II 

115TH CONGRESS 

1ST SESSION S. 90 

To survey the gradient boundary along the Red River in the States of 

Oklahoma and Texas, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2017 

Mr. CORNYN (for himself and Mr. CRUZ) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

FEBRUARY 28, 2017 

Committee discharged; referred to the Committee on Energy and Natural 

Resources 

A BILL 

To survey the gradient boundary along the Red River in 

the States of Oklahoma and Texas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Red River Gradient 

5 Boundary Survey Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AFFECTED AREA.— 


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1 (A) IN GENERAL.—The term ‘‘affected 

2 area’’ means land along the approximately 116- 

3 mile stretch of the Red River, from its con4 fluence with the north fork of the Red River on 

5 the West to the 98th meridian on the east. 

6 (B) EXCLUSIONS.—The term ‘‘affected 

7 area’’ does not include the portion of the Red 

8 River within the boundary depicted on the sur9 vey prepared by the Bureau of Land Manage10 ment entitled ‘‘Township 5 South, Range 14 

11 West, of the Indian Meridian, Oklahoma, De12 pendent Resurvey and Survey’’ and dated Feb13 ruary 28, 2006. 

14 (2) GRADIENT BOUNDARY SURVEY METHOD.— 

15 The term ‘‘gradient boundary survey method’’ 

16 means the measurement technique used to locate the 

17 South Bank boundary line in accordance with the 

18 methodology established in Oklahoma v. Texas, 261 

19 U.S. 340 (1923) (recognizing that the boundary line 

20 along the Red River is subject to change due to ero21 sion and accretion). 

22 (3) LANDOWNER.—The term ‘‘landowner’’ 

23 means any individual, group, association, corpora24 tion, federally recognized Indian tribe or member of 

25 such an Indian tribe, or other private or governVerDate Sep 11 2014 01:36 Mar 01, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RCS S90

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1 mental legal entity that owns an interest in land in 

2 the affected area. 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior, acting through the Di5 rector of the Bureau of Land Management. 

6 (5) SOUTH BANK.—The term ‘‘South Bank’’ 

7 means the water-washed and relatively permanent 

8 elevation or acclivity (commonly known as a ‘‘cut 

9 bank’’) along the southerly or right side of the Red 

10 River that— 

11 (A) separates the bed of that river from 

12 the adjacent upland, whether valley or hill; and 

13 (B) usually serves, as specified in the fifth 

14 paragraph of Oklahoma v. Texas, 261 U.S. 340 

15 (1923)— 

16 (i) to confine the waters within the 

17 bed; and 

18 (ii) to preserve the course of the river. 

19 (6) SOUTH BANK BOUNDARY LINE.—The term 

20 ‘‘South Bank boundary line’’ means the boundary, 

21 with respect to title and ownership, between the 

22 States of Oklahoma and Texas identified through 

23 the gradient boundary survey method that does not 

24 impact or alter the permanent political boundary line 

25 between the States along the Red River, as outlined 


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1 under article II, section B of the Red River Bound2 ary Compact enacted by the States and consented to 

3 by Congress pursuant to Public Law 106–288 (114 

4 Stat. 919). 

5 SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE. 

6 (a) SURVEY REQUIRED.— 

7 (1) IN GENERAL.—The Secretary shall commis8 sion a survey to identify the South Bank boundary 

9 line in the affected area. 

10 (2) REQUIREMENTS.—The survey shall— 

11 (A) adhere to the gradient boundary sur12 vey method; 

13 (B) span the length of the affected area; 

14 (C) be conducted by surveyors that are— 

15 (i) licensed and qualified to conduct 

16 official gradient boundary surveys; and 

17 (ii) selected jointly by and operating 

18 under the direction of— 

19 (I) the Texas General Land Of20 fice, in consultation with each affected 

21 federally recognized Indian tribe; and 

22 (II) the Oklahoma Commis23 sioners of the Land Office, in con24 sultation with the attorney general of 

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1 fected federally recognized Indian 

2 tribe; and 

3 (D) be completed not later than 2 years 

4 after the date of enactment of this Act. 

5 (b) APPROVAL.— 

6 (1) STATE APPROVAL.— 

7 (A) IN GENERAL.—Not later than 60 days 

8 after the date on which the survey under sub9 section (a)(1) is completed, the Secretary shall 

10 submit the survey for approval to— 

11 (i) the Texas General Land Office, in 

12 consultation with each affected federally 

13 recognized Indian tribe; and 

14 (ii) the Oklahoma Commissioners of 

15 the Land Office, in consultation with the 

16 attorney general of the State of Oklahoma 

17 and each affected federally recognized In18 dian tribe. 

19 (B) TIMING OF APPROVAL.—Not later 

20 than 60 days after the date of receipt of the 

21 survey under subparagraph (A), the Texas Gen22 eral Land Office, in consultation with each af23 fected federally recognized Indian tribe, and the 

24 Oklahoma Commissioners of the Land Office, in 

25 consultation with the attorney general of the 


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1 State of Oklahoma and each affected federally 

2 recognized Indian tribe, shall determine wheth3 er to approve the survey. 

4 (C) SURVEYS OF INDIVIDUAL PARCELS.— 

5 (i) IN GENERAL.—Surveys of indi6 vidual parcels in the affected area shall be 

7 conducted in accordance with this section. 

8 (ii) APPROVAL OR DISAPPROVAL.—A 

9 survey of an individual parcel conducted 

10 under clause (i) shall be approved or dis11 approved, on an individual basis, by the 

12 Texas General Land Office, in consultation 

13 with each affected federally recognized In14 dian tribe, and the Oklahoma Commis15 sioners of the Land Office, in consultation 

16 with the attorney general of the State of 

17 Oklahoma and each affected federally rec18 ognized Indian tribe, by not later than 60 

19 days after the date of receipt of the survey. 

20 (2) NO FEDERAL APPROVAL REQUIRED.—The 

21 survey conducted under subsection (a)(1), and any 

22 survey of an individual parcel described in para23 graph (1)(C), shall not be submitted to the Sec24 retary for approval. 

25 (c) NOTICES.— 


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1 (1) SECRETARY.—Not later than 60 days after 

2 the date on which a survey for an individual parcel 

3 is approved by the Texas General Land Office and 

4 the Oklahoma Commissioners of the Land Office, in 

5 consultation with the attorney general of the State 

6 of Oklahoma, under subsection (b)(1)(C), the heads 

7 of those offices shall submit to the Secretary— 

8 (A) a notice of the approval of the survey; 

9 and 

10 (B) a copy of— 

11 (i) the survey; and 

12 (ii) any field notes relating to the in13 dividual parcel. 

14 (2) ADJACENT LANDOWNERS.—Not later than 

15 30 days after the date on which the Secretary re16 ceives a notice relating to an individual parcel under 

17 paragraph (1), the Secretary shall provide to each 

18 landowner of land adjacent to the individual par19 cel— 

20 (A) a notice of the approval of the survey; 

21 and 

22 (B) a copy of— 

23 (i) the survey; and 

24 (ii) any field notes relating to the in25 dividual parcel. 


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1 SEC. 4. EFFECT OF ACT. 

2 Nothing in this Act— 

3 (1) modifies any interest of the State of Okla4 homa or Texas, or the sovereignty, property, or trust 

5 rights of any federally recognized Indian tribe, relat6 ing to land located north of the South Bank bound7 ary line, as established by the survey; 

8 (2) modifies any land patented under the Act of 

9 December 22, 1928 (45 Stat. 1069, chapter 47; 43 

10 U.S.C. 1068) (commonly known as the ‘‘Color of 

11 Title Act’’), before the date of enactment of this Act; 

12 (3) modifies or supersedes the Red River 

13 Boundary Compact enacted by the States of Okla14 homa and Texas and consented to by Congress pur15 suant to Public Law 106–288 (114 Stat. 919); 

16 (4) creates or reinstates any Indian reservation 

17 or any portion of such a reservation; or 

18 (5) alters any valid right of the State of Okla19 homa or the Kiowa, Comanche, or Apache Indian 

20 tribes to the mineral interest trust fund established 

21 under the Act of June 12, 1926 (44 Stat. 740, chap22 ter 572). 

23 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

24 There is authorized to be appropriated to the Sec25 retary to carry out this Act $1,000,000. 

Æ 


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