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Page One

Senecas upset over PACT Act passage by Senate

By SHARON TURANO, Special to the OBSERVER
POSTED: March 13, 2010

Although Seneca Nation of Indians' officials think action taken Thursday by the U.S. Senate could cost the area 1,000 jobs, others are praising the action, which will next go to the House of Representatives for a vote.

The measure, the Prevent All Cigarette Trafficking Act, would prohibit tobacco products produced and sold by Native American businesses to be mailed through the U.S. Postal Service. Although the bill was previously passed by the House of Representatives, minor changes made by the Senate will result in the bill's return to the House for another vote.

"The PACT Act will deal a destructive blow to the private sector economy at the Seneca Nation and have negative repercussive effects on all of Western New York," said Richard Nephew, chairman of the nation's governing body, the Seneca Nation Tribal Council and co-chairman of their Foreign Relations Committee.

"Cigarettes should not be sold in the mail or anywhere else to children or minors," said U.S. Sen. Charles Schumer.

"We greatly appreciate and have supported the role of the Seneca in economic development in Western New York, and will continue to work with them," he said, adding, that work will include discussions for preventing cigarettes from "ending up in the hands of minors."

"The passage of the PACT Act should draw outrage and opposition from every corner of Indian Country. This is not so much about tobacco consumption as it is about who profits from it. Aside from tobacco, all Indian nations should be concerned about the federal government's attempt to confer further jurisdictional power to states over Indian Territories; this invites much trouble," he said.

J.C.Seneca, councilor and co-chairman of the Seneca Nation Foreign Relations Committee suggests the action is part of a broader effort to diminish Native economic gains.

"The ultimate effect of this legislation makes it clear that termination era policies to eradicate Indians and treaty rights in New York and across this country are alive and well," said Seneca. He said the act "turns the clock back" on Indians to lead them to dependency.

"We will take every measure to defend and protect our treaties; those that our ancestors secured and protected for us so that we will continue to enjoy those rights today and in the future," he said.

Seneca noted that the implications of the PACT Act extend beyond New York state and have the potential to thwart Native sovereignty and the Nation-to-Nation relationships that have long been established. Seneca further called upon the Obama administration to uphold its commitments to Indian Country and said the Nation is launching a new voter outreach campaign to raise awareness about voting records of incumbents and their votes' implications to the Western New York economy.

 
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Member Comments
View Comments: | 1-7 | Post a comment
rosebud
03-13-10 5:36 PM
There are a few rich Indians there. Don't let them kid you, most of the money they make on Cigs. goes into a very few pockets... I pay taxes, let them do the same. Next, we will have to pay the blacks because they were slaves. Not my fault !!!!!

Watchful
03-13-10 4:41 PM
We have never given the Indians a fair shake . We herded them on the reservations and now we still want to control them . If they could get their day in court with an opened minded judge(s) then they could settle this dispute once and for all .

PhilJulian
03-13-10 1:57 PM
Get out the tires - it's time to roast some marshmallows!

bob1957
03-13-10 12:47 PM
One the soverign land of The senca poeple US and NYS Gove't. have no authority unless invited by the duly elected govenrment of The Soverignity is a mith, Guess who the Seneca's call when a Child Protection matter occurs. The most valuable resource of anyone, a child when a chld protection matter happens they call Erie County DSS CPS. Red Men build sons White Men build cities. Yeah right, when a serious criminal matter ocuurs do they call the Marshalls not they call EC Sheriff. Soverign right. Its a mith, when they need us they call. When they don't we are the enemy. Yeah right. Smoke screen from the Senecas.

LitlDaddy1951@yahoo.com
03-13-10 9:26 AM
Native rights as proclaimed in the Treaties, made them sovereign. What right does any governement have to try to change that..Tire time I can see..shades of a few years ago..only worse this time.

SJMinTX
03-13-10 7:57 AM
Sec. 4 (c)(1) of the PACT ACT as listed at thomas dot gov has some verbiage specifically acknowledging the sovereign immunity of governments and Indian tribes. This would include their ability to levy taxes and duties on goods.

We all know it's REALLY about taxes and not protecting minors. So, if NYS wants a tax war, what the Indian nations need to do is start levying taxes and duties of their own to make up for the lost revenue.

Or, looking at the PACT ACT, which has words specifically exempting the states of Alaska and Hawaii from its reach, they could challenge the whole thing on Constitutional grounds.

olderguy123
03-13-10 7:28 AM
I agree minors shouldnt smoke but how many minors buy cigarettes over the internet,,,,,very few i would say. Its all about the money NYS is losing. The more taxes NYS gets the more they waste.

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