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 

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.— 

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

10 area’’ means land along the approximately 116- 


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1 mile stretch of the Red River, from its con2 fluence with the north fork of the Red River on 

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

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

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

6 River within the boundary depicted on the sur7 vey prepared by the Bureau of Land Manage8 ment entitled ‘‘Township 5 South, Range 14 

9 West, of the Indian Meridian, Oklahoma, De10 pendent Resurvey and Survey’’ and dated Feb11 ruary 28, 2006. 

12 (2) GRADIENT BOUNDARY SURVEY METHOD.— 

13 The term ‘‘gradient boundary survey method’’ 

14 means the measurement technique used to locate the 

15 South Bank boundary line in accordance with the 

16 methodology established in Oklahoma v. Texas, 261 

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

18 along the Red River is subject to change due to ero19 sion and accretion). 

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

21 means any individual, group, association, corpora22 tion, federally recognized Indian tribe or member of 

23 such an Indian tribe, or other private or govern24 mental legal entity that owns an interest in land in 

25 the affected area. 


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

2 the Secretary of the Interior, acting through the Di3 rector of the Bureau of Land Management. 

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

5 means the water-washed and relatively permanent 

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

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

8 River that— 

9 (A) separates the bed of that river from 

10 the adjacent upland, whether valley or hill; and 

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

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

13 (1923)— 

14 (i) to confine the waters within the 

15 bed; and 

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

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

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

19 with respect to title and ownership, between the 

20 States of Oklahoma and Texas identified through 

21 the gradient boundary survey method that does not 

22 impact or alter the permanent political boundary line 

23 between the States along the Red River, as outlined 

24 under article II, section B of the Red River Bound25 ary Compact enacted by the States and consented to 


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

2 Stat. 919). 

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

4 (a) SURVEY REQUIRED.— 

5 (1) IN GENERAL.—The Secretary shall commis6 sion a survey to identify the South Bank boundary 

7 line in the affected area. 

8 (2) REQUIREMENTS.—The survey shall— 

9 (A) adhere to the gradient boundary sur10 vey method; 

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

12 (C) be conducted by surveyors that are— 

13 (i) licensed and qualified to conduct 

14 official gradient boundary surveys; and 

15 (ii) selected jointly by and operating 

16 under the direction of— 

17 (I) the Texas General Land Of18 fice, in consultation with each affected 

19 federally recognized Indian tribe; and 

20 (II) the Oklahoma Commis21 sioners of the Land Office, in con22 sultation with the attorney general of 

23 the State of Oklahoma and each af24 fected federally recognized Indian 

25 tribe; and 


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1 (D) be completed not later than 2 years 

2 after the date of enactment of this Act. 

3 (b) APPROVAL.— 

4 (1) STATE APPROVAL.— 

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

6 after the date on which the survey under sub7 section (a)(1) is completed, the Secretary shall 

8 submit the survey for approval to— 

9 (i) the Texas General Land Office, in 

10 consultation with each affected federally 

11 recognized Indian tribe; and 

12 (ii) the Oklahoma Commissioners of 

13 the Land Office, in consultation with the 

14 attorney general of the State of Oklahoma 

15 and each affected federally recognized In16 dian tribe. 

17 (B) TIMING OF APPROVAL.—Not later 

18 than 60 days after the date of receipt of the 

19 survey under subparagraph (A), the Texas Gen20 eral Land Office, in consultation with each af21 fected federally recognized Indian tribe, and the 

22 Oklahoma Commissioners of the Land Office, in 

23 consultation with the attorney general of the 

24 State of Oklahoma and each affected federally 


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1 recognized Indian tribe, shall determine wheth2 er to approve the survey. 

3 (C) SURVEYS OF INDIVIDUAL PARCELS.— 

4 (i) IN GENERAL.—Surveys of indi5 vidual parcels in the affected area shall be 

6 conducted in accordance with this section. 

7 (ii) APPROVAL OR DISAPPROVAL.—A 

8 survey of an individual parcel conducted 

9 under clause (i) shall be approved or dis10 approved, on an individual basis, by the 

11 Texas General Land Office, in consultation 

12 with each affected federally recognized In13 dian tribe, and the Oklahoma Commis14 sioners of the Land Office, in consultation 

15 with the attorney general of the State of 

16 Oklahoma and each affected federally rec17 ognized Indian tribe, by not later than 60 

18 days after the date of receipt of the survey. 

19 (2) NO FEDERAL APPROVAL REQUIRED.—The 

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

21 survey of an individual parcel described in para22 graph (1)(C), shall not be submitted to the Sec23 retary for approval. 

24 (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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