A bill in Washington that has already passed both the House and Senate would make it illegal to sell cigarettes through the mail. If it receives President Obama's signature, the Pact Act could be bad news for the Seneca Nation, whose mail order cigarette business is one of their most profitable. Our Anne Lithiluxa has the story.

NEW YORK STATE – The business of selling tobacco products could be impacted by Thursday's Senate approval of the Pact Act. It received bi-partisan support from senators like Kirsten Gillibrand. She says it protects children.

"It's very important we do everything we can to make sure children don't smoke. Children's smoking is an unacceptable statistic that we need to fight against. What we found is that children are getting access to cigarettes by ordering them from over the internet," said J.C. Seneca, Seneca Nation Tribal Councilor.

Seneca calls the Pact Act the latest encroachment on Native American sovereignty. He knows the Senate approval means the mail ordered ban would also crush out some of his nation's tobacco business. He says it would also wipe out more than 1,000 Western New York jobs.

"We continue to fight and move forward and look to provide the leadership for our people to sustain and succeed on our issues of concern," said Seneca.

Senator Gillibrand says she knows that many Western New Yorkers may lose their jobs.

"We're going to do everything we can to help the Seneca's continue to be such a vital part of economic growth of this community," Gillibrand said.

Seneca believes Gillibrand and Senator Charles Schumer both brought into the lobbying efforts of big tobacco companies, like Phillip Morris.

"And it's unfortunate the representatives of New York have fallen into that mix where they're controlled by big tobacco," Seneca said.

The American Cancer Society celebrated the Senate's decision. It wants the bill to stop the sales tax breaks for mail order tobacco purchases.

"Probably 100,000 New Yorkers will in fact decide to quit," said Gretchen Leffler of the Western New York American Cancer Society.

But the fight from the Senecas is far from over.

Seneca owns a smoke shop. He leads the nation's Foreign Relations Committee. The Senecas will reach out to long time advocate Brian Higgins next to stop the bill's momentum before it returns for final vote in the house. If that doesn't work, the Seneca's plan to move their protest to the White House.

"We'll find the way to weather the storm and in the end, as our ancestors have done, we will come out on top," Seneca said. "We will find a way to maintain what we have. Protect what we have.