By JAMES FINK
jfink@bizjournals.com | 716-541-1611

The Seneca Nation of Indians used the backdrop of its 168-year anniversary to vent frustration about state and federal efforts to affect revenues derived from tobacco sales.

Sales of cigarettes and other tobacco items should not be taxed or their delivery - through mail-order options - limited, the Senecas said. Both face state and federal challenges.

Members of the Seneca Nation and local officials gathered at the Burchfield Art and Nature Center, off Union Road in West Seneca, to mark the anniversary of the Buffalo Creek Treaty of 1842, a document that has governed the Indian tribe for nearly two centuries. They used the occasion to criticize the state and federal challenges.

"As we commemorate this anniversary of the Treaty of Buffalo Creek, all people are reminded that a treaty is more than words. It is a sacred bond and, when you break a treaty, you break the law," said Barry Snyder Sr., president.

Cash-starved New York state, which is facing a projected $9 billion deficit this year, is considering collecting sales tax on tobacco products purchased by non-Native Americans. Such a move would violate the 1842 treaty, Snyder said.

In addition, the state Senate and Assembly are eyeing means to collect tax on all Native American cigarette sales, which he said is in direct violation of the treaty. The document clearly states that no New York state taxes apply in Seneca territory.

At least one state elected leader vowed to fight for the Senecas.

Sen. William Stachowski said he will approach Gov. David Paterson to find a compromise solution.

"I want to see the state honor the Seneca Nation's sovereign status and will work to settle differences, whatever they may be, without violating treaty rights," Stachowski said.

On the federal level, the Prevent All Cigarette Trafficking Act, signed last month by President Obama, bars the shipment of tobacco products via the U.S. Postal Service.

PACT, if enacted, could put 3,000 jobs generated locally by the Seneca Nation at risk.

On May 13, the Seneca Nation produced a full-page ad in The Buffalo News that tied in with Obama's visit to Buffalo. It also displayed a large banner near Industrial Support Inc., the company visited by the president.

Indian nations, including the Senecas, allege that PACT is being privately championed by some private-sector cigarette manufacturers as a means to limit competition from Native American sources.

"It is not fun to have to fight all the time to defend our sovereign rights, but it's what we have to do to protect our people and our future generations," said Robert Odawi Porter, Seneca Nation legal counsel.