March, 2024

EvCo37 Communique: Treaties, Peace & Reconciliation

By Rev. Houston R. Cypress, Otter Clan Board of Directors
Love The Everglades Movement

econciliation work is an integral aspect of Greater Everglades Restoration because of the necessity to integrate indigenous knowledges into the overall process. These knowledges include their traditional ecological knowledge, their arts, as well as their scientific work.

Even with the continued lack of awareness by the general public of the full history of indigenous community interactions with the USA and the State of Florida, communities like the Miccosukee Tribe of Indians of Florida are still very optimistic about the potential to build coalitions focused on environmental conservation.

This optimism is exemplified by the ongoing educational outreach of various Miccosukee community members, such as people like Miccosukee Grandmother Betty L. Osceola of the Panther Clan, and Miccosukee Elder Michael Frank of the Otter Clan. This optimism is founded on the joy which is sustained by the community’s spiritual beliefs.

This optimism is what inspires us to action, and what we would like to explore with you here by sharing 2 important historical documents created under the leadership of the Miccosukee Chairman Buffalo Tiger of the Bird Clan.

On July 17, 1983, the Honorable Buffalo Tiger formally announced a Celebration of Peace. The Miccosukee Tribe of Indians of Florida had recently settled Land Claims concerning their interests in a homeland for their people. These Miccosukee land claims go back nearly 400 years and are recorded in numerous treaties between their people and the European powers of Spain, Great Britain, and eventually the United States of America.

Around the time of this Land Claims Settlement, the Miccosukee Tribe also initiated an environmental study of the lands over which they were now guaranteed, and thus began their twice-yearly Everglades Study, which eventually led to the Miccosukee Tribe setting the standard for Everglades Restoration. This water quality standard is one of the foundational goals of Everglades Restoration, which is the target of reducing phosphorus levels to 10 parts per billion in the River of Grass section of the Greater Everglades.

First we’ll look at the TREATY RELATIONS OF THE MICCOSUKEE TRIBE, and then we’ll look at the CELEBRATION OF PEACE declaration by Hon. Buffalo Tiger. Both of these documents were created in 1983.

Treaty Relations of the Miccosukee Tribe

The Miccosukee Indians have lived within the present State of Florida from time immemorial. In the late 18th Century their principal settlements were near the present town of Tallahassee and Lake Miccosukee.

When the British acquired Florida from Spain in 1763, they quickly entered into treaty relations with the Tribes of Florida. In 1765, they concluded a treaty with the Florida Indian Tribes, including the Miccosukees, at Picolata, which recognized tribal governments and land rights.

In 1767 the Miccosukee, represented by Tonaby, the leader of the Miccosukee settlement near Tallahassee, and a delegation of twenty-three, attended a second conference at Picolata with British representatives.

In 1781 at the end of the American Revolution, Great Britain transferred its claim to Florida back to Spain. Creek leader, Alexander McGillivray, acting for the Upper Creeks, the Lower Creeks, the Seminoles and the Miccosukees, negotiated a treaty with the Spanish at Pensacola on June 1, 1784.

The 1784 treaty established a defensive alliance between the Indians and Spain. Spain agreed to establish trade with the Indians and to protect and guarantee tribal lands against encroachment insofar as the lands lay south of the boundary claimed by Spain.

On July 6, 1792, McGillivray negotiated a second treaty with Spain at New Orleans, in which Spain guaranteed all tribal lands as they were recognized in the treaty of 1784. On October 28, 1793 in the Treaty of Nogales with delegates from Indian tribes in the Southeast, Spain again guaranteed the boundaries of all participating tribes against encroachment.

In 1802, the Miccosukees and the Spanish reaffirmed their friendship in a treaty concluded on August 20 at Ft. St. Marks. The treaty provided for new guarantees of tribal lands as recognized in the earlier treaties and renewed trading relations between the Spanish and the Miccosukee Tribe. This treaty was signed by Capetza Miko Kinache for 259 Miccosukees, as well as by other Indian Tribal leaders in Florida, including Micho Penny for the Seminoles.

In 1819 Spain transferred its claim to Florida to the United States. By that year the right of the Miccosukee Tribe to the legal protection of its land rights and to govern itself within a defined territory had been well-established in the Tribe’s dealings with Great Britain and Spain. The basic principles of respect for tribal property rights and inherent tribal sovereignty were incorporated into American law in such decisions as Worcester v. Georgia, 6 Pet. (U.S.) 515 (1832) and Mitchel v. United States, 9 Pet. (U.S.) 711 (1835).

For the past twenty years the Tribe has negotiated with the United States and the State of Florida for recognition of its right to a portion of ancestral lands in Florida

On December 31, 1982, President Ronald Reagan signed the Florida Indian Land Claims Settlement Act (Public Law 97-399) which restored to the Tribe 188,000 acres of its traditional homeland. These lands lie between U.S. 41 and Alligator Alley in western Dade and Broward Counties.

he Settlement Act was the result of a new “treaty” which was approved by the Miccosukee General Council and signed on April 11, 1982 by the Governor of Florida and his six member Cabinet, the Chairman of the Florida Game and Fresh Water Commission, the Chairman of the Governing Board of the South Florida Water Management Commission, the Executive Director of the Florida Department of Natural Resources and the Secretary of the Florida Department of Transportation.

In addition, recognition of Tribal land rights were approved by the U.S. District Judge for the Southern District of Florida and by the Senate and House of Representatives of the Congress of the United States prior to formal approval by President Reagan.

Today, we celebrate this peaceful settlement between the Miccosukees and the United States under which the Tribe’s right to live and hunt and exercise its religion within these Tribal Lands is guaranteed for all time to come.

Celebration of Peace

Our Celebration of Peace is intended to remind our own people, especially our young people, of the rights and heritage of the Miccosukee Tribe. We have at long last reached our agreement with the State of Florida and the United States on our ownership of our Everglades homeland. At this turning point in our history we want all to understand that this recognition of our land rights is the fulfillment of pledges made many years ago by Spain, Great Britain and the United States. This ceremony on July 17, 1983 celebrates the restoration of our ancient rights to the lands and waters of the Everglades.

[Signature]
Buffalo Tiger
Tribal Chairman
July 17, 1983

Houston's Comments

As you can see, the Miccosukee Tribe’s interest in caring for these lands and waters goes back a long time.

These days, the US Environmental Protection Agency is currently advancing a misinformed and clumsy position regarding the status of “Indian Land” and “Indian Country” that diminishes the Sovereignty of the Miccosukee Tribe of Indians of Florida.

This untenable situation is currently worsened with the recent transfer of permitting authority — outlined in Section 404 of the Clean Water Act — to the State of Florida. This means that the Miccosukee Tribe’s Government-to-Government relationship is weakened to that of a conversation with the State of Florida.

I hope that this historical review helps the public to better understand why our organization supports finding a solution to these problems.

This is why I feel like the message of Reconciliation needs to be amplified when talking about Everglades Restoration. This is how we make Land Acknowledgements actionable. This is how we can honor our promises as Americans to our Indigenous Hosts. This is about healing our relationships with one another as people, and ultimately, our relationships with a healthy and thriving ecology.

When we can support the Miccosukee Tribe of Indians of Florida secure their rights, we will be able to see their environmental conservation efforts flourish even more. Everyone benefits from clean water, and that is what the work of the Miccosukee Environmental Protection Agency is all about. A healthy Everglades benefits everyone. When it comes to the environment, Indigenous Rights Are Everyone’s Rights.

The EvCo37 Communique series expands on the messages shared by the author at the 37th Annual Everglades Coalition Conference held at Hawks Cay Resort on Duck Key in the Florida Keys, on 6-7 January 2022.

Jared Jacobs

Jared Jacobs grew up in the diverse wetlands of the Midwest where the diversity of life around him painted a clear picture into his future.  After beginning his education within the environmental sciences, it did not take him long to find a handheld home video camera to help him shed light and share the expansive diversity of Ohio wetlands to his classmates.  His passion for water only grew in College where he became extremely involved with his colleagues and instructors researching, filming, increasing political and physical advocacy for the watersheds of Lake Erie.  Receiving professional training from WBGU-PBS made landing his first independent video journalism project with the Great Lakes Water Keepers Alliance possible.  He was well on his way to becoming a career advocate. Jared is now working in the heart of Miami building his skills as a storyteller and organizer within the Paradise Key Community helping solve climate issues alongside the city’s most progressive team of creatives, BeeFree Media.  As a team Jared is part of Miami’s ascent into a more connected and sustainable South Florida Community.

Flash

Flash is a community organizer, art director, event manager, street promoter, poet and networking conduit. As an activist for progressive causes for over 25 years, Flash has demonstrated some unique talents to balance the dynamics of production, movement philosophy, team management and social outreach. Utilizing Art Activism as a platform for connecting social issues with artistic reflection. Flash produces events that instill solidarity with others through art, music, performance, education and creative interaction. The essence of Art Activism allows individuals to express themselves in a conscious format that transcends traditional boundaries to relate with others. This decentralization of expression shifts the power from the podium and reaches the vitality of the populace.

Jean Saemiento

A born artist, Jean has been drawing since his earliest memories allow him to recall.  Working mainly in the arena of oil paint, Jean has expanded into other mediums such as acrylic, spray, digital illustration, Animation, 3D modeling, even crafts and techniques utilizing a combination of those mediums.  Jean’s work has turned to the realm of what he’s calling “Activation Art” with an emphasis on sound and color therapy. These skills have brought him into the film production industry where he does everything from direct, produce, film, interview and assist.  Jean’s stories revolve around History, Culture and Environment here in South Florida.  With several successful productions under his belt and more in the works, Jean continues gathering experience in this field.

Dudley Alexis

Dudley Alexis is a graphic designer, artist, and filmmaker based in Miami, Florida. With a background as a former advertising executive, Dudley brings extensive experience in branding, web design, social media marketing, and market campaign development to his creative work. His diverse skill set allows him to craft compelling visual narratives and effective marketing strategies that engage and inspire audiences.

Robin Haines Merrill

Robin Haines Merrill is an Artist-Missionary with 30 years of experience in the areas of faith-based and environmental stewardship, outreach and economic development. She serves as the Founder and Executive Director of the Christian Cultural Development Foundation (CCDF), a non-profit organization providing creative alternatives to people in prostitution, street children, HIV-AIDS patients, and human trafficking victims from around the world. CCDF has two non-profit businesses for its economic development projects: Mission Gifts, a Fair Trade retail store, and the Upper Room Art Gallery. Under her direction the gallery and gift shop have received several honors and awards including the Miami Knight Arts Challenge 2013, Gold Coast Magazine “Best of South Florida 2012”, the 2010 EDITORS CHOICE Award from South Florida Parenting Magazine, “Most Unique Gallery” from Kids Crown Awards, and “Best Art Gallery in Downtown Fort Lauderdale 2008” from GORiverwalk Magazine of the Riverwalk Trust.

Lady

Experienced Grants Administrator with a demonstrated history of working in the performing arts industry. Skilled in Event Management, Mac, Art Direction, Management, and Adobe Photoshop. Strong community and social services professional with a Bachelor of Fine Arts (BFA) focused in Photography from San Francisco Art Institute.

Aiyesha Ghani

Aiyesha is a multidisciplinary Remote Sensing and Geospatial graduate student and professional with a unique blend of traditional and non-traditional expertise. Passionate about the intersections of technology and humanity in emerging climate contexts, Aiyesha focuses on humane UX/UI, machine learning, and AI applications for Big Data in Coastal, Island Archipelagic, and Transoceanic Geospatial Research. With a strong interest in cultural resilience and environmental adaptation, her work leverages advanced tools like Google Earth Engine, Python, R, ArcPro, and QGIS/Orpheus. She is also FAA Part 107 certified as a Remote Pilot-In-Command.

Rev. Houston R. Cypress

Houston R. Cypress grew up in the swamps of the Florida Everglades, blazing trails through the bush. The endangered beauty of the natural environment made such an impression on him during his childhood – being a refuge for his ancestors and the source of traditional plant medicines – that he grew to find ways to articulate strategies for preserving this World Heritage Site.Art, conflict management, facilitation, multimedia communications, gender diversity and spirituality are some of the disciplines and priorities that he contributes through his collaborations with the following organizations):