[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 346 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 346
To survey the gradient boundary along the Red River in the States of
Oklahoma and Texas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2019
Mr. Thornberry (for himself, Mr. Cole, Mr. Carter of Texas, Mr. Brady,
and Mr. Conaway) introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To survey the gradient boundary along the Red River in the States of
Oklahoma and Texas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River Gradient Boundary Survey
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Affected area.--
(A) In general.--The term ``affected area'' means
land along the approximately 116-mile stretch of the
Red River, from its confluence with the north fork of
the Red River on the west to the 98th meridian on the
east.
(B) Exclusions.--The term ``affected area'' does
not include the portion of the Red River within the
boundary depicted on the survey prepared by the Bureau
of Land Management entitled ``Township 5 South, Range
14 West, of the Indian Meridian, Oklahoma, Dependent
Resurvey and Survey'' and dated February 28, 2006.
(2) Gradient boundary survey method.--The term ``gradient
boundary survey method'' means the measurement technique used
to locate the South Bank boundary line in accordance with the
methodology established in Oklahoma v. Texas, 261 U.S. 340
(1923) (recognizing that the boundary line along the Red River
is subject to change due to erosion and accretion).
(3) Landowner.--The term ``landowner'' means any
individual, group, association, corporation, federally
recognized Indian tribe or member of such an Indian tribe, or
other private or governmental legal entity that owns an
interest in land in the affected area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(5) South bank.--The term ``South Bank'' means the water-
washed and relatively permanent elevation or acclivity
(commonly known as a ``cut bank'') along the southerly or right
side of the Red River that--
(A) separates the bed of that river from the
adjacent upland, whether valley or hill; and
(B) usually serves, as specified in the fifth
paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)--
(i) to confine the waters within the bed;
and
(ii) to preserve the course of the river.
(6) South bank boundary line.--The term ``South Bank
boundary line'' means the boundary, with respect to title and
ownership, between the States of Oklahoma and Texas identified
through the gradient boundary survey method that does not
impact or alter the permanent political boundary line between
the States along the Red River, as outlined under article II,
section B of the Red River Boundary Compact enacted by the
States and consented to by Congress pursuant to Public Law 106-
288 (114 Stat. 919).
SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE.
(a) Survey Required.--
(1) In general.--The Secretary shall commission a survey to
identify the South Bank boundary line in the affected area.
(2) Requirements.--The survey shall--
(A) adhere to the gradient boundary survey method;
(B) span the length of the affected area;
(C) be conducted by 1 or more independent third-
party surveyors that are--
(i) licensed and qualified to conduct
official gradient boundary surveys; and
(ii) selected by the Secretary, in
consultation with--
(I) the Texas General Land Office;
(II) the Oklahoma Commissioners of
the Land Office, in consultation with
the attorney general of the State of
Oklahoma; and
(III) each affected federally
recognized Indian Tribe; and
(D) subject to the availability of appropriations,
be completed not later than 2 years after the date of
enactment of this Act.
(b) Approval of the Boundary Survey.--
(1) In general.--Not later than 60 days after the date on
which the survey or a portion of the survey under subsection
(a)(1) is completed, the Secretary shall submit the survey for
approval to--
(A) the Texas General Land Office;
(B) the Oklahoma Commissioners of the Land Office,
in consultation with the attorney general of the State
of Oklahoma; and
(C) each affected federally recognized Indian
Tribe.
(2) Timing of approval.--Not later than 60 days after the
date on which each of the Texas General Land Office, the
Oklahoma Commissioners of the Land Office, in consultation with
the attorney general of the State of Oklahoma, and each
affected federally recognized Indian Tribe notify the Secretary
of the approval of the boundary survey or a portion of the
survey by the applicable office or federally recognized Indian
Tribe, the Secretary shall determine whether to approve the
survey or portion of the survey, subject to paragraph (4).
(3) Submission of portions of survey for approval.--As
portions of the survey are completed, the Secretary may submit
the completed portions of the survey for approval under
paragraph (1).
(4) Written approval.--The Secretary shall only approve the
survey, or a portion of the survey, that has the written
approval of each of--
(A) the Texas General Land Office;
(B) the Oklahoma Commissioners of the Land Office,
in consultation with the attorney general of the State
of Oklahoma; and
(C) each affected federally recognized Indian
Tribe.
SEC. 4. SURVEY OF INDIVIDUAL PARCELS.
Surveys of individual parcels in the affected area shall be
conducted in accordance with the boundary survey approved under section
3(b).
SEC. 5. NOTICE AND AVAILABILITY OF SURVEY.
Not later than 60 days after the date on which the boundary survey
is approved under section 3(b), the Secretary shall--
(1) publish notice of the approval of the survey in--
(A) the Federal Register; and
(B) 1 or more local newspapers; and
(2) on request, furnish to any landowner a copy of--
(A) the survey; and
(B) any field notes relating to--
(i) the individual parcel of the landowner;
or
(ii) any individual parcel adjacent to the
individual parcel of the landowner.
SEC. 6. EFFECT OF ACT.
Nothing in this Act--
(1) modifies any interest of the State of Oklahoma or
Texas, or the sovereignty, property, or trust rights of any
federally recognized Indian Tribe, relating to land located
north of the South Bank boundary line, as established by the
survey;
(2) modifies any land patented under the Act of December
22, 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly
known as the ``Color of Title Act''), before the date of
enactment of this Act;
(3) modifies or supersedes the Red River Boundary Compact
enacted by the States of Oklahoma and Texas and consented to by
Congress pursuant to Public Law 106-288 (114 Stat. 919);
(4) creates or reinstates any Indian reservation or any
portion of such a reservation;
(5) modifies any interest or any property or trust rights
of any individual Indian allottee; or
(6) alters any valid right of the State of Oklahoma or the
Kiowa, Comanche, or Apache Indian tribes to the mineral
interest trust fund established under the Act of June 12, 1926
(44 Stat. 740, chapter 572).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $1,000,000.
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