[Congressional Record Volume 161, Number 64 (Thursday, April 30, 2015)]
[Senate]
[Pages S2572-S2573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself and Mr. Cruz):
  S. 1153. A bill to provide legal certainty to property owners along 
the Red River in Texas, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1153

       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 Private Property 
     Protection Act''.

     SEC. 2. DISCLAIMER AND OUTDATED SURVEYS.

       (a) In General.--The Secretary hereby disclaims any right, 
     title, and interest to all land located south of the South 
     Bank boundary line of the Red River in the affected area.
       (b) Clarification of Prior Surveys.--Previous surveys 
     conducted by the Bureau of Land Management shall have no 
     force or effect in determining the current South Bank 
     boundary line.

     SEC. 3. IDENTIFICATION OF CURRENT BOUNDARY.

       (a) Boundary Identification.--To identify the current South 
     Bank boundary line along the affected area, the Secretary 
     shall commission a new survey that--
       (1) adheres to the gradient boundary survey method;
       (2) spans the entire length of the affected area;
       (3) is conducted by Licensed State Land Surveyors chosen by 
     the Texas General Land Office; and
       (4) is completed not later than 2years after the date of 
     the enactment of this Act.
       (b) Approval of the Survey.--The Secretary shall submit the 
     survey conducted under this Act to the Texas General Land 
     Office for approval. State approval of the completed survey 
     shall satisfy the requirements under this Act.

     SEC. 4. APPEAL.

       Not later than 1 year after the survey is completed and 
     approved pursuant to section

[[Page S2573]]

     3, a private property owner who holds right, title, or 
     interest in the affected area may appeal public domain claims 
     by the Secretary to an Administrative Law Judge.

     SEC. 5. RESOURCE MANAGEMENT PLAN.

       The Secretary shall ensure that no parcels of land in the 
     affected area are treated as Federal land for the purpose of 
     any resource management plan until the survey has been 
     completed and approved and the Secretary ensures that the 
     parcel is not subject to further appeal pursuant to this Act.

     SEC. 6. CONSTRUCTION.

       This Act does not change or affect in any manner the 
     interest of the States or sovereignty rights of federally 
     recognized Indian tribes over lands located to the north of 
     the South Bank boundary line of the Red River as established 
     by this Act.

     SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS.

       (a) Competitive Sale of Identified Federal Lands.--After 
     the survey has been completed and approved and the Secretary 
     ensures that a parcel is not subject to further appeal under 
     this Act, the Secretary shall offer any and all such 
     remaining identified Federal lands for disposal by 
     competitive sale for not less than fair market value as 
     determined by an appraisal conducted in accordance with 
     nationally recognized appraisal standards, including the 
     Uniform Appraisal Standards for Federal Land Acquisitions; 
     and the Uniform Standards of Professional Appraisal Practice.
       (b) Existing Rights.--The sale of identified Federal lands 
     under this section shall be subject to valid existing tribal, 
     State, and local rights.
       (c) Proceeds of Sale of Lands.--Net proceeds from the sale 
     of identified Federal lands under this section shall be used 
     to offset any costs associated with this Act.
       (d) Report.--Not later than 5 years after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a list of any identified Federal 
     lands that have not been sold under subsection (a) and the 
     reasons such lands were not sold.

     SEC. 8. DEFINITIONS.

       For the purposes of this Act:
       (1) Affected area.--The term ``affected area'' means lands 
     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 between the States 
     of Texas and Oklahoma.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of Bureau of 
     Land Management.
       (3) South bank.--The term ``South Bank'' means the water-
     washed and relatively permanent elevation or acclivity, 
     commonly called a cut bank, along the southerly or right side 
     of the Red River which separates its bed from the adjacent 
     upland, whether valley or hill, and usually serves to confine 
     the waters within the bed and to preserve the course of the 
     river; as specified in the fifth paragraph of the decree 
     rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 
     43 S. Ct. 376, 67 L. Ed. 687.
       (4) South bank boundary line.--The term ``South Bank 
     boundary line'' means the boundary between Texas and Oklahoma 
     identified through the gradient boundary survey method ; as 
     specified in the sixth and seventh paragraphs of the decree 
     rendered March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 
     43 S. Ct. 376, 67 L. Ed. 687.
       (5) Gradient boundary survey method.--The term ``gradient 
     boundary survey method'' means the measurement technique used 
     to locate the South Bank boundary line under the methodology 
     established by the United States Supreme Court which 
     recognizes that the boundary line between the States of Texas 
     and Oklahoma along the Red River is subject to such changes 
     as have been or may be wrought by the natural and gradual 
     processes known as erosion and accretion as specified in the 
     second, third, and fourth paragraphs of the decree rendered 
     March 12, 1923, in Oklahoma v. Texas, 261 U. S. 340, 43 S. 
     Ct. 376, 67 L. Ed. 687.
                                 ______