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Usual and Customary Use and Occupancy Miccosukee And 0- /~/ Usual and Customary Use and Occupancy by the Miccosukee and Seminole Indians •m ~ig Cypress National Preserve, Florida ]ames A. Goss, Ph.D. 1995 USUAL AND CUSTOMARY USE AND OCCUPANCY BY THE MICCOSUKEE AND SEMINOLE INDIANS IN BIG CYPRESS NATIONAL PRESERVE, FLORIDA By James A. Goss, PhD Department of Sociology, Anthropology, and Social Work Texas Tech University Lubbock,. Texas A Project Supported by the Southeast Region National Park Service Atlanta, Georgia Under Subagreement No. CA-5000-2-9025/2 of Cooperative Agreement CA-5000-2-9016 Between NATIONAL PARK SERVICE and TEXAS TECH UNIVERSITY June 1, 1995 TABLE OF CONTENTS Page 1. INTRODUCTION • • • • • • • • • • • • • • • • • • • . 4 1. 1. BIG CYPRESS NATIONAL PRESERVE ESTABLISHED • . • • • • 4 1.2. HISTORY OF THIS PROJECT 7 1.3. SCOPE AND USES OF THIS REPORT 16 2. THE PEOPLE TODAY: THE NATURE OF THE .. MICCOSUKEE .. AND .. SEMINOLE .. COMMUNITIES 20 2.1. THE POPULATION 21 2.2. LANGUAGE AND ETHNICITY 26 2.3. TRIBES, RESERVATIONS AND RESIDENCE 31 2.4. THE TRADITIONAL SEMINOLE NATION OF FLORIDA AND THE .. INDEPENDENTS .... 38 2.5. THE CORN DANCE GROUPS 40 2.6. CLAN ORGANIZATION • • 42 2. 7. CONTEMPORARY DECISION MAKING, SHARED AUTHORITY, CONSENSUS PROCESS •••• 45 3. THE BIG CYPRESS: ENVIRONMENTAL SUMMARY . 48 4. HUMAN ADAPTATIONS TO THE BIG CYPRESS BEFORE MICCOSUKEE AND SEMINOLE ENTRY • • . • • • • 54 4 .1. THE GLADES CULTURE • 55 4.2. DEMISE OF THE GLADES CULTURE 59 5. THE UNCONQUERED: A SUMMAKY CULTURE HISTORY OF THE FLORIDA MICCOSUKEE AND SEMINOLE PEOPLES AND THEIR RELATION TO THEIR LANDS . • • 66 6. TRADITIONAL USE AND OCCUPANCY OF THE BIG CYPRESS 1874-1974 • • • • • • 84 7. BASELINE USE AND OCCUPANCY 1974 115 8. ANNOTATED BIBLIOGRAPHY • • 134 2 9. ILLUSTRATIONS AND MAPS • • • • • 153 Map l. Topographic-ecologic Region Map of South Florida • • • • • • • • • • • • • • • • 154 Map 2. South Florida Region Map • • • 155 Map 3. Big Cypress National Preserve Location Map • • • • • • • • • 156 Map 4. The Miccosukee and Seminole Reservations of Florida • • • • • • • • 157 Map 5. The Moultrie creek Treaty Reservation • 158 Map 6. The McComb - worth Agreement Territory • 159 Map 7. The Miccosukee and seminole Settlements in 1880 •••••••••• 160 Map 8. The Miccosukee and seminole Settlements in Big Cypress Swamp in 1930 (Nash's Map) • 161 Map 9. The Miccosukee and Seminole Settlements in Big Cypress swamp in 1930 (Nash Revised) 162 Map 10. The Miccosukee and Seminole Settlements in Big cypress Swamp in 1940 •••••• 163 Map 11. 1974 (and Present) Miccosukee and Seminole Villages in Big Cypress National Preserve • 164 APPENDIXES • • • • • 165 APPENDIX 1. CRITICAL TREATIES AND LEGISLATION •• 166 APPENDIX 1.A. THE MOULTRIE CREEK TREATY (1823) • 167 APPENDIX 1. B. THE INDIAN REMOVAL ACT (1830) 173 APPENDIX 1.C. THE TREATY AT PAYNE'S LANDING (1832) 175 APPENDIX 1. D. THE FORT GIBSON TREATY (1833) •• 178 APPENDIX 1. E. THE WORTH AGREEMENT (1842) •••• 180 APPENDIX 1. F. THE "SWAMP ACT" (1850) •••••• 182 APPENDIX l.G. THE BUCKSKIN DECLARATION (1954) •• 183 APPENDIX l.H. SEMINOLE TRIBAL CONSTITUTION (1957) 186 APPENDIX 1. I. MICCOSUKEE TRIBAL CONSTITUTION (1962) 196 APPENDIX 1. J. MICCOSUKEE-EVERGLADES NATIONAL PARK SPECIAL USE PERMIT ( 197 3) • • • • 206 APPENDIX 1. K. BIG CYPRESS NATIONAL PRESERVE ENABLING ACT ( 19 7 4) • • • • • • • • • • • • 212 APPENDIX l.L. SEMINOLE CLAIM: DISTRIBUTION OF FUNDS(APRIL 30, 1990) 217 APPENDIX 2. A MICCOSUKEE VOCABULARY 221 APPENDIX 3. SACRED AND CEREMONIAL CONCERNS • • • • • 234 3 1. INTRODUCTION 1.1. BIG CYPRESS NATIONAL PRESERVE ESTABLISHED The establishment of the Big cypress National Preserve on October 11, 1974 marked the creation of a new multi-use category of lands within the National Park system. The United States Senate outlined the new concept (U.S. Congress, Senate 1974): "National preserves will be areas of land and/or water which may vary in size, but which possess within their boundaries exceptional values or qualities illustrating the natural heritage of the Nation. • • The principal thrust of the areas should be the preservation of the natural values which they contain. They might differ, in some respects, from national parks and monuments insofar as administrative policies are concerned. Hunting, for example, subject to reasonable regulation by the Secretary, could be permitted to the extent compatable with the purposes for which the area is established. Other activities, including the extraction of minerals, oil, and gas could be permitted •.• All management activities within these areas should be directed toward maintaining the natural and scientific values of the area. National preserves may accomodate significant recreational uses." Congressional creation of this new category of multiple-use lands under National Park Service jurisdiction increases the complexity of National Park Service management responsibilities. Congress also introduced another management variable in the Big Cypress National Preserve enabling legislation by establishing special access rights of certain Native American communities: " ..•Notwithstanding this section or any other provision of this Act, members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary, to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials" (U.S Congress 1974 Public Law 93-440, Section 5, See Appendix l.K) • 4 Section 6 of the Act goes on to direct that the Miccosukee and Seminole people will have the right of first refusal in providing revenue producing visitor services within the preserve: " • • • the Secretary shall offer those members of the Miccosukee and Seminole Indian Tribes who, on January 1, 1972, were engaged in the provision of similar services, a right of first refusal to provide such services within the preserve subject to such terms and conditions as he may deem appropriate ••• " (U.S. Congress 1974 Public Law 93-440, Section 6, See Apppendix l.K). These congressional directives give statutory rights of use and occupancy to the Miccosukee and Seminole people. They also give the National Park Service and the Secretary of the Interior the responsibility for decision making that may directly and seriously effect the quality of life of approximately 2600 Miccosukee and Seminole people. It is very important to know that their quality of life has a direct relationship to maintenance of cultural traditions. These cultural traditions have a very significant tie to traditional foods and medicines of the Big Cypress Preserve. Also, of central spiritual importance, two of the active traditional Corn Dance sites are included within the boundaries of the preserve. Big Cypress Preserve managers are, in a very real sense, stewards of very important elements in the cultural maintenance, self esteem, and yes, the quality of life of these people. These statutory rights set a new precedent and a new challenge for cooperative interaction between National Park Service managers and Native American peoples. These special directives raise questions that are of critical concern to the effected communities of the Miccosukee Tribe of Indians of Florida, the Seminole Tribe of Florida, the Traditional Seminole Nation of Florida, as well as other independent Miccosukee and Seminole families and individuals. 5 They also raise new and complex concerns for National Park Service managers. Major of these questions are: 1. What is "usual and customary use and occupancy"? 2. What is "subsistence use" as opposed to other types of use? 3. What are "tribal ceremonials"? 4. What is "traditional"? 5. What are "reasonable regulations"? 6. What is meant by "permitted"? Both Park Service managers and Miccosukee and Seminole community leaders are concerned about the appropriate modes of cooperative communication in regional planning, resource management, and interpretation of the resources that they have a vested interest in. They are also concerned about the appropriate modes for consensus building when Miccosukee and seminole traditional rights and National Park Service management regulations seem to be contradictory. The present project proposes to ESTABLISH A BASELINE UNDERSTANDING OF WHAT THE ACTUAL PATTERN OF MICCOSUKEE AND SEMINOLE "USUAL AND .CUSTOMARY USE .AND OCCUPANCY" OF BIG CYPRESS NATIONAL PRESERVE, FLORIDA WAS AS OF 1974. 6 1. 2·. HISTORY OF THE PROJECT In March of 1992 John Ehrenhard, Chief of Interagency Archeological Services and Paul Hartwig, Deputy Associate Director for Cultural Programs, both at the Southeast Regional Office of the National Park Service, invited me to assist, as an independent outside consultant, in the development of an objective research report concerning the customary and traditional lifeways of the Miccosukee and Seminole peoples and how they have traditionally occupied and utilized the resources of the lands which are now included in the Big Cyress National Preserve. The Principal Investigator, Dr. James A. Goss, made a brief site visit (May 6 through May 10, 1992) to Big cypress National Preserve to scout the country and make initial contacts with preserve management personnel and with the Miccosukee and Seminole communi ties. Upon his return he agreed to continue negotiations to establish a working arrangement between the Southeast Region, National Park Service and Texas Tech University
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