Source: San Jose Mercury News (CA) Author: Pam Belluck, New York Times Contact: Pubdate: Thu, 19 Mar 1998 TRIBE PUTS HOPES IN TOBACCO Rejecting Health Worries, Nebraska Indians See Cigarettes As Their Path To Prosperity MACY, Neb. -- The thrumming green machines in the new factory here are the hope of the Omaha Indian tribe. Early sales are encouraging, and soon the tribe will be tripling production. ``Our dream,'' said Jerry Montour, the factory's consultant, ``is to have like 100 people working here at one time.'' And who would quarrel with that? As it turns out, many might. The Omaha tribe is manufacturing cigarettes. Even if the factory were not in a building that previously housed the tribe's health club and wellness center, the debut of the Omaha Nation Tobacco Co. might seem a little misguided. After all, big cigarette companies are under fierce fire from states and the federal government, with proposed legislation and lawsuit settlements designed to force them to restrict cigarette advertising, jack up prices and pay penalties to cover the costs of smoking-related afflictions like lung cancer and heart disease. Widespread use of tobacco And those afflictions hit Indians particularly hard. Cancer and heart-disease rates are rising faster among American Indians than the general population, smoking is much more common than in other groups and Indians start smoking at a younger age. Several tribes have even filed lawsuits in tribal courts against companies like Philip Morris, seeking direct compensation for illnesses related to tobacco, instead of relying on money that states expect to receive. The Omaha are thinking of filing such a suit as well, said the tribe's Washington lawyer, Robert Rosette. ``Smoking is much more severe on Indian reservations and has a much harsher impact,'' Rosette said. ``As a sovereign government, we have just as much right to recoup from the big tobacco companies.'' Still, Rosette argued, ``You can't mix that in with our manufacturing cigarettes, because we're a legal business.'' He added: ``We have a great product -- and we need avenues to get it out in the market.'' If the logic seems cloudy, it is largely a reflection of the circumstances many Indian tribes are grappling with these days. Facing high unemployment, poverty and dwindling federal grants, reservations, especially in remote areas, are struggling to create jobs. They have only a few economic advantages over non-Indian communities, including the right to operate casinos, and to be exempt from state taxes on gasoline and cigarettes sold on Indian land. First tribe with a cigarette firm The Omaha, whose reservation spills from northeastern Nebraska over the Missouri River into Iowa, is the first tribe to start a cigarette company. But it will soon be joined by another, the Confederate Tribes of the Chehalis Reservation, near Seattle, which is investing enough to add two assembly lines to the one in the Omaha factory and is setting up a cigarette plant on its own reservation. Montour said another joint venture is being negotiated with an East Coast tribe. ``People aren't going to stop smoking,'' said Gary Lasley, Omaha tribal chairman, puffing on an Omaha Full-Flavor cigarette. ``They're addicted now. When you're out here in the middle of nowhere, what else are you going to do for jobs?'' Omaha leaders even traveled to Washington recently to testify before the Senate Indian Affairs Committee, hoping to influence federal legislation to exempt tribal manufacturers from some penalties and proscriptions on big tobacco companies. They want out of advertising restrictions like a proposed ban on cartoon characters (Omaha cigarette packs feature an Indian's face) and absolution from payments for illnesses before Omaha's company existed. While these special pleadings are unlikely to be endorsed by the Indian Affairs Committee, it is likely to recommend that tribes be able to excuse themselves from price increases or marketing bans that state governments layer on top of whatever federal restrictions are approved. Historical use of tobacco That means tribal cigarettes could continue their edge not only on Indian land, but even off reservations in some states. To Indian leaders this is only fair, given tribes' historical and ceremonial use of tobacco. ``We understand there's a lot of negativity about the tobacco industry right now, but we're not the ones who misrepresented and did all the marketing to teenagers,'' Montour said. ``Native Americans have been involved in tobacco for hundreds of years. It's only when these new settlers came in that they were starting to do all this misrepresentation.'' Roped by fields yellow-gray with corn stubble on a recent winter day, the Omaha reservation is home to about 3,400 of the tribe's 6,000 members and has 60 percent unemployment, Lasley said. About a quarter of those on the reservation are on welfare or receive food stamps. Six years ago, the tribe opened Casino Omaha on its Iowa property, but attendance and profits have been gutted by competing riverboat casinos. Since September, when the tribe began selling its cigarettes, made from tobacco imported from North Carolina, results have been promising, tribal leaders say. So far, the factory has orders for half the 50,000 cartons it makes a month, mostly from 26 tribes around the country. Heart disease, cancer deaths Nationally, more than 36 percent of Indians smoke. But even though heart disease and cancer are the leading causes of Indian deaths, Omaha officials say these afflictions are not their first health priority. ``The life expectancy isn't high enough for there to be a lot of cancer,'' said Greg Phillips, the tribe's vice chairman, who said the average tribe member dies at 57. More obvious threats, he said, were alcoholism and diabetes. ``Are they going to object when we try to manufacture Twinkies?'' he said. Dr. Nathaniel Cobb, director of cancer prevention and control for the Indian Health Service, has heard this before. ``When someone dies of lung cancer, they're usually in their 60s or older and they usually die pretty quickly, and it's sad, but it's not devastating to the community, compared to alcoholism or suicide,'' Cobb said. ``There's a little disconnect there.''