Pact Reached to Regulate Dumps on Indian Lands

Breaking a long and bitter impasse, Indian leaders and environmentalists on Tuesday struck a delicate compromise that would give tribes a way to adopt state regulations for landfills and toxic dumps built on their sovereign lands.

The compromise comes after weeks of intense behind-the-scenes negotiations over the fate of a bill by Assemblyman Steve Peace (D-Rancho San Diego), who has been trying to force Indians around California to follow state environmental guidelines.

Peace’s original measure gave the state authority to regulate the controversial waste projects, which would otherwise fall under looser federal standards. Indian representatives reacted angrily, saying they would have the bill--if signed into law--thrown out in court because it trampled on their sovereignty, which is subject only to federal law.

Tuesday’s compromise was aimed at averting such a messy court fight. The amended bill provides a framework for the tribes to sign “cooperative agreements” adopting state standards for any waste projects.

If a tribe fails to uphold those standards, the state can sue for breach of contract, the bill says. The state also can sue any tribe that fails to sign such an agreement.

A legislative conference committee approved the amendments Tuesday, and all sides expect the bill to be forwarded to Gov. Pete Wilson for his signature.

While they are not completely happy with Tuesday’s compromise, environmentalists said the bill had become a “major priority” for them this legislative session.

“Making sure that hazardous waste and solid waste facilities are properly regulated on Native American lands is absolutely essential,” said Corey Brown, general counsel for the Planning & Conservation League. “The Indian sovereignty issue opens up a potential gaping hole in the state’s regulatory authority.”

Such were Peace’s concerns when he introduced his bill last year, claiming that East Coast “sleaze merchants” and “renegade” waste firms were using the Indians to avoid California’s tough environmental standards.

Peace became involved in the issue after the Campo tribe in southeast San Diego County signed an agreement with Mid-American Waste Systems Inc. of Ohio to build a 600-acre landfill, recycling center and compost heap near the Mexican border.

Peace’s bill was approved by the Legislature over strong Indian opposition but vetoed by former Gov. George Deukmejian in October. He reintroduced the bill this session but agreed to consider amendments several weeks ago at the request of Wilson Administration officials.

That development touched off negotiations involving Peace, environmentalists and Campo representatives and other Indian officials on how to recast the bill. The result was Tuesday’s compromise, which was reached at 4 a.m. after an all-night negotiation session.

“If you had asked me 48 hours ago if we thought we would get to this point, I would have said no,” Peace said.

He said a turning point in the talks came when the Indians agreed to insert language in his bill giving neighboring ranchers and residents the right to sue the state if it fails to make sure the Indians are following the cooperative agreement.