to e a/orce such veU~[), .respect- lnp contvol a~d abatement o/ poll~tio~ ia the same ,nanae~ aad to the same a~te~t, as any p~s~ is sabject to sach vequu'ements,.i~wl~dlny t~ vaument of reasonable se~,v&e charycs. Neither the Umted ~'tates aor hn~ a~ent.*employee, ~w~' o/flee thereof sh~d~ be immune or e,vemp~ ]yom aay pro&ss or sane&~ of an~/ fi'tare or,(~ ederM c~rt with respect to the ~-n[oree.me~tt of sud& ia yuact~ve vd~[. I he President m]y exemp; any ehluen~ source of any department, agency oe insmuaenlMity m the exeentivo branch ~rom compliance ~ith any such a requi~meng if lm doterminas k to be in the paramoung interest of the Uaited States to do so; exeep~ tha~ no exemption may be granted from tho reqnire- merits of section 806 or 307 of this Act. ~'o such exemptions shall bo lranted due to lack of appropriation unless the Pl't. siden~ shall have ,eeifically reqnested such appropriatio~k as g part of the.?~,}geta~f recess and fl~e Congress shall have failed to mQ;e ava,yu~e s}a.n requeste~l appropriat on Any exempt4on shall be xor a penott nog e~cess of one year, but additional exemptions may be grated for ~eriods of no~ to exceed one y0ar upon the Presidefit's malfin~ a new ~atermination. The Presiden; shall repo~ each Jam,a~' to the Con-. ~ss all exemptions from the requirements of tt}i.~ section granted urinfi tho m'ee~ling mflendar year, to,ether wah Ins ~a~n for granting stleh exemption. 8ze. 314. (a) Each Stats shall 9repare or establish, and ~bmlg to tho Aflministrator for his approval-- (1) an condition of all · (2) printed,res, req?~vments), to ('~ (3) methods and Federal a~encics, to · (b) 'dho Administ.raa this section. ~he ~tates lo prepare the insubsection (a) (I) (~) (I) Tho amoun~ g~ this section shall not. exc aueh State in snch year: cedu~s m~der this ~ectim (~) Thot~ ia authori[, fiscal year ending 3 une 3, [and $150,000,000 for year 1~5; a~d 6'150,~0. J.qSO' for gnmts to Stat. remain aratlable until ex1 an eqnitablo distribution me,hods andprocedures n S~c] 315. (a) There which shall make a fall of tho teehnolo-icM economic, socia~ and cnvi~ lng, the cflluen~ lindtatio: 301(b)~) of this ;kct. ~'b) ~c]l C]mmission in, fire ~]entbexs of thc Sa commitke, appointed by tho IIouso, who arc mem pointed by the Speaker of ap~intedby tho Presiden be elected from among its (e) In tho conducg of sr eontmeg with tho Xafiona Academy of ~ng~neering Council), tho ~ational Insti other nongovemmenhd enti their competent. (d) Tho heads of the d~ of tho executive branch o~ with the Commission iu cai and shall fnrnish to the Co~ (e) A report shrill ~ su ANCHORAGE, ALASKA 99502 DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION {825 "L" Street) July 13, 1978 John Simpson Subject: Danny Roehl Trailer Court Danny Roehl was re~ested to supply this office with ~gineering plans on his existing sewer and water facilities. As of this date, he has not. Th~'plans must be submitted so we can make a dete~ination hers to whether or not the facilities are ade~ate for the s~ject trailer court. If there are any questions, please contact this office at 264-4720. ~bert C. Pratt, R.S. Sanitarian ~P/ljh cc: Ken Norm~ Municipality off Anchorage MEMORANDUM DATE: TO: FROM: SUBJECT: March 11, 1982 Kelly Fisher, Assistant Municipal Attorney David George, Legal Intern Enforcement of Municipality of Anchorage Housing and Nuisance Ordinances Against an Indian on Trust Land Although the relevant legislation is exceedingly complex, it appears that the Federal government has pre-empted jurisdiction over Indian Trust Land such as here involved. Therefore, any state or municipal assumption of jurisdiction must be with the express consent of Congress. One possible, such expression, 28 U.S.A.A. § 1360(a!, is inapplicable to county (and by implication, municipal) zoning and building ordinances, at least in the Ninth Circuit. Santa Rosa Band of Indians v. Kings County, 532 F.2d 655 (1975). T~-~ was so ~oth b-~ause "state" does not mean county and because such an interpretation would conflict with other federal legislation, such as 25 CFR § 1.4. Although beyond the scope of this memo, it is possible an ordinance could be enforced directly against the person of an Indian if it only indirectly affects his use of the property. See opinion of Richmond Allan, solicitor BIA (Note: this opinion predates Santa Rosa, supra). A statute supporting such a distinction, 25 U.S.C.A. § 231, appears to be worthless; its implementing legislation has been revoked. Furthermore, it would require BIA approval before state assumption of jurisdiction. It, therefore, appears the opinion of Mr. Kaiser (11/9/77) is basically correct; the BIA has sole jurisdiction here. Mr. Kaiser's successor, Herb Hoppe, suggests that any complaints or opinion requests be sent to: Mr. Albert Kahklen, Superintendent Bureau of Indian Affairs P. O. Box 120 Anchorage, Alaska 99510 DG:mrk A4UNICIPALITY OF ANCHORAGE RECE.!.V_FD 91-0'i0 (5/78) Mr. Stan Brush Department of Health and Environmental Protection Pouch 6650 Anchorage, Alaska 99502 UNITED STATES DEPARTMENT Of tHE INTERIOR BUREAU OF INDIAN AFFAIRS ANCHORAGE AGENCY P.O. BOX 100120 ANCHORAGE, ALASKA 99510 271-4104 REALTY 1983 Dear Mr. Brush: Our office recently received a call regarding the subdivison of the Daniel Roehl property. Apparently there is some question on the status of the land. Mr. Roehl's Native allotment, S1/2SE1/4SE1/4 Section 3, T.11N., R.3W., Seward Meridian, although patented to him is still restricted property. It will remain restricted property until he removes it from that status by applying for a Certificate of Competency, or until it is conveyed to another party through sale or gift deed. In the case of a sale, the property remains in restricted status until the parcel is paid for in full. In Mr. Roehl's case, all of his parcel will remain in restricted status until one or more of the subdivided parcels are paid for in full, at which time only the parcel(s) sold and paid for will become unrestricted property. If any of the parcels are gift deeded to other Natives, they may remain in restricted'status, depending upon the competency of the new owner to manage the land. If you have any questions, or would like to discuss this more fully, feel free to contact me by letter or phone° Sincerely, Ronald D. Kortlever Realty Specialist i DATE: TO: FROM: SUBJECT: tun' ipality of Anchov MEMORANDUM ' October 4, 1978 Douglas G. Weiford, Municipal Manager Rolf Stricklan~nviro~ental Health Manager thru Bert Hall, Director of Health & Enviro~ental Protection Dan Roehl Property,' Golden View Drive The situation, simply stated, is that there exsists on the subject pro- perty a community water supply and sewage system that h~55 no local, state or federal approval and for which we have no knowledge of satis- factory operation or maintenance. We~ have documented that these systems exsist and serve some eight (8) to ten (10) mobile homes; however, by both local and state laws, appro- vals are required for both construction and operation. None of these approvals have been applied for or received. Our concern rests w~th satisfactory sewer and water service to the public (mobile home occupants) and that the sewer system is not causing actual or potential health hazards to neighboring water supplies. Our latest involvement in this matter was a complaint of "periodic lack of adequate water" from two occupants. We investigated the complaint but the supply appeared adequate at W~e have referred this entire matter ~ceo We have~aempted, with no success, that time. to the Department of Law for e=sist-/ to resolve this matter with Mr. Roehl and have kept Mr. Simpson informed of all our actions. The sewer and water systems are apparently improperly designed and in- stalled systems which can result in serious health hazards to the occu- pants and neighboring wells. Until it is determined that local or stat~ laws apply in this case, we hav~ reacne~ the end-of our involvement. Attached are copies of our correspondence. RS:lac 91-010 (4/76) OFFICE OF THE MUNICIPAL MANAGER POUCH 6-650 ANCHORAGE, ALASKA 99502 (907) 274-2525 GEORGE M. SULLIVAN, MA YOR September 27, 1978 Mr. John Simpson SILK 474-S Anchorage, Alaska 99507 Dear Mr. Simpson: We wish to acknowledge your letter of September 21 and to let you know we are looking into the matter of sanitation and sewer facilities at the %railer park opera%ed by Dan l{oehl. We will keep you advised of developments. Sincerely yours, D. G. We%ford' J Municipal Manager DGW:AFI~ bc: Municipal Attorney (Attn K. Norman) Director, Health & Env. Protection (Attn l{. Strickland) PLEASE ADVISE AS TO THE STATUS OF THIS DGW MUNICIPALITY OF ANCHORAGE MEiViORANDUNI Date 19__ To: From: Re: Signed 91-015 (5/76) POUCH 6.650 ANC.HORAGE. ALASKA 99502 (907) 274-2525 GZ-'ORGE M SULLIVAN, MA YOR OFFICE OF THE MUNICIPAL ATTORNEY November 4, 1977 Mr. Daniel Roehl Box 10192 Anchorage, AK 99502 Re: TllN, R3W, Section 3, S 1/2, SE 1/4, SE 1/4 BLM File No.: Anchorage 052690 Dear Mr. Roehl: Our previous requests for as-built plans and other records relative to the sewer and water facilities serving the trailer court you operate on the above described land have been ignored. Without such records it is quite impossible for the .Anchorage Department of Health and Environmental Protection to determine whether the sewer and water faci- lities serving those dwellings meet minimum sanitation standards. .Accordingly, the Department has refermed your file to my office for appropriate legal action. Failure to contact ~ office at 264-4241 within five days of the date of this letter will result' in,legal action prchibiting you from operating such sewer and water facilities without the apprcval of the Anchorage Department ¢,f Health and Environ- mental Protection. Such action could result in liability for substantial penalties, costs, and attorney's fees. Very truly yours, Ken Norman Assistant Municipal Attorney KN:kh CC: Robert C. Pratt, R.S. Anchorage Department of Health and Environmental Protection 825 L Street Anchorage, Alaska 99501 bcc: Mary Goch, Realty Officer Bureau of Indian Affairs Box 120 Anchorage, Alaska 99510 Mr. Jessee Johnson Bureau of Land Management 555 Cordova Street Anchorage, Alaska 99501 Mr. John Simpson SRA 474-S Anchorage, AK' 99507 Mr. John W. Simpson SRA 474-S Anchorage, Alaska 99507. October 5, 1977 Enclosed herewith is a copy of the United States Department of the Interior, Bureau of Indian Affairs, regard%ng Mr. Dan' Roehl's land allotment. If there are any questions, please feel free to contact ER;EST SCHLERETH Suzanhe~--S-~%%ary slf Enc~ UNITED STATES DEPARTMENT OF THE iNTERIOr BUREAU OF INDIAN AFFAIRS Aoy Peratrovich, Superintendent Anchorage Agency, P. 0. Box 120 Anchorage, Alaska 99510 ~n Reply Refer To: Realty 005 A-052690 September 29,.1977 Mr. Ernest Schlereth 330 "L" Street Anchorage, Alaska 99501 Dear Mr. Schlereth: This is in reply to your letter regarding Mr. Dan Roehl's land allotment. Mr. Roehl has applied for the subject land pursuant to tHQ Native Allotment Act of May 17, 1906 (34 Stat. 197) as amended (7~ Stat. 954; 43 .U.S.C. 270-1 to 270-3). 25 CFR 1.4(a) states: Exdept as provided in.paragraph (b) of this section, none of. the laws, ordinances~ codes, resolutions, rules or other regulations of any State of political subdivision thereof limiting, zoning or other- wise governing, regulating, or controlling the use or development of any real or personal property, including water rights, shall be applicable to.any such property leased from or held or used under agreement with and belonging to any Indian... that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States". Mr. Roehl has equitable title to this property and his application for allotment is pending the issuance of a Certificate from the Bureau of Land Management. Sincerely yours, Realty Officer UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF' INDIAN AFFAIRS In P~ply Refer To: Realty 005 A-052690 ROy Peratrovich, Superintendent Anchorage Agency, p. O. Box 120 Anchorage, Alaska 99510 November 9, 1977 Mr. Ken Norman Assistant MunicipalAttorney Pouch 6-650 Anchorage, Alaska 99502 RECEIVED Dear Mr. Nonr~n: N~r'4, 1977. ~. ~ appli~ for ~s 1~ p~s~t ~ ~e Native ~lo~t Act of ~y 17, 1906 (34 S~t. 197) as ~d~ (70 S~t. 954; 43 U.S.C. 270-1 ~ 207-3). ~. ~'s application for ~ 1~ you ~ntion ~ yo~ lett~ ~s ~ a~is~atively approX. ~s gives ~ ~le title ~ this pro~y ~g ~e ~s~ce of a C~ifica~ f~ ~ ~u of ~ M~g~t. For all practical purposes Mr. Poehl's land is subject to the Rules and Regulations of the Bureau of Indians Affairs. 25 CFR 1.4 addresses State and local re~ation of tJ]e use of Indian property. 1.4(a) states: "none of the laws, ordinances, codes, resolutions, rules or other regu- lations of any State or political sukdivision thereoff limiting, zoning or othe~vise governing, regulating, or controlling the use or develo~nent of any real or personal property, including water rights, shall be appli- cable to any such property leased frc~ or held or used under agreement with and kelonging to any Indian... that is held in tr~st by the United Stat~s or is subject to a restriction against alienation imUosed by the United States." In view of the above regulation this office is advising the Municipality of Anchorage not to instigate any legal action agminst Daniel Roehl regarding the use' of his land. The Bureau of Indian Affairs will make an investigation into the ada~. ~y of Mr. Roehl's water and sewer facilities. Any future c~laints received by your office regarding Chis land should be sent to the Bureau of Indian Affairs. TR~ Redi~rm ~ 45 469 SEND PARTS 1 AND 3 WITH CARBON INTACT, Fel~,peklSOm~4P469 :. PART 3 WILL 8E RETURNED Wli'H REPLY, HEALTH DATE COMPLAINT OPENED: 76259 COMPLAINT Ii:ODE: 84 CURRENT DISPOSITION: PEND R:EF ~±: .!OHN SIHPSON ,{TERR~'.,,' H. A~:EA C:ODE: ±2~$ _.H:.E OFF I C:EF:'.: .IOE R:EF '~2: [:,RTE COHF'LAINT C:LCt:5E[:,: NRTU¢:E: --. ..... -LEGAL DEPT-264-42421:,5 t,-"2:5. E. t.--"4:5. _--:: TO~.IN:SHIP ±±N. RANC:GE i :SEb~FIRD TRAILER P~,-,'i'-40 SANITRRV FERTI_IRES MEMOR~..DUM · ./ MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENV=~RONMENTAL PROTECT ION v CITIZEN COMPLAINT JUNK CAR WATER NUISANCE PUB FAC HOUSING AIR SEWAGE NOISE OTHER LOCATION OF PROBLEM .',. l/r). DETAILS OF COMPLAINT: ' VIOLATOR'S NAME: ADDRESS 70-006 MU~IICIPALITY OF ANCHORAGE ~"', CITIZEN COMPLAINT DATE TYPE: TIME TAKEN BY JUNK CAR WATER NUISANCE PUB FAC HOUSING AIR SEWAGE NOISE OTHER (Specify) LOCATION OF PROBLEM , DETAILS OF COMPLAINT: 'r~5 -- C VlOLATOR'S NAME; Aue Hs. Delo~e~ Re~lt~ Bureau o¢ Indian AffalF~ Box 120: c . .. Anchorage, Al~s~ 9~510 ~bjec~: O&~ Re,h1 ~etive Grant L~nds O~r ~s. Roullte~: have been odvtse~ o~ your reqo~s~ for information concerning haa~th and sanitation problems en the subject property. apparently out of our Jurtsdtctlon~ ~s developed without submission of plans to us and we have ~ade no Inspec:to~s on the prepert~ prto~ to th~ covering of the ~a~er supply' and ~a~§e os ~h~ property, al:hough ~e have no information on the ~ell or the distribution syste~. It is our understanding that there is a se~age collection system alse~ but ~e have no information on this syste~; ~hat kind of of~ although t~ ~u~t be ~o~e sort of ~otl able,piton ~yste~. ~e also have no soils tnfor~etton on th~ property te deteraine It) suitability for on-site sewage disposal. this property is to b~ developed, a definite plan'for d~velop~ent should be ~ade and a ~ater supply and sewage disposal syste~ based on ulttaate use should be designed and installed under sO~e reasonable guidelines. This ~a~ ba especially l~portan: on hlll3tda dawtopeents such a~ this. bls. D~lor~s August 31, Page Two Roul~,' 1972 Should we be able advisory capacity us, to be of any assis;ance to you in an or other~.~tse, please feel free to contact Sincerely, JohF) R. Lee, R.S. Environmental Services Supervisor mu cc: Clifford P. Judkins~ Director Sheila Gallagner, Borougi) Attorney August Page Two Ro u 1972 Sllould we be able advisory capacity US. Sincerely, to be of any assistance to you or other~.~ise, please feel free in an to contact John R. Lee, R.S. Environmental Services Supervisor Iit b cc: Clifford P. Judkins, Director Sheita Gallagher, Borougi~ Attorney July 31~ 1972 279-8686 C L A A L A N W A A C L A N 0 U T Y MEMORANDUM TO: FROM: Cliff Judkins Department of Environmental Quality J. D. Cellars -~ --- Department of Law SUBJECT: Dan Roehl - Native Grant Lands Ms. Delores Roullier, Realty Section, Bureau of Indian Affairs, has requested that she be supplied with any information concerning health and sanitation problems on subject's property. Apparently Mr. Roehl secured help from the Public Health Service regarding his utilities for his trailor court. Dan Petrovich stated that the Bureau of Indian Affairs is not concerned with zoning, but only with sanitation on grant lands and apparently this is the only way to secure any action. JDO:jm Attachments July 31~ 1972 C L E N A C l E A N O M U N T ¥ C L E A N M E R 0 R A N DU M TO: Cliff Judkins Depargment of Environmental Quality FROM: J. D. Cellars ---~'~-- Department of Law SUBJECT: Dan Roehl Native Grant Lands Ms. Delores Roullier, Realty Sectior_, Bureau of Indian Affairs, has requested that she be supplied with any information concerning health and sanitation problems on subject's property. Apparently Mr. Roehl secured help from the Public Health Service regarding his utilities for his trailor court. Dan Petrovich stated that the Bureau of Indian Affairs is not concerned with zoning, but only with sanitation on grant lands and apparently this is the only way to secure any action. JDC:jm Attachments GREATER ANCHORAGE AREA BOROUGH Department of Environmental Quality MEMORANDUM Nov. 11, 1971 File ]~or TO: Borough Attorney Department of Law FROM: C.P. Judkins, R.S~Z'~/~ Director SUBJECT: Dan Rhoel Property, Golden (Indian Grant Land) View Drive REC.EIVED BOFIOt;C ,q ATTOP~NE¥ INITIALS Personnel of the Department of Environmental Quality have inspected the subject property to determine its condition in relation to the various requirements of the Greater Anchorage Area Borough. The attached report by Mr. Lee indicates that there is a public sewage disposal system serving five (5) dwelling units located on the property and a semi-public water sup- ply system serving the same units. Since these systems were apparently put in without plan submission and without engineering supervision, it is im- possible to determine the public health significance of the situation and whether or not any immediate health or environmental degradation oroblem exists due to the devel- opment. In order for the Borough to insure that such problems do not exist, it would seem mandatory that the properties, even though they are Indian Grant Lands, be subject to the enw'ronmental and health requirements and controls of ~he Greater Anchorage Area Borough and the State of Alaska. I would appreciate the assistance of the Legal Department in resolving this problem. We are under the imoression that the Planning Department is experiencing similar problems within their-jurisdiction and they should be consulted concerning their desires. CC: Kyle Cherry Vernon R. Wiggins GREATEE ANCHORAGE AREA BOROUGH Department of Environmental Quality NE~O RAN DUH Nov. 11, lg71 TO: Borough Attorney ~epartment of Law FROM: C.P. Judkins, R.S~ Director SUBJECT; Dan Rhoel Property, Golden View (Indian Grant Land) Drive RECE V[D Bo-rlot CT,ri A i"1'( Personnel of the Department of Environmental Quality have inspected tile subject property to determine its condition in relation to the various requirements of the GreaTer Anchorage Area Borough. The attached report by Mr. Lee indicates tha% there is a public sewage disposal system serving five (5) dwelling units located on the property and a semi-public water sup- ply system servin§ the same units. Since these systems were apparently put ~n without plan Submission and withou~ engineering supervision, it is im- possible to determine th~ public health significance of the situation and whether or not any immediate health or environmental degradation problem exists due to the devel opment. - In order for the Borough to insure that such problems do not exist, it would seem mandatory that the properties, even though they are Indian Grant Lands, be subject to the environmental and health requirements and controls of the Greater Anchorage Area Borough and the State of .Alaska. I would appreciate the assistance of the Legal Department in resolving this problem. We are under the impression that the Planning. Department is experiencing similar problems within their jurisdiction and they should be consulted concerning their desires. rn cc: Kyle Cherry Vernon R. ~iggins OFFICE OF THE MUNICIPAL MANAGER November 20, 1978 Mr. John Simpson SRA 474 Anchorage, Alaska 99507 Re: Sanitation and Sewer Facilities - Dan Rochl Travel Park POUCH 6-650 ANCHORAGE, ALASKA 99502 (907) 274-2525 GEORGE M. SULLIVAN, MA YOR ~cmAL~TY O~ ANcHO~AGF" ENvirONMENtAL r,,, RECEIVED Dear Mr. Simpson: At our recent meeting we decided that the Department of Health and Envi- ronmental Protection will continue their routine surveilance of the subject property for unlawful sewage discharges and water pollution and that the Department of Law will enforce substantive violations of the law when in its judgment adequate evidence exists. In addition, we discussed the need for eyewitness testimony concerning unlaw- ful sewage discharges and water pollution prior to initiation of legal action. Moreover, we advised you to discuss with Arthur Kennedy and other supervisory federal personnel your dissatisfaction with the response of the Bureau of Indian Affiars to your concern relative to the operation of a trailer court on federal property. Do not hesitate to report your personal observations of violations of muni- cipal law to the Department of Health and Environmental Protection or the Department of Law. Sincerely, / Douglas G. Weifo)~d Municipal Manager DGW/lh CC; Municipal Attorney Director of Health and Environmental Protection MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION CITIZEN COMPLAINT DATE [] JUNK CAR TIME TAKEN. ~-~."L BY ~ SEWAGE [~ AIR '~ WATER [] NOISE [] NUISANCE HOUSING [--~ PUB FAC LOCATION OF PROBLEM DETAILS OF COMPLAINT VIOLATOR'S NAME (If known) COMPLAINANT ADDRESS PHONE ~'~:~,.,~ ~.:~ . 70-008 (Rev, 1/78) DO NOT TAKE ANONYMOUS COMPLAINTS '\ -.{'~.~ii~"[['::~.~ ',~0~ ".-. /~_':. ~i?~ - . :..! .,. ~??~<.: ~~.~il ."phone ~oday~. I' ~ope ~hat ehl~.ts wii~t you .~. lmktn~ :"' ' 2-'::'~.-.:'? ~.... Th~ ~o~ for being pa~t~nt'..l ,- ..: -_::~. August 31, 197Z Delores RoullJer ~ealty Sec:ton ~ureau of ~n~n Affatrs 120 Anchoraoe, Alask~ 9~$10 Subject: Oan Roehl - ~attve Grant Lends Dear ~s, Roullier: have been advised of your request for information concerning health and sanitation problems on the subject property. Assessing these problems is difficult as thts tract of land ts apparently ou~ of our Jurisdiction, was developed without submission of plans to us and we have made no inspections on ~he property prior to the covering of :he water supply and se~age systems. There is a semi-public mater supply serving the homes on the property, although we have no Information on the ~ell or the distribution system. ~t is our understanding that there is a se~age collection system also~ but ~e have no information on this system~ ~hat kind of treatment ts betng used nor ho~ the effleent iS being disposed of; although it must be some sort of sot1 absorption system. ~e also have no soils information on the property to determine tis suitability for on-stte se~age disposal. Xf this property ts to be developed, a deftntte plan for ~evelopment should be made and a water supply and se~age disposal system based on ultimate use should be designed and installed under some reasonable guidelines. This may be especially important on htllslde developments such as this. DATE: TO: FROM: SUBJECT; ! MEMORANDUM November 15, 1977 Ken Norman ~{UNiCIPAL ATTORNEr Sanitarian, Health and Environmental Protection Danny Roehl's Property On November 8, 1977, Danny Roehl and his wife came to the office after talking to you. I informed them that this office must be supplied with as~ built plans for their sewer facilities serving the subject property. I told them that they could draw their own plans but must be specific and supply us with proof of the information. Enclosed are the plans they sufficient ~ Robert C. Prattt R.S. Sanitarian submitted to us. These are not RCP/ljh 91-010 (4/76) ~ov~D~r ~5~ ~77 ~en ~orman Sanitarianv Health and Environmental Protection Danny Roehl's Property On November 8, 1977, Danny Roehl ~nd his wife came to the office after talking to you. I informed them that this office must be supplied with as- builtsplans for their se~r facilities serving the subject property. I told them that they could draw their own plans bu~t must be specific and supply us with proof of the information. Enclosed are the plans they submitted to us. These are not sufficient. Robert C. Pratt, Sanitarian RCP/1 jh UNITED STATES RealL.2. DEPARTMENT OF THE INTERIOR 005 A-052690 BUREAU OF INDIAN AFFAIRS Roy Peratrovich, Superintendent Anchorage Agency, P. O. Box 120 Anchorage, Alaska 99510 N~ 9, 1977 Mr. Ken Nornmn Assistant MunicipalAttorney Pouch 6-650 Anchorage, Alaska 99502 RECEIVED Dear Mr. No~I~an: ~{r;:,;~- This is a response to the letter your office sent: Daniel Roehl, on November 4, 1977. Mr. Roehl applie~, for this land purs%~nt to the Native allotment Act of May 17, 1906 (34 Stat. 197) as amended (70 Stat. 954; 43 U.SoC. 270~1 to 207-3)o Mr. Roehl's application for the land you mention in your letter has been administratively approved. This gives him equitable title to this property pending- the issuance of a Certificate frc~ the Bureau of Land Management. For all practical purposes Mr. Rcehl's land is subject to the Rules and Regulations of the Bureau of Indians Affairs. 25 CFR 1.4 addresses State and local regulation of the use of Indian property. 1.4 (a) states: "none of the laws, ordinances, cedes, resolutions, rules or other regu- lations of any State or political subdivision thereoff limiting, zoning or otherwise governing, regulating, or controlling the use or development of any real or personal property, including water rights, shall be appli- cable to any such property leased from or held or used under agreement with and belonging to any Indian... that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States o" In view of the above regulation this office is advising the Municipality of Anchorage not to instigate any legal action against Daniel Roehl regarding the use of his The Bureau of Indian Affairs will make an investigation /nto the adaquacy of Mr° Roehl's water and sewer facilities~ Any future c~laints received by your office regarding this land should be sent to ~he Bureau of Indian Affairs. Sincerely yours, Henry Kaise~r, Jr. Acting Superintendent ANCHORAGE, ALASKA 99502 (7) 274-252S OFFICE OF THE MUNICIPAL ATTORNEY November 4, 1977 Mr. Daniel Roehl Box 10192 Anchorage~ AK 99502 Re: TllN~ R3Wt Section 3, S 1/2, SE 1/4, SE 1/4 BLM File No.: Anchorage 052690 Dear Our previous requests for as-built plans and other records relative to the sewer and water facilities serving the trailer court you operate on the above described land have been ignored~ Without such records it is quite impossible for the Anchorage Department of Health and Environmental Protection to determine whether the sewer and water faci- lities serving those dwellings meet minimum sanitation standards. Accordingly, the Department has referred your file to my office for appropriate legal action. Failure to contact my office at 264-4241 within five days of the date of this letter will result' in legal action prohibiting you from operating such sewer and water facilities without the approval of the Anchorage Department of Health and Environ- mental Protection. Such action could result in liability for substantial penalties; costs, and attorney's fees. Very truly yours, Assistant Municipal Attorney KN:.kh cci Robert C. Pratt, R~S. Anchorage Department of Health and Environmental Protection 825 L Streeh Anchorage, Alaska 99501 Mary Goch, Realhy Officer Bureau of Indian Affairs Box 120 Anchorage, Alaska 99510 Mr. Jessee Johnson Bureau of Land Management 555 Cordova Street Anchorager Alaska 99501 bcc: Mr. John Simpson SRA 474-S Anchorage, AK 99507 DATE Redi~torm® SIGNED ~ 45 469 SEND PARRS I AND 3 WITH CARBON INTACT. Thim d~partment ha.~n~t~nyr~co~us~'~ If -~eze ~e any ~.h~: ~stiO~ off!c~ a~-279~2511,'~t~$ion 224 or Sincerely, Sanitarian RC~/Ijh DATE: TO: FROM: SUBJECT: MunicipaSty of Anchorage MEMORANDUM March 4~ 1977 Ken Norman Through: Joseph S. Blair, SanitariaD Health and. Environmental Protection Q_~h~ Property TllN R3W Section 3 SM SE~, Native Grant Land 1-21-77: Dyed sewer system and talked to Mr. Roehl's son and one tenant: both stated that all the trailers on the property are served by one sewer system, which is located directly behind Mr. Roehl's residence. 1-24-77: Found no indication of dye.. 1-25-77: Found no indication of dye. 1-26-77: him I dyed the system and the results. s~ed that he didn't notice any dye. Robert C. Prat~, R S. Sanitarian Called John Simpson, who is the complainant, told He also RCP/ljh 91-0"J0 March 4, 1977 Ken Norman Through: JoSeph S. Blair, R.S. Sanitarian Health and Env~ronraental Protection Dan Roehl Property TilN R3W Section 3 S¼ SE%, Native Grant Land 1-21-77: 1,24'77: 1-25-77: 1-26-77: Dyed se~r system and talked to Mr. Roehl's son and one tenant: both stated that all the trailers on the property are served by one sewer system, which is located directly behind ~o Roehl's residence. Found nO indication of dye° Found no indication of dye. Called John SimPson, who is the complainant, told him I dyed the system and the results. He also stated that he didn't notice any dye. Robert Co Pratt, Sanitarian RCP/ljh POUCH 6-650 ANCHORAGE, ALASKA 99502 (907) 279 2511 GEORGE M. SULLIVAN, MA YOR DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION (825 "L" Street) February 3, 1977 Mr. Daniel Roehl Box 10192 Anchorage, Alaska 99502 Subject: TllN R3W Section 3 S¼ SE¼ Native Grant Land Dear Mr. Roehl: This department hasn't any records on your sewer and water facilities serving your trailer court. We request that you submit to this office as-built plans for your well and sewer system. If the plans show that one or both are not adequate then measures will need to taken to possibly upgrade your facilities. If there are any questions, please contact this office at 279-2511, extension 224 or at the above address. ~r~~ ~ Robert C. Pratt, R.S. Sanitarian RCP/ljh DBTE COMPLBINT OPENED; 7~25D COMPLBINT CODE~ 04 CURRENT DISPOSITION~ PEND REF ~l: BREB CODE: CBSE OFFICER: JOE REF NBTURE: SE~I~GE JOHN SIMPSON (TERR]T~ -LEGFIL DEPT-264.-4242)S i/'2 5. E. t.74 S. 2~ TOWNSHIP ±±N. RBNCGE ]: P~. SENSRD TRSILER W,."NO S8NITSR~ FE8TUREs MUNICIPALITY OF ANCHORAGE DEPARTMENT OF HEALTH AND ENVIRONMENTAL PROTECTION CITIZEN COMPLAINT TYPE: JUNK CAR WAFER NUISANCE PUB FAC _HOUSING AIR SEWAGE NOISE OTHER (Specify) DETAILS OF COMPLAINT: VIOLATOR'S NAME: COMPLAINANT ADDRESS Municipality of Anchorage MEMORANDUM DATE: January 18, 1977 TO~ FROM~ Joseph Blair, Environmental Services Manager Ken Norman, Assistant Municipal Attorney SUI~JECT: Inspection of Dan Roehl Property, TllN R3W Section 3, S1/4, SE1/4, Native Land Grant I an unaware of any restriction upon the authority of your office to inspect the above property for violations of any of our ordinances as long as we follow the procedures required by our own ordinances. If there are enclaves within this community wherein violation of municipal law is beyond the scope of our jurisdiction, a court of competent jurisdiction will inform us in the manner provided by law. Until that time, however, or until such time I inform your office in writing of the existence of such enclaves, proceed with the inspection of the above property in a reasonable manner. Please ask your enforcement personnel to disregard the oral legal opinions of any of your former attorneys~especially those dispensed in hallways or establishments where alcoholic beverages are served. When the sad day comes that I cease to be your attorne~please disregard any unwritten opinion of mine that seems to inhibit vigorous enforcement and submit any written opinion of mine that seems to inhibit vigorous enforcement to my successor for his clarification, comment, and review° We should neither reinvent the wheel every generation nor pass all the albatrosses of each generation to the next. I shall be most happy to consider any opinion request your department desires. KN:kw July 13, 1978 John Simpson Subject: Danny Ro~hl Trailer Court Danny RoehI was requested to supply this offic~ with engineering pla~s on his existing se~r an~.water facilities. As of this date,hhe has not. The })lans must be sub, it%ed so we eau make a determination hare-to whether or not the facilities are adeqqate for the subject trailer court. If there are any questionsr please contact this office at 264~4720. Szn~er~ly ~ Robert C. Pratt~ Sanitarian RCP/lJh cc: Ken Norman DATE: TO; FROM: SUBJECT: un c pa ty Anchorage MEIVIORANDUM January 27, 1977 Richard W. Garnett III, Municipal Attorney Director. Health and Environments] Protection Native Land Holdings/Inspection Authority For Health Attached are copies of correspondence conerning inspection.of -the~Roehl.:.proper. t,g,~, Included is the opinion of Ken Norman concerning the authority to inspect. The department has begun an investigation of this property and information concerning the inspection will be made available. Robert A. (Bert) Hall Director RAH/lw Enclosures 91-010 {4/76) DATE ~ TO: FROM' SUBJECT~ MunicIpality of Anchorage MEMORANDUM January 18, 1977 Joseph Blair, Environmental Services Manager Ken Norman, Assistant Municipal Attorney Inspection. of Dan Roehl Property, TllN R3W Section 3, S1/4, SE1/4, Native Land Grant I an unaware of any restriction upon the authority of your office to inspect the above property for violations of any of our ordinances as long as we follow the procedures required by our own ordinances. If there are enclaves within this community wherein violation of municipal law is beyond the scope of our jurisdiction, a court of competent jurisdiction will inform us in the manner provided by law. Until that time, however, or until such time I inform your office in writing of the existence of such enclaves, proceed with the inspection of the above property in a reasonable manner. Please ask your enforcement personnel to disregard the oral legal opinions of any of your former attorney~ especially those dispensed in hallways or establishments where alcoholic beverages are served. When the sad day comes that I cease to be your attorney~please disregard any unwritten opinion of mine that seems to inhibit vigorous enforcement and submit any written opinion of mine that seems to inhibit vigorous enforcement to my successor for his clarification, comment, and review. Ne should neither reinvent the wheel .every generation nor pass all the albatrosses of each generation to the next. I shall be most happy to consider any opinion request your department desires. KN:kw MEMOHANDUM DATE: TO: FROM: SUBJECT: January 11, 1977 Ken Norman Services Manager Environmental Inspection of Dan Roehl Property TllN R3W Section 3 S¼ SE¼ Native Grant Land ~_ Request your legal opinion of the authority of this office to ~nspect the above cited property. A copy of the file on this property has previously been furnished you. An expeditious determination will be much appreciated. Thank you~ 4os~h S. Blair, R.S. ~nvi~onmental Services Manager ~SB/13h 91-O10 ¢4/76) J~nuary 11, 1977 Ken ~.Iorman Environmental Services Manager Inspection of Dan Roehl Property Request your legal opinion of the authority of ~his office to inspect the above cited property. A copy of the file on this property has previously been furnished you. An expeditious determination wili be muah appreciated. Thank you. Joseph $. ~lair, R.B. ~nvironmental Servi=es Manager JSB/lJh kO inspect the above ~it~ property. A copy of the file on ~his property has pr~vio~iyb~e~ ~nvironmental Services ~a~ager 1977 EnFiron~ntal s~rvices Manager Land E~vironm~ntal Servic~ Manager JSB/ljh GREATER ANCHORAGE AREA BOROUGH Department of Environmental Quality November lO, 1971 TO: Cliff Judkins Director Leer~n~. FROM: John R. Senior Envl mental Specialist SUBJECT: Property Resided on by Dan Rhoel off Golden View Drive. We have not received any engineering design on the subject property or any inspections of on-site sewer facilities. There are three mobile homes, cabin located on the property. these units is located in the the property and there appears one large house, and a small log A well that probably serves approximate southeast corner of to be adequate protective radii. The mobile homes are modern and have been skirted and there is not excessive junk on the property. Across Golden View Drive from this development there are two junk cars which are an eyesore and which probably came from the Rhoel property. The well is of approved construction and although we do not know what is being used for sewage disposal it does not appear that there is any immediate health hazard present. Engineer- ing plans for the water distribution system and the sewage disposal system, if there is one, should be submitted for re- view and approval. st GREATER ANCHORAGE AREA BOROUGH Depar~men~ of Environmen-cal (~uality TO: Cliff Judkins Direc'cor FRu . Joiln R. Lee Senior Envir~nln~ntal Specialist SU,~_CT: Pro~er-cy Residem on Dy Dan Rho~l Drive. hovember lO, 1971 off Golden View lie have not received any engineering design on sne subject orcper'~y or any inspections of on-si~e sewer facilities. i-isere are three moi)il.a homes, one large house, and a small log cebin 'located on ~he property. A well thas probably serves '* ti .... units s located in the approximate soutlleast corner o'F tile property aha there appears to be adequate pro~ective radi~. The ,slobile JlollJes are Illodern aild have beell s[-'irted and ~Ilere is nos excessfve jLlilk on [he )rol)erty. Across C-,olaen View Drive from this developmen~ there are -cwo junk cars which are an eyesore an~ which probably came from ~he Rhoel property. The know ',;h~t is th::t there is ing plans for disposal view a~id we]l is of approved construction and although we do IlOL being used for sewage disposal it does not appear any immediate health hazard present. Engineer- tile Water distribution system and ~he sewage system, iF there is one, should be submitted For re- approval . st GREATER AHCIIORAGE AREA 80ROUGII DepJl't:,s'en[ oF Environmental quality November 10, 1971 off Golden View .:c :,~,.:e not rece', red any engineering des'ign Oil tJlo subjec~ ~:'$perty or any inspe-ct4ons oF on-site sewer facil.i~ies. ..... ~ are three mobile homes, one large house, and e small Jog c~5in 'located on the property. A well thac ppobabiy serves ' ~:~:,= un'ts is ]ocated in the al)pr'oxIma~e southeas~ corner of L~le ,]ponerty and there appears to be adequa '-~ ~ protective radii. The mobile homes are modern and have becel Skirted and tiler_: ,-- not excessive .1unl: on the l)roperty. Across Golden Vie:v u,'ive from this deVeloDnenc there are two ju~lk cars which are an eyesore and which p~obc. I)ly came From the ~,hoel property. '.:,=ll is of aparoved con~,LrucLion and ,l]Lhullgh we do Ilo[: what is being used -or sewage disposal it does not appear tLere is any im;,;ediace health hazard present. Engineer- ;,l;:~ For the w, Let distribution system ~nd tl~e sewage d~sSo~al sys[o,n, if Lhere is one, should be submitted for re- APPLICABILITY OF HEAL~ AND S~ITATION ~WS OF ~ STATE OF ~LIFO~ ON I~N RESERVATIONS Indians: Civil Jurisdiction--Indians: Criminal Jurisdiction--Indian Lands: Generally--Indian Lands: Allo~nts: Generally--Indian ~nds: Tribal ~nds--State Laws--Act of Au~st 15, 1953, 67 Stat. 589, as amended, 18 U.S.C. ~ 1162 and 28 U.S.C. ~ 1360 Civil and criminal jurisdiction over the persons and private (non-trust)property of Indians within Indian country granted to states or assumed by states under Public Law 280 (Act of August 15, 1953, 67 Stat. 589, as amended, 18 U.S.C. § 1162 and 28 U.S.C. § 1360) does not include authority to enforce state laws directly or indirectly against property held in trust by the United · States for the benefit of Indians° Indians: Civil Jurisdiction--Indian Lands: Generally--Indian Lands: Allotments: Generally--Indian Lands: Tribal Lands--State Laws-- Regulations: Generally--Act of February 15, 1929, 45 Stat. 1185, 25 U.S.C. ~ 231 The Act of February 15, 1929, 45 Stat. 1185, as amended, 25 U.S.C. § 231, providing for the entry of agents and employees of a state upon Indian tribal lands, reservations, or allotments for the o purpose of enforcing state sanitation and quarantine regulations, is not s~lf-executing and in the absence of implementing regulatioDs cannot serve as a source of authority to enforce state health and sanitation laws. UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR WASHINGTON, D.C. 20240 IN REPLY REFER TO: 1969 M-36768 Memorandum Assistant Secretary, Public Land Management From: Solicitor Subject: Applicability of health and sanitation laws of the State of California on Indian reservations This is in response to your request for an opinion on the questions raised in the letter of March 26, 1968, from Jan Stevens, the Deputy Attorney General of California, to the Secretary° Mr. Stevens raised the same questions directly with this office by a letter dated August 21, 1968o We are advised that representatives of the California Attorney General's Office have also discussed the subject with the Regional Solicitor, Sacramento. In his letter of March 26, 1968, Mr. Stevens requested the views of this Department on whether the health and sanitation laws and regula- tions of the State of California are applicable on Indian reservations and trust lands, and whether county health officers may enter such reservations and lands for the purpose of enforcing such laws and regulations. He directed attention to Public Law 280 (Act of August 15, 1953, 67 Stat. 589, as amended, 18 UoSoC. 1162 and 28 UoS.C. 1360)o Also germane is the Act of February 15, 1929, 45 Stat. 1185, as amended, 25 U°S.C. 231, which provides: The Secretary of the Interiog under such rules as he may prescribe, shall permit the agents an8 employees of any state to enter upon Indian tribal lands, reservations, or allotments therein (1) for the purpose of making inspection of health and educational conditions and enforcing sanitation and quarantine regulations * * *. Generally, it is the position of this Department that Public Law 280 invests the states, which were granted or have assumed jurisdiction thereunder, with civil and criminal jurisdiction over the persons and private (non-trust) property of Indians within the Indian country. state law against the person of an Indian° But such officer would be without authority to enter for the purpose of taking action which would interfere with the use or possession of trust land or other trust property. Needless to say, the state and its officers in the guise of enforcing state laws and regulations against persons cannot take actions which in fact expend themselves upon trust property or affect its use or enjoyment in any substantial way. The Secretary of the Interior has been given broad powers with respect to Indian trust property in aid of his responsibility to discharge the Nation's trust obligations, including the power to make regulations governing its use° 43 UoS.Co 1457; 25 U. SoC. 2. Section 231 of Title 25 ,p~pra, was formerly implemented by a regulation which appeared as 25 CFR 84.78 (1949 ed). It provided: Enforcement of state health laws~ State health authorities are authorized to enter upon Indian tribal lands, reservations, or allotments within the respective states for the purpose of making inspection of health conditions looking to the enforce- ment, except as hereinafter provided, of sanitation and quar- antine regulation of the particular state in like manner as such regulations are enforced in the surrounding territory° In connection with and prior to such proposed enforcement, the physician in charge of each reservation shall schedule the state sanitation and quarantine regulation which ought to be enforced upon the reservation together with a statement of any limitations and conditions which should govern the applica- tion of such state regulations. Tribal authorities and individual Indians shall be afforded ample opportunity to submit protests or recommendations with respect to specific state regulations thus proposed for extension to the reservation° It shall be the duty of the Superintendent to transmit to the Secretary of ~he Interior through the Commissioner of Indian Affairs, the schedule of state regulations thus posted~ together with any protests or criticisms made by the Indians with respect thereto. Such state regulations as are approved by the Secretary of the Interior shall thereafter be in force upon the reservation subject to such conditions as the Secretary may prescribe. No state law shall be applied within the jurisdiction of any organized tribe which is in conflict with any ordinance or resolution of the tribe. (45 Stat. 1185; 25 U. SoCo 231)o This regulation was revoked on July 1, 1955, as part of the action taken to effectuate the Act of August 5, 1954, 68 Stat. 674, which provide§ in part: 3 * * * That all functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs relating to the maintenance and operation of hospital and ~ealth facilities for Indians and the conservation of the health of Indians are hereby transferred to, and shall be administered by, the~Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health, Education and Welfare * * * This statute has never been construed as transferring any jurisdiction over trust land to the Department of Health, Education and Welfare. Such power as exists to regulate the use of such land in aid of health and sanitation remains in the Secretary of the Interior. The statute is not self executing and in the absence of implementing regulations cannot serve as a source of authority to enforce state health and sanitation laws in Indian country. 57 IoDo 162; Superior Sand and Gravel Mining COo Vo Territory of Alaska, 224 Fo2d 623 (9th Ciro 1955); Dredge Corporation Vo Penny, 362 F.2d 889 (9th Cir. 1966)o It is within the authority of the Secretary to adopt health and sanitation regulations respecting trust property. He cannon, however, provide for the enforcement of laws or regulations against trust land by the creation of liens or similar encumbering devices. Our conclusion is that Public Law 280 invests the State of California with jurisdiction to enforce its health and sanitation laws and regulations against the person of Indians in the Indian country, bat does not a~tborize the State, directly or indirectly, to enforce such laws agai~st property held in trust by the United States for the benefit of Indians. UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR WASHINGTON D.C. 202.40 7 '1g$9 M-36768 Memorandum Assistant Secretary, Public Land Management From: Solicitor Subject: Applicability of health and sanitation laws of the State of California on Indian reservations This is in response to your request for an opinion on the questions raised in the letter of March 26, 1968, from Jan Stevens, the Deputy Attorney General of California, EO the Secretary. Mr. Stevens raised the same, questions directly with this office by a letter dated August 21, 1968. We are advised that representatives of the California Attorney Generalts Office have also discuased the subject with the Regional Solicitor, Sacramento. In his letter of March 26, 1968, Mr. Stevens requested the views of this Department on whether the health and sanitation laws and regula- tions of the State of California are applicable on Indian reservations and trust lands, and whether county health officers may enter such reservations and lands for the purpose of enforcing such laws and regulations. He directed attention to Public Law 280 (Act of August 15, 1953, 67 Stat° 589, as amended, 18 U,S.C. 1162 and 28 U.S.C, 1360)o Also germane is the Act of February 15, 1929, 45 Stat. 1185, as amended, 25 U.SoC. 231, which provides: The Secretary of the Interiog under such rules as he may prescribe, shall permit the agents an~ employees of ady state to enter upon Indian tribal lands, reservations~ or allotments therein (1) for the purpose of making inspection of health and educational conditions and enforcing sanitation and quarantine regulations * * *, Generally, it is the position of this Department that Public Law 280 invests the states, which were granted or have assumed jurisdiction thereunder, with civil and criminal jurisdictio~ over the persons and private (non-trust) property of Indians within the Indian country. r oo -. state law against the person of an Indian. But such officer would be without authority to enter for the purpose of taking action which would interfere with the use or possession of trust land or other trust property. Needless to say, the state and its off~eers in the gnise of enforcing state laws and regulations against persons cannot take actions which in fact expend themselves upon trust property or affect its use or enjoyment in any substantial way. The Secretary of the Interior has been given broad powers with respect to Indian trust property in aid of his responsibility ~o discharge the Nation;s trust obligations; including the power to make regulatioJs governing its use. 43 UoS.Co 1457; 25 U.S.C. 2. Section 231 of Title 25 .supra, was formerly implemented by a regulation which appeared as 25 CFR 84.78 (1949 ed). It provided: Enforcement of state health lawso State health authorities are authorized to enter upon Indian tribal lands, reservations, or allotments within the respective states for the purpose of making inspection of health conditions looking to the enforce- ment, except as hereinafter provided, of sanitation and quar- antine regulation of the particular state in like manner as such regulations are enforced in the surrounding territory° In connection with and prior to such proposed enforcement, the physi6ian in charge of each reservation shall schedule the state sanitation and quarantine regulation which ough~ to be enforced upon the ~eservation together with a statement of any limitations a~d conditions which should govern the applica- tion of such state regulations. Tribal authorities and individual Indians shall be afforded ample opportunity to submit protests or recommendations with respect to specific state regulations thus proposed for extension to the reservation° It shall be the duty of the Superintendent to transmit to the Secretary of the Interior through the Commissioner of Indian Affairs, the schedule of state regulations thus posted, together with any protests or criticisms made by the Indians with respect thereta. Such state regulations as are approved by the Secretary of the Interior shall thereafter be in force upon the reservation subject to such conditions as the Secretary may prescribe. No state law shall be applied within the jurisdiction of any organized tribe which is in conflict with any ordinance or resolution of the tribe. (45 Stat. 1185; 25 U.S.C~ 231). This regulation was revoked on July 1, 1955, as part of the action taken to effectuate the Act of August 5, 1954, 68 Stat. 674, which provides in part: * * * That all functions, responsibilities, authorities, and duties of the Department of the Interior, the Bnreau of ~Indian Affairs relating to the maintenance and operation of hospital and health facilities for Indians and the conservation of the health of Indians are hereby transferred to, and shall be administered by, the'Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health, Education and Welfare * * * This statnte has never been construed as transferring any jurisdiction over trust land to the Department of Health, Education and Welfare. Such power as exists to regulate the use of such land in aid of health and sanitation remains in the Secretary of the Interior. The statute is not self executing and in the absence of implementing regulations cannot serve as a source of authority to enforce state health and sanitation laws in Indian country. 57 IoDo 162; Superior Sand and Gravel ~' ' ~ v. Territory of Ala.ska, 224 Fo2d 623 (gth Cir. 1955); Dredge Corporation v. ~,enny~ 362 F.2d 889 (9th Cir. 1966)~ --' ~ ' ' It is within the authority of the Secretary to adopt health and sanitation regulations respecting trust property. He canno~, however, provide for the enforcement of laws or regulations against trust land by the creation of liens or similar encumbering devices. Our conclusion is that Public Law 280 invests the State of California ~h jurisdiction ~'-'~-~'~'i~ h~alth ~id, sanitation i~--~d regulations ~g~.~.~h~.~!~9~_,,.~.Indians in the Indian country~ e State~d~rectly or indirectly, to enforce su~k..la~s a~aiJ~st prope'~'~---' GREAT,~%, ANCHORAGE AREA BC~gUGH ANCHORAGe:. ALASKA 99503 Bureau of Indian Affairs ~:TZ~-E ..... ~"-~ P.' O. ~ox 3-8000 ~' "~'~ · Juneau, Alaska Re: Daniel Roehl S1/4 of the S~, 1/4 of Section 3, TllN,. R3W, ' ~ S.M.~ ~laska . Dear ~r. Richmond. ~ ' Apr~,~,.~.~~ The Greater Anchorage Area Borough adopted, in that =rea.._m~ of redis- of 1969, the first ..... ~ '~ zoning ordinance. Since . ~ "~ oy~ This effort is time, t..~ Borough has proceeded v;ith a program trxct~ng the entire area the Borough. bexn~ diligently pursued in order to assure appropriate development~ proper protection and to reduce the possi- bi!ity of future land use conflicts. As part and parcel of the ordinance and the redistricting, the le¢is!ative body has determined that mobile home parks are-permitted . . ~ w ~ - · granted in all but one zoning dmstrmc~ by Special ~xc_p,mon · n~ Zoning Commission. after review by the Plann~-~ and · . ' ' The above captioned has a native allotment to approxi- mately 20 acres of land on the above legal descript~o~ which is located no. tn of the Rabbit Creek area, whmcn is about !0 miles south of downtm'm Anchorage. Mr. Roehl is ~ home park on his allotraent. desirous of erecting a mo At this time, this area is zoned as "Unrestricted" which allows thAs type of use only with an exception by the Planning Commission. We realize in view of 28 U.S.C.A.(B) that we have no ~*' ,~ ~l~otment. We are however, control of the use of a n~,~mv~ - - a~.~are of 25 C.F.R. 1.4 ~.~hich allows the Secretary of the ~ - ,-~ ~ to regulate the use Interior, in cer~¢n ~no~anceo, native allotment. ¥;e rescect~ull] request that this native al!otraent be placed under the health, zoning~nd other ordinances of this Borougi~ JUN ~ 1970 ~ffe would appreciate the Honorable Walter Hickel, Secretary of the expressing our desires in this matter. Your cooperation is a~preciated. this request being forwarded to Interior~ Sincerely, Borough Chazrman JMA/dk cc: Senator Mike Gravel Senator Theodore F. Stevens Congressman Howard W. Pollock '~ · ~M, St. Rte. A Ancho~ e, Alaska 99b02 Oc%obe:~ . ?, 1¢71 John M. &splund 30ROCG~ J.HAIRi~N 3500 ~udor Roa] ~.noasrage, K!aska 99502 D~a~ Borough = ma%zer has come ]~ in our bonou~h that should come to your immediate avzention. It has been called zo the attention ~f the Bo~oush Plannln~f Departmenz anff the S~nitatlon Depar~t.~ent but not much act[on or satisfaction has seen achieved. A couple years ago [ purch~sefl a couple lots in the newly formed PZI[![INGrO~i PARK SUBDI~IS£O~ southeast of Anchorage. It is 1.8 miles up Rabbi% DreeK Roa~ and left en Golden View Drive about 1~ miles. i~ is a restricted subdivision as are two neighborln~ ones. ~here hawe been several new homes built here lately with the idea that the reszrietions of the area would ~eep the nei;~hborhood from being crowded an~ downgrade~. Howe~er, immediately ~o the north of ray l~ome a rather unusual situatkon has occire~. A fellow by the name of Dan ~oehl is attempting to sons~ruc~ ~ trailor court, l;ow Mr. Roeht ts a Native and acquired h~J AO asres of land many years azo by usin~ his Aboriginal Rights rather %nan hav~ng 5o Homesseado 'fc~_r 21annin~ Department tells us that a person may nave 't~$o vrallors ~n ~ae property b.~t the third one ~onstitutes a trailor court. me~ that was told to us by your Hereby. rs (and names will be supplied aport request). But lately in tal;(ing with the Department they say that Xr. Roehl's 2ative Riguss completely se5 him aside from the normal person in land ownership and in what he wanss ~o do with 5ne properly. Your fiepartment says ~na~ Mr. '~ ~oen~ 3Ai, I do anything he wants w~th the property. Also, that he ]oe~ not h-~vc ~o comply with Borough Standards ~ar a~ ~so of trio ~roperty. Your Zoning Enforcement in any wa~, 9~s 2fl!set shunted us off ~o ~ae Sanitation 9eps. with the statement that may have~ some ~nformat[on re~?%rdlns ..... ~:r. Roehl's sewage disposal wi%;_~ so man3 trailors on th:~t r~rea of land. So far I have counted ieast six or seven individual eleetr[c outlets sitting side-by-side. ilo PHIRD trailor home is now beln~ zoved into place. ~ one big important question is this: Are these situations actually possible, where a Nat%ve may completely side-step any and all zoning or b~ildimj codes in the ~orou'n~ If so, Just what are his li~tts~ .6 As far as I'm concerned I believe In !~UAL [{IGHTS!! Now, Just what kind of equality is this? Could t!lis person really create a junk yard, trailor court, red-light area, ~hoppin[g cen~er~ ~ravel pi%, or any creation of your ].maxinatton and the Borou...~h would have no control oyez~ tazs teen what is in store for US when the Native Land Claims ~ ~ni~ be the situatlon, then I feel that more people in- Alichorage, the state of Ala~,~a~ and the entire United States be aware off th~s s~ecial fringe benefit that e~sts - ~ ~lta car%aim peop].e~ I ,feel ·that if he. does not hays to live by the laws that f~overn the community then he o.,ould not be permitted to enjoy or thrive off the very community that ae abuses. i shot~ld like to hear from YOU and not From a lower positiol] employee regarding %his matter. If [ do no~ hear from you ~y the end week, then a copy of thks letter will be forwarded 5o various people in J~._eau,' Alaska~ ,~aohzn~>ton,"' ~ · o. l).C., and to the newspaper for reader 2omment. , Please ~feel free to contact me by Also, I do not want my name ~sed tn convarstlon w£th ~.~. Roehl re,o rdl.n,~ t~l[:; matter. In tour.t, 3inc erel~ yours, ~oy T. Dalthorp telephone after 5 FoM. at 3z[4-35~8. by your depar'~men's YES~ but otherwise, ilO ! ! I UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS 3uneau A~ea OEELee ~o~ 3-8000 3u~e~u, ALaska 99801 Oune 2~, 1970 Mr. John M. Asplund Borough Chairman Greater Anchorage Area Borough 104 Northern Lights Boulevard Anchorage, Alaska 99503 Dear Mr. Asplund: In reply to your letter of June 2 regarding the application of health, z~ning and other ordinances of the Borough to a restricted Indian land allotment, we have referred this case to the Superintendent of our Anchorage Agency for his views and recom=nendations. Upon receipt of a report frcm our Superintendent, we will determine what further action may be taken on your request. Sincerely yours~ (Sgd.) Chsrlcs A Richmond Area Director cc: SupL. AnchoFa~e I