49–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–700 

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 elecVerDate Sep 11 2014 01:26 Jan 07, 2015 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR700.XXX HR700

SSpencer on DSK4SPTVN1PROD with REPORTS
2 

tronic 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 successorsin 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. 


SSpencer on DSK4SPTVN1PROD with REPORTS
3 

(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 preVerDate Sep 11 2014 01:26 Jan 07, 2015 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR700.XXX HR700

SSpencer on DSK4SPTVN1PROD with REPORTS
4 

vent 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 


SSpencer on DSK4SPTVN1PROD with REPORTS
5 

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. 


SSpencer on DSK4SPTVN1PROD with REPORTS
(6) 

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 ownVerDate Sep 11 2014 04:18 Jan 07, 2015 Jkt 049006 PO 00000 Frm 00006 Fmt 6604 Sfmt 6604 E:\HR\OC\HR700.XXX HR700

SSpencer on DSK4SPTVN1PROD with REPORTS
7 

ership 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. 

RAU ́ L GRIJALVA, 

Ranking Member, Subcommittee on Public Lands 

and Environmental Regulation. 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS