[House Report 106-770]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-770
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GRANTING THE CONSENT OF THE CONGRESS TO THE RED RIVER BOUNDARY COMPACT
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July 20, 2000.--Referred to the House Calendar and ordered to be
printed
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Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.J. Res. 72]
The Committee on the Judiciary, to whom was referred the
joint resolution (H.J. Res. 72) granting the consent of the
Congress to the Red River Boundary Compact, having considered
the same, reports favorably thereon with an amendment and
recommends that the joint resolution as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 1
Purpose and Summary........................................ 2
Background and Need for the Legislation.................... 2
Hearings................................................... 3
Committee Consideration.................................... 4
Committee Oversight Findings............................... 4
Committee on Government Reform Findings.................... 4
New Budget Authority and Tax Expenditures.................. 4
Committee Cost Estimate.................................... 4
Constitutional Authority Statement......................... 4
Section-by-Section Analysis and Discussion................. 4
Agency Views............................................... 5
The amendment is as follows:
Strike all after the resolving clause and insert the
following:
SECTION 1. CONGRESSIONAL CONSENT.
(a) In General.--The consent of Congress is given to the Red River
Compact entered into between the States of Texas and Oklahoma and the
new boundary established by the compact.
(b) New Compact.--The compact referred to in subsection (a) sets
the boundary between the States of Texas and Oklahoma as the vegetation
line on the south bank of the Red River (except for the Texoma area
where the boundary is established pursuant to procedures provided for
in the compact) and is the compact--
(1) agreed to by the State of Texas in House Bill 1355
approved by the Governor of Texas on May 24, 1999; and
(2) agreed to by the State of Oklahoma in Senate Bill 175
approved by the Governor of Oklahoma on June 4, 1999.
(c) Compact.--The Acts referred to in subsection (b) are recognized
by Congress as an interstate compact pursuant to section 10 of Article
I of the United States Constitution.
(d) Construction.--The compact shall not in any manner alter--
(1) any present or future rights and interests of the
Kiowa, Comanche, and Apache Tribes, the Chickasaw Nation, and
the Choctaw Nation of Oklahoma and their members or Indian
successors-in interest;
(2) any tribal trust lands;
(3) allotted lands that may be held in trust or lands
subject to a Federal restriction against alienation;
(4) any boundaries of lands owned by the tribes and nations
referred to in paragraph (1), including lands referred to in
paragraphs (2) and (3), that exist now or that may be
established in the future under Federal law; and
(5) the sovereign rights, jurisdiction, or other
governmental interests of the Kiowa, Comanche, and Apache
Tribes, the Chickasaw Nation, and the Choctaw Nation of
Oklahoma and their members or Indian successors-in interest
presently existing or which may be acknowledged by Federal and
tribal law.
(e) Effective Date.--This Act shall take effect on August 31, 2000.
Purpose and Summary
H.J. Res. 72 grants the consent of Congress to the Red
River Boundary Compact establishing a more definite State
border between Texas and Oklahoma.
Background and Need for the Legislation
Article I, section 10, clause 3 of the United States
Constitution provides, ``No State shall, without the Consent of
Congress . . . enter into any Agreement or Compact with another
State, or with a foreign power. . . .''
Congressional consent is required for such agreements and
compacts to ensure that they do not work to the detriment of
another State and that they do not conflict with Federal law or
Federal interests.
A large portion of the boundary between Oklahoma and Texas
has historically been the Red River, originally the southern
limit of the Louisiana Purchase.\1\ The Red River, however, is
subject to the forces of nature and, thus, is destined to
change continually. Water levels rise, the river at times
diverges into several streams, and erosion and deposits of
alluvial sand all contribute to constantly changing the south
bank boundary line between Oklahoma and Texas.
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\1\ Louisiana was purchased by the United States from France in
1803 for $15 million. Prior to its ownership by France, the area had
been in the possession of Spain, although its precise boundaries were
somewhat indefinite. In 1819, Secretary of State John Quincy Adams
completed negotiations with Spain over the possession of Florida in the
Transcontinental Treaty. The Treaty fixed the western boundary of the
Louisiana Purchase at the Pacific Ocean (encompassing and area which
had already been explored by Lewis and Clark) and set the Purchase's
southern boundary with the Spanish possession of Texas at the southern
bank of the Red River. In that treaty, Spain renounced its claim to
Florida and the United States renounced its claim to Texas. After an
armed struggle for independence, Texas became a republic in 1836 and,
following approval by Texans of a Congressional resolution of
annexation, Texas was eventually admitted into the Union on December
22, 1845. Oklahoma was admitted to the Union on November 16, 1907. The
Red River boundary between the two States extends for a distance of
approximately 517 miles.
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As a result, the use of the river as a sound political
boundary has been problematic. While the border established by
the Transcontinental Treaty was maintained with Mexico from
1824 and Texas from 1836, over the course of the next 170 years
the boundary frequently generated sundry property disputes and
skirmishes.
In 1996, Oklahoma and Texas established the Red River
Boundary Commission to clarify an appropriate, practical
boundary line between the two States. It recommended that the
boundary be changed from the gradiant line of the south bank to
the ``vegetation line'' of the south bank of the Red River to
produce a more stable and more clearly visible border. The
legislatures of the respective States passed the Red River
Boundary Compact \2\ and H.J. Res. 72 was introduced granting
the Congressional approval required by the Constitution.
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\2\ House Bill 1355 was approved by the Governor of Texas on May
24, 1999 and Senate Bill 175 was approved by the Governor of Oklahoma
on June 4, 1999.
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On October 26, 1999, the Subcommittee on Commercial and
Administrative Law held a hearing and markup on H.J. Res. 72,
and reported it to the Committee on the Judiciary. However,
both before and after its action, concerns were expressed by
representatives of several Indian nations concerning the effect
of the Compact on their lands and rights. Specifically, three
Indian tribes, the Kiowa, the Comanche, and the Apache (the
KCA) were concerned about how the proposed resolution of the
boundary would impact on their land rights and their rights to
royalties from oil and gas sites located along the border of
Oklahoma and Texas.
During Full Committee consideration, an amendment was
adopted clarifying that Congressional approval of the Compact
does not alter the boundaries, the rights or the jurisdiction
of the KCA tribes or those of the Chickasaw or Choctaw Nations
which are, or in the future may be, established under Federal
law. H.J. Res. 72 thus eliminates the problem of an
inconsistent State boundary while ensuring that the rights and
interests of the KCA, the Choctaw and Chickasaw Nations will be
held harmless by Congress' approval of the Compact.
Hearings
The committee's Subcommittee on Commercial and
Administrative Law held one day of hearings on H. J. Res. 72 on
October 26, 1999. Testimony was received from the Honorable Mac
Thornberry, United States House of Representatives, Thirteenth
District of the State of Texas; the Honorable Max Sandlin,
United States House of Representatives, First District of the
State of Texas; The Honorable David B. Braddock, the Oklahoma
House of Representatives, District 52, Altus, Oklahoma; Eric
Sigsbey, Esquire, General Counsel, Texas General Land Office,
Austin, Texas, with additional material submitted by the Kiowa,
Comanche, and Apache Intertribal Land Use Committee.
Committee Consideration
On October 26, 1999, the Subcommittee on Commercial and
Administrative Law met in open session and ordered favorably
reported H.J. Res. 72, as amended, by a voice vote, a quorum
being present. On July 19, 2000, the committee met in open
session and ordered favorably reported H.J. Res. 72 with an
amendment by a voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Committee Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
the resolution will have no cost for the current fiscal year,
and none for the next five fiscal years. At the time of the
filing of this report, the Congressional Budget Office estimate
was not available.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in article I, section 10, clause 3 of the
Constitution.
Section-by-Section Analysis and Discussion
Section one, subparagraph (a), grants Congressional consent
to the Red River Compact entered into between the States of
Texas and Oklahoma and the new boundary established by it,
Subparagraph (b), provides that the compact sets that new
boundary as the vegetation line on the south bank of the Red
River (except for the Texoma, area, where the boundary is to be
established as provided in the compact after subsequent
deliberations by the two States). It specifies that it is the
compact that Texas agreed to by House Bill 1355 (approved by
the Governor of Texas on May 24, 1999) and agreed to by
Oklahoma in Senate Bill 175 (approved by the Governor of
Oklahoma on June 4, 1999). Subparagraph (c) references the
actions of the States as an interstate compact pursuant to
article I, section 10 of the United States Constitution.
Subparagraph (d) clarifies that the compact shall in no way
alter: (1) the present or future rights and interests of the
Kiowa, Comanche, and Apache Tribes, the Chickasaw and Choctaw
Nations and their members, or Indian successors-in-interest;
(2) any tribal trust lands; (3) allotted lands that may be held
in trust or lands subject to a Federal restriction against
alienation; (4) any boundaries of land owned by the above named
tribes and nations (including tribal and allotted lands
referred to in paragraphs (2) and (3), that exist now or that
may be established in the future under Federal law) and (5) the
sovereign rights, jurisdiction, or other governmental interests
of the above-named tribes and nations and their members or
Indian successors in interest presently existing or which may
be acknowledged by Federal and tribal law. Subparagraph (e)
provides that the effective date is August 31, 2000.
Agency Views
Department of the Interior,
Washington, DC, November 9, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Department understands that H. J.
Res. 72, ``a joint resolution granting the consent of Congress
to the Red River Boundary Compact'' (Compact) will soon be
subject to a vote by the Committee. The Compact embodies an
agreement between the State of Texas and the State of Oklahoma
to establish the vegetation line of the south boundary of the
Red River as the boundary between the two states. Although we
support enactment of H. J. Res. 72, we are concerned about its
effect on the Indian Tribes and their members who may hold
beneficial interest in lands that border the north bank of the
Red River in Oklahoma. Those Tribes are the Kiowa, Comanche,
Apache, Chickasaw and Choctaw and their members.
The Red River is owned from the north bank to the thread by
riparian land owners; lands underlying the thread to the south
bank are federal public lands administered by the Bureau of
Land management. We have identified 1,600 acres of land held in
trust for the Chickasaw and Choctaw Nations, twenty-six trust
allotments held by Kiowa, Comanche and Apache (KCA) Tribes and
approximately twenty-five restricted allotments held by members
of the Chickasaw and Choctaw Nations that border the Red River.
The Act of June 12, 1926, created a trust fund from monies
derived from oil and gas deposits underlying the federal lands
from the mouth of the North Fork of the Red River along the
river to the 98th meridian for the benefit of enrolled members
of the KCA Tribes and their unallotted children. The 1926 Act
provides that 62\1/2\ percent of any mineral royalties are to
be distributed to the KCA members, 37\1/2\ percent are to be
distributed to the State of Oklahoma.
Our concern is two fold. First, the movement of the Red
River, and thus, the vegetation line, is inevitable. The state
proponents of the Compact admit that while property title
rights are unaffected by the Compact, it is likely that the
legal location of some property could change from one state to
the other. The Indian trust allotments were carved from the
Oklahoma Tribes' former reservations and treaty lands. Over the
past century, federal courts in Oklahoma have interpreted the
nature of the federally allotted and tribal lands, and the
federal government has administered the trust allotments in
reliance upon that body of law. The surface and mineral
interests of the Indian landowners who hold the beneficial
title to the allotments, as well as the right of all KCA
members to receive royalties from minerals underlying a portion
of the riverbed, constitute property rights that may not be
diminished by the operation of the Compact. In the absence of
clarifying language which addresses the continued nature of the
trust and restricted allotments and the tribal trust lands,
confusion as to the legal authorities and correlative rights of
the Indian landowners could result.
Second, the inherent tribal sovereignty of the Oklahoma
Tribes over tribal and allotted lands emanates from the
location of those lands as existing within the boundaries of
their former reservations in Oklahoma. Important judicial and
administrative decisions have been made concerning the civil
and criminal jurisdiction of the Oklahoma Tribes based on the
historical evolution of those lands from the Indian and
Oklahoma Territories. Any change in the legal location of the
Indian trust and restricted lands could result in uncertainty
as to the applicability of tribal and federal legal authority
and the assertion of tribal jurisdiction over these lands.
For these reasons, we propose the following amendment to H.
J. Res. 72. ``The Compact shall not affect or diminish any
present or future rights and interest of the Kiowa, Comanche
and Apache Tribes, the Chickasaw Nation and the Choctaw Nation
of Oklahoma, and their members or successors in interests, nor
any boundaries, that are now, or may be established, under
federal law, nor shall this Compact affect or abate the
sovereign rights, jurisdiction, or other governmental
interests, of the Kiowa, Comanche and Apache Tribes, the
Chickasaw Nation and the Choctaw Nation of Oklahoma, presently
existing, or which may be acknowledged, by federal and tribal
law.''
Sincerely,
Bruce Babbitt, Secretary of Interior.
cc:
Honorable John Conyers, Jr.
Ranking Minority Member