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EvCo37-1

1/6/2022

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EvCo37 Communique:  Treaties, Peace & Reconciliation

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

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This optimism is what inspires us to action, and what we would like to explore with you here by sharing 2 important historical documents created under the leadership of the Miccosukee Chairman Buffalo Tiger of the Bird Clan.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

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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).

In 1823 and 1834 some Indians, acting without the authority of the Miccosukee Tribe, agreed to give up their lands in Florida.  However, those agreements were never carried out and the Miccosukee Tribe has remained in Florida to this day.
 
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.
 
The 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.


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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.

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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.

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Message to the River Rally

8/3/2014

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by Geovanny Perez & Houston R. Cypress,
Coordination Circle, Love The Everglades Movement

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Hello everyone.  I'd like to thank THE RIVERS COALITION, THE RIVER WARRIORS, AND C4CW for inviting me to speak today; I truly feel honored to do so.  I'm also excited to be able to connect with all of you, even if under such dire circumstances.

As for the matter that brings us here, I have found it necessary to participate in the effort to restore the Everglades because it's where my home (including my clan and Tribe) and heart resides.  In my lifetime I've seen many destructive changes to our lands, such as the disintegration of tree islands, the disappearance of game animals, the increase of pollution in water, and the erosion of the Everglades.  Because our culture is tied to the land (our ceremonies, our medicines, and many other spiritual practices), we are witnessing the gradual disappearance of our culture.   We are losing our roots.

But we know there is hope; we can certainly steer this thing in the right direction, but it will take incredible coordination and resolve to manifest our dreams.

This is where our spirituality comes in.

Personally, I don't believe spirituality to be superstition or hollow, self-promoting, self-serving, self-comforting cliches.

Instead, it is about wisdom, insight, strength, patience, trust, and compassion, and in the face of great uncertainty and potential doom, this is exactly what we need.  There are many great sages that have explored the struggles of the human condition in such a mysterious universe, peering deeply into our very being and place in the universe.  There is much to learn for the sake of our global as well as local ecosystems.

With Love the Everglades Movement, LOVE is central to our cause because we do not want to be ruled by fear or anger.  In fact, we know we cannot afford to be mindlessly distracted given what's at stake and the amount of time we have to make things right.  We know that anger and fear, especially in a crisis situation, may galvanize some, but it can also blind us, divide us, perpetuate the delusion that we are factions bent on defeating one another, and thus undermine these important efforts. 

In getting to know some of you, I've heard from you about other groups involved in this issue, and those comments have been disparaging.  We are supposed to be the SOLUTION to this problem, otherwise our divisions are poison in the water.  We do not have the luxury to bicker, but we can overcome this, in fact, we MUST overcome this.  As someone with an outside perspective, this entrenched rift is off-putting, but it is also all too familiar, so I sympathize with you even as I am critical (our Tribe has been witness to entrenched bickering slowing the Everglades restoration effort to a glacial pace).

So how are we to overcome this bickering? -- this factionalism?  Love & Respect is a good place to start.  We have youngsters here among us and we must set a good example for them.  Let's show them how to have a civil and civilized dialogue with one another.

Let's also continue to have forums for discussion, so we can increase understanding of our concerns and priorities and proposals for action.

Let's also ask for help from our friends, people such as you.

And let's not be afraid to disagree.  Let's welcome disagreements and critiques as opportunities to learn where our proposals can be strengthened and improved.

Let me offer an example of constructive critique within a context of civilized discussion.  Plan 6 and the Southern Flow way -- a very important proposal with definite room for improvement.  The Holey lands are an area designated as O.F.W. -- Outstanding Federal Waters.  From what I've read on Plan 6, there is not enough discussion or information about this important area:  the Holey Lands, an area with very stringent regulations.  Plan 6 would bring MORE WATER at a REDUCED QUALITY than is currently allowed and protected for.  So the question that Plan 6 must answer to move forward with broader support is:  How do you propose to degrade Outstanding Federal Waters with water from Lake Okeechobee?

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I also have a request for my friends:  I need your help to address the L-28 Interceptor Canal.  The failure of CEPP to move forward was very disappointing to all of us.  But CEPP didn't do enough because it failed to address the L-28 Interceptor Canal.  CEPP was concerned with bringing New Water into the system, but the L-28 Interceptor Canal is currently bringing 40% of the waters coming into the area, and it's bringing water in with a disgustingly high concentration of Phosphorus.  By the time the waters pass through the Water Conservation Area 3A, the waters have been naturally filtered out and nearly meet the desired goal of 10 PPB of Phosphorus.  So what this means is that Miccosukee territory becomes a De Facto Stormwater Treatment Area (STA) and that is not right.  So I'm asking for your help to raise awareness and push for action regarding the on-going problem of the L-28 Interceptor Canal.

As for the factionalism within our environmental movements, well those of us from Love The Everglades Movement pledge to work from a place of Love & Respect with each and everyone of you.  WE WILL NOT TAKE SIDES.  We will continue to express our Love and Respect for these waters.

We continue to pray for the purity of the waters flowing from the Kissimmee River Valley, through Lake Okeechobee, over the River of Grass, and out beyond Florida Bay.

We continue to pray that compassion flourishes in the hearts and minds of the decision-makers and stakeholders involved with Everglades Restoration.

We continue to pray for the growth of the community concerned with Everglades Matters -- because the Everglades matters.

And we will continue to stand with you in prayer for the integrity and vitality of the Circle of Life.

These are the challenges we are called to meet -- with hope, grace, and diplomacy.
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