[House Report 113-700]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-700
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RED RIVER PRIVATE PROPERTY PROTECTION ACT
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4979]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4979) to provide legal certainty to property
owners along the Red River in Texas, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River Private Property Protection
Act''.
SEC. 2. DISCLAIMER OF INTEREST.
The Secretary hereby disclaims any right, title, and interest to all
RedRiver lands located south of the South Bank of the Red River. This
Act does not change or affect in any manner the sovereignty rights of
federally recognized Indian tribes over lands located to the north of
the South Bank of the Red River. Tribal sovereignty rights continue to
be established and defined by controlling Federal law.
SEC. 3. ISSUANCE OF CLAIM AND/OR DEEDS.
(a) In General.--The Secretary shall relinquish, disclaim, and shall
transfer by special warranty deed all right, title, and interest of the
United States in and to Red River lands to any claimant who
demonstrates to the satisfaction of the Secretary that they--
(1) hold all right, title, and interest under a chain of
title for at least 30 years from the time of submission;
(2) have a deed recorded in the appropriate county; and
(3) have paid all taxes assessed on the land and any interest
and penalties associated with any period of tax delinquency.
(b) Public Notification.--The Secretary shall publish in the Federal
Register and on official and appropriate Web sites the process to
receive written and/or electronic submissions of the documents required
under subsection (a). The Secretary shall treat all proper
notifications received from the claimant as fulfilling the satisfaction
requirements under subsection (a).
(c) Standard of Approval.--The Secretary shall accept all official
county and State records as filed in the county on the date of
submission proving right, title, and interest, including all land
accreted to those lands identified by such records by the processes of
erosion and accretion.
(d) Time Period for Approval or Disapproval of Request.--The
Secretary shall approve or disapprove a request for a special warranty
deed under subsection (a) not later than 180 days after the date on
which the written request is received by the Secretary. If the
Secretary fails to approve or disapprove such a request by the end of
such 180-day period, the request shall be deemed to be approved.
(e) Requirements for Decision.--Any final decision by the Secretary
must contain--
(1) a field note description used to determine the property
claim, which must be--
(A) sufficient to locate the land on the ground;
(B) consistent with the claimant's deed; and
(C) include all land accreted to the claimant by the
processes of erosion and accretion;
(2) an accurate plat of the land that is--
(A) consistent with the field notes; and
(B) prepared by a Texas licensed State land surveyor;
and
(3) any other matters required by law or as the Secretary
considers appropriate consistent with the provisions and intent
of this Act.
SEC. 4. ADMINISTRATIVE HEARING.
(a) In General.--The Secretary shall establish procedures for an
administrative hearing--
(1) for a claimant to redress the final decision made
pursuant to section 3 regarding a claim by Secretary to their
property; and
(2) to adjudicate disputes between two or more private
property owners who have interest claims that overlap pursuant
to documents submitted under section 3.
(b) Judicial Resolution.--If after the final determination has been
issued under subsection (a) and the private property owner disputes the
decision, the private property owner may pursue their claim via Federal
district court within the State of Texas.
SEC. 5. RESOURCE MANAGEMENT PLAN.
The Secretary shall ensure that no parcels of Red River lands are
treated as Federal land for the purpose of any resource management plan
until the Secretary has ensured that such parcels are not subject to
transfer under section 3.
SEC. 6. CONSTRUCTION.
Nothing in this Act shall alter--
(1) any present or future rights and interests of the Kiowa,
Comanche, and Apache Tribes 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), pursuant to the gradient boundary
survey method; and
(5) the sovereign rights, jurisdiction, or other governmental
interests of the Kiowa, Comanche, and Apache Tribes and their
members or Indian successors-in interest presently existing or
which may be acknowledged by Federal and tribal law.
SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS.
(a) Competitive Sale of Identified Federal Lands.--After the
Secretary has ensured that Red River lands parcels are not subject to
transfer under section 3, 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) the term ``Red River lands'' 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) the term ``Secretary'' means the Secretary of the
Interior, acting through the Director of Bureau of Land
Management;
(3) 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 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;
and
(4) the term ``Gradient Boundary Survey'' means the
measurement technique used to demarcate a division of ownership
or jurisdiction along the South Bank 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.
PURPOSE OF THE BILL
The purpose of H.R. 4979 is to provide legal certainty to
property owners along the Red River in Texas.
BACKGROUND AND NEED FOR LEGISLATION
In title disputes, especially in incidents where the long-
standing management, care or knowledge of ownership (including
improvements) were exercised, and a clear delinquency,
dereliction or nonexistent control of federal responsibility
over the land has occurred (without fault or negligence by the
State or affected property owner), the Committee on Natural
Resources recognizes the rights of the property owners. The
longstanding ownership, management and care of these disputed
lands, recognized as previously paid for and/or maintained
under State jurisdiction, should protect and guarantee the
property rights of the affected land owners. They should be
insulated from federal behavior or response so severe as to
hold them in trespass, mimic a taking of their property or hold
their land hostage for a ransom to regain title to property
they already own. The Committee on Natural Resources generally
believes that when federal survey errors result in a potential
conflict of title with private property owners, State and local
land ownership records should be the arbiter for determining
ownership.
H.R. 4979 would direct the Bureau of Land Management (BLM)
to relinquish and transfer by special warranty deed land along
116 miles of the Red River in Texas to a landowner who can
prove through official State or county records that he or she
fully owns the land. In addition, the bill would require BLM to
issue a public notice of process and accept all legitimate
claims of ownership. It would establish a 180-day time period
in which BLM must act on a request and establishes that
multiparty disputes would be resolved in Federal district
court. Furthermore, the bill would prevent any of the land in
question from being included in any federal land resource
management plan revision until ownership is resolved. Finally,
the bill requires the sale of excess BLM lands along the Red
River, ensures that tribal sovereignty rights are protected,
and any ownership interests of tribal nations in the area is
retained.
BLM is resurveying the land along the Red River to update
the federal land resource management plan for Texas and
Oklahoma. The survey process has raised questions of
overlapping ownership claims, which brought this issue to the
forefront. Initially, BLM claimed it may own 90,000 acres along
the River, but that estimate has been cut to 30,000 acres, of
which only 6,402 acres have been actually surveyed. There
remain multiple landowners who hold title to land included in
the 30,000 acres. These landowners have been paying taxes on
the land, and in some cases, have held title to the land for
generations.
This uncertainty threatens the value of privately-owned
land as any sale would carry a clouded title. It has also
halted the willingness of landowners to continue making
improvements on the land or to utilize the land to its full
potential through agricultural or other types of development.
BLM has said that it does not intend to expand federal holdings
but merely wants to develop a plan for appropriate management
of lands already in federal ownership. H.R. 4979 will determine
rightful ownership and bring needed certainty to the land
owners along the Red River in both Texas and Oklahoma by
ensuring that the private property interests are protected
instead of absorbed into BLM's existing massive federal
holdings.
COMMITTEE ACTION
H.R. 4979 was introduced on June 26, 2014, by Congressman
Mac Thornberry (R-TX). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
July 29, 2014, the Subcommittee held a hearing on the bill. On
November 19, 2014, the Natural Resources Committee met to
consider the bill. The Subcommittee on Public Lands and
Environmental Regulation was discharged by unanimous consent.
Chairman Doc Hastings (R-WA) offered an amendment designated
Bishop.076; the amendment as adopted by voice vote. No further
amendments were offered, and the bill, as amended, was adopted
and ordered favorably reported to the House of Representatives
by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of the Congressional Budget Office. The Committee
believes that enactment of this bill will not have a
significant effect on the federal budget.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide legal certainty to
property owners along the Red River in Texas.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of Rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R 4979: RED RIVER PRIVATE PROPERTY PROTECTION ACT
On July 26, 2013, the Bureau of Land Management (BLM)
issued a Notice of Intent to begin work on a revision to the
Oklahoma, Kansas, and Texas Resource Management Plan (RMP). The
RMP covers Federal land along the Red River between Texas and
Oklahoma, where the BLM estimates that the Federal government
retains interest in approximately 30,000 acres, 23,000 acres of
which are overlaid by private deeds. There are many overlapping
claims, missing and unreliable records, and even competing
claims from both Texas and Oklahoma over the same pieces of
property. BLM is revising the RMP, which includes a
comprehensive land survey, in order to clear up all of these
uncertainties. The agency has to complete the public planning
process and land survey before it can issue title to claimants.
Unfortunately, whether intended or not, H.R. 4979, by
disrupting the planning process, would make it impossible for
the Interior Department to recognize ownership claims. The bill
would require the Secretary to recognize, within 120 days, any
county or state record provided by an individual with a
property interest in the Red River. This timeline is
unrealistic and the requirement could lead to the transfer of
Federal land without fair compensation. Additionally, the bill
requires BLM to transfer not only the surface estate but also
the subsurface estate, which is counter to standard practice
and jeopardizes a long standing agreement between the Federal
government and the Kiowa, Apache, and Comanche tribes. These
tribes receive 62.5 percent of any royalty generated for oil
and gas development along this section of the Red River. If the
subsurface mineral estate is transferred away, this important
source of revenue relied on by the tribes could be jeopardized.
With the long, complicated history and various ownership claims
along the Red River, BLM has to be allowed to complete its
planning process and land survey H.R. 4979 would make a
resolution nearly impossible.
At markup, the majority amended the bill in an effort to
address many of the concerns highlighted by the administration.
While we appreciate the effort to improve the bill, the
reported bill is still unworkable. The amended text sets up an
arbitration process for overlapping ownership claims, extends
the timeline for issuing deeds, and even appears to add
language to protect certain tribal interests.
The amended bill adds 60 days to the timeframe for
approving claims and issuing deeds. This may seem like an
improvement, but 180 days is still an unrealistic goal that
could complicate matters even further. The projected completion
date of 2018 seems like a long time, but considering that there
have been disputes over ownership in this area for over 200
years, it makes sense that, in order to get it done right, it
will take time.
Furthermore, the dispute resolution process set up by the
bill presents a variety of problems. The difficulty of
verifying overlapping ownership claims is something that the
administration mentioned in their testimony on the bill. there
are many instances where multiple private deeds overlay a
single plot of land, and some of these plots of land may in
fact be wholly private, meaning the Federal government has no
interest in the land. That is why the survey and land planning
process must occur before the Secretary can disclaim land or
issue patents for private land. However, under the bill's
arbitration process, the BLM could be forced to make a decision
before knowing if it even has jurisdiction over the land.
Lastly, as mentioned above, the Federal government has a
special relationship with several Native American tribes in
this area, and 62.5 per cent of the royalty revenue from oil
and gas development is owed to these tribes. The remaining 37.5
is paid to the state of Oklahoma. This legislation could
complicate this arrangement and potentially make it impossible
for the Federal government to fulfill this commitment. We
cannot support H.R. 4979.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Rauul Grijalva,
Ranking Member, Subcommittee
on Public Lands and
Environmental
Regulation.