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| Cigarette Sales Measure Now in Obama's Hands |
| Source from:Olean Times Herald 03/16/2010 |
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President Barack Obama could determine the future of the Seneca Nation of Indians' economy.
Late Thursday night the U.S. Senate unanimously passed the Prevention of All Cigarette Trafficking Act. Through the legislation the U.S. Postal Service will no longer ship cigarettes in the mail.
All that's needed for the act to become law is President Obama's signature.
Outraged by the Senate's approval of the legislation, Seneca Nation President Barry Snyder said more than 1,000 local jobs tied to Native mail-order cigarette sales will be lost.
"What we're witnessing is an effort by Philip Morris and other global tobacco companies to wipe out competition any way they can," President Snyder said. "In this case, at the expense of our economy and our federal treaty rights,"
Enforcement of the legislation could also result in up to a 65 percent loss in the Seneca Nation's import/export revenue. The lost funds would severely reduce the Nation's financing of its own social welfare programs.
Nation officials estimate 70 percent of the tobacco products from its $330 million tobacco sales sector are shipped through the postal service. Currently independent courier services, like UPS or FedEx, voluntarily do not ship cigarettes.
"The ultimate effect of this legislation will turn the clock back on the Indians, return us to the want, squalor and dependency of the past," J.C. Seneca, a tribal councilor and co-chairman of the Seneca Nation's Foreign Relations Committee, said. "The small measure of self-sufficiency we have achieved to care for ourselves and our people, to provide health and education programs and essential services will drastically diminish."
The pending legislation will also strengthen the requirements of tobacco merchants in reporting cigarette sales. Penalties for falsely reporting cigarette transactions are also poised to become more stringent.
However, the Seneca Nation has already implemented its own set of strict regulations for cigarette sales.
Since 2007, the Nation put into effect stamping and enforcement mechanisms, ensuring compliance with its set of internal regulations - including retailer authorization, minimum pricing and a ban on sale to minors.
Development of the internal regulations was assisted by the Federal Bureau of Alcohol, Tobacco and Firearms Enforcement.
In recent months, the Seneca Nation has worked to prevent the passage of the legislation.
On Jan. 5, the Nation purchased space on two electronic billboards outside of Buffalo imploring New York senators Charles Schumer and Kirsten Gillibrand, both Democrats, to vote against the act. The messages displayed on the billboards also asked Western New Yorkers to urge the senators to oppose the legislation.
Despite the Nation's efforts to reach out to the senators, Mr. Seneca said both made no move to hold discussions on the legislation.
"They did not want to listen," Mr. Seneca said. "They should be ashamed of what they have done to disregard Indian sovereignty."
While the legislation sits on President Obama's desk awaiting his decision, tribal leaders will step up efforts to fight the pending legislation.
Mr. Seneca said the Nation plans to contact the White House to request that President Obama follow through on his policy of consulting Indian tribes about legislation directly affecting them.
"That policy was not followed at all," Mr. Seneca told the Times Herald. "We were never afforded the opportunity to be heard, and we were asking the Indian Affairs Committee to hold those kinds of discussions."
Seneca officials are also looking to the upcoming congressional elections in November as an avenue for federal support in defeating the legislation.
"We have over 6,300 employees working for the Nation - and not all of them are Native," he said. "We're going to be looking at (congressional) candidates and finding out which ones recognize Seneca Nation and our economic viability in this region.
"We are then going to support them and let our workers know what candidates are friends to the Seneca Nation."
Looking past the upcoming elections, the Seneca Nation will maintain its resolve to make the legislation void.
"Fighting big government and federal indifference is in our DNA; we do it because our parents, grandparents and great grandparents did it and we have no choice," Mr. Seneca said. "Don't count us out yet; we're still in this, we'll take it to the next level and we'll go the last round." Enditem
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