II 

Calendar No. 687 

115TH CONGRESS 

2D 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 

NOVEMBER 29, 2018 

Reported by Ms. MURKOWSKI, without amendment 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AFFECTED AREA.— 

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

5 area’’ means land along the approximately 116- 

6 mile stretch of the Red River, from its con7 fluence with the north fork of the Red River on 

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

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

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

11 River within the boundary depicted on the sur12 vey prepared by the Bureau of Land Manage13 ment entitled ‘‘Township 5 South, Range 14 

14 West, of the Indian Meridian, Oklahoma, De15 pendent Resurvey and Survey’’ and dated Feb16 ruary 28, 2006. 

17 (2) GRADIENT BOUNDARY SURVEY METHOD.— 

18 The term ‘‘gradient boundary survey method’’ 

19 means the measurement technique used to locate the 

20 South Bank boundary line in accordance with the 

21 methodology established in Oklahoma v. Texas, 261 

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

23 along the Red River is subject to change due to ero24 sion and accretion). 

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

26 means any individual, group, association, corporaVerDate Sep 11 2014 23:57 Nov 29, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90

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1 tion, federally recognized Indian tribe or member of 

2 such an Indian tribe, or other private or govern3 mental legal entity that owns an interest in land in 

4 the affected area. 

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

6 the Secretary of the Interior, acting through the Di7 rector of the Bureau of Land Management. 

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

9 means the water-washed and relatively permanent 

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

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

12 River that— 

13 (A) separates the bed of that river from 

14 the adjacent upland, whether valley or hill; and 

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

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

17 (1923)— 

18 (i) to confine the waters within the 

19 bed; and 

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

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

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

23 with respect to title and ownership, between the 

24 States of Oklahoma and Texas identified through 

25 the gradient boundary survey method that does not 


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1 impact or alter the permanent political boundary line 

2 between the States along the Red River, as outlined 

3 under article II, section B of the Red River Bound4 ary Compact enacted by the States and consented to 

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

6 Stat. 919). 

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

8 (a) SURVEY REQUIRED.— 

9 (1) IN GENERAL.—The Secretary shall commis10 sion a survey to identify the South Bank boundary 

11 line in the affected area. 

12 (2) REQUIREMENTS.—The survey shall— 

13 (A) adhere to the gradient boundary sur14 vey method; 

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

16 (C) be conducted by surveyors that are— 

17 (i) licensed and qualified to conduct 

18 official gradient boundary surveys; and 

19 (ii) selected jointly by and operating 

20 under the direction of— 

21 (I) the Texas General Land Of22 fice, in consultation with each affected 

23 federally recognized Indian tribe; and 

24 (II) the Oklahoma Commis25 sioners of the Land Office, in conVerDate Sep 11 2014 23:57 Nov 29, 2018 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90

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1 sultation with the attorney general of 

2 the State of Oklahoma and each af3 fected federally recognized Indian 

4 tribe; and 

5 (D) be completed not later than 2 years 

6 after the date of enactment of this Act. 

7 (b) APPROVAL.— 

8 (1) STATE APPROVAL.— 

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

10 after the date on which the survey under sub11 section (a)(1) is completed, the Secretary shall 

12 submit the survey for approval to— 

13 (i) the Texas General Land Office, in 

14 consultation with each affected federally 

15 recognized Indian tribe; and 

16 (ii) the Oklahoma Commissioners of 

17 the Land Office, in consultation with the 

18 attorney general of the State of Oklahoma 

19 and each affected federally recognized In20 dian tribe. 

21 (B) TIMING OF APPROVAL.—Not later 

22 than 60 days after the date of receipt of the 

23 survey under subparagraph (A), the Texas Gen24 eral Land Office, in consultation with each af25 fected federally recognized Indian tribe, and the 


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1 Oklahoma Commissioners of the Land Office, in 

2 consultation with the attorney general of the 

3 State of Oklahoma and each affected federally 

4 recognized Indian tribe, shall determine wheth5 er to approve the survey. 

6 (C) SURVEYS OF INDIVIDUAL PARCELS.— 

7 (i) IN GENERAL.—Surveys of indi8 vidual parcels in the affected area shall be 

9 conducted in accordance with this section. 

10 (ii) APPROVAL OR DISAPPROVAL.—A 

11 survey of an individual parcel conducted 

12 under clause (i) shall be approved or dis13 approved, on an individual basis, by the 

14 Texas General Land Office, in consultation 

15 with each affected federally recognized In16 dian tribe, and the Oklahoma Commis17 sioners of the Land Office, in consultation 

18 with the attorney general of the State of 

19 Oklahoma and each affected federally rec20 ognized Indian tribe, by not later than 60 

21 days after the date of receipt of the survey. 

22 (2) NO FEDERAL APPROVAL REQUIRED.—The 

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

24 survey of an individual parcel described in paraVerDate Sep 11 2014 23:57 Nov 29, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90

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1 graph (1)(C), shall not be submitted to the Sec2 retary for approval. 

3 (c) NOTICES.— 

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

5 the date on which a survey for an individual parcel 

6 is approved by the Texas General Land Office and 

7 the Oklahoma Commissioners of the Land Office, in 

8 consultation with the attorney general of the State 

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

10 of those offices shall submit to the Secretary— 

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

12 and 

13 (B) a copy of— 

14 (i) the survey; and 

15 (ii) any field notes relating to the in16 dividual parcel. 

17 (2) ADJACENT LANDOWNERS.—Not later than 

18 30 days after the date on which the Secretary re19 ceives a notice relating to an individual parcel under 

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

21 landowner of land adjacent to the individual par22 cel— 

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

24 and 

25 (B) a copy of— 


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1 (i) the survey; and 

2 (ii) any field notes relating to the in3 dividual parcel. 

4 SEC. 4. EFFECT OF ACT. 

5 Nothing in this Act— 

6 (1) modifies any interest of the State of Okla7 homa or Texas, or the sovereignty, property, or trust 

8 rights of any federally recognized Indian tribe, relat9 ing to land located north of the South Bank bound10 ary line, as established by the survey; 

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

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

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

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

15 (3) modifies or supersedes the Red River 

16 Boundary Compact enacted by the States of Okla17 homa and Texas and consented to by Congress pur18 suant to Public Law 106–288 (114 Stat. 919); 

19 (4) creates or reinstates any Indian reservation 

20 or any portion of such a reservation; or 

21 (5) alters any valid right of the State of Okla22 homa or the Kiowa, Comanche, or Apache Indian 

23 tribes to the mineral interest trust fund established 

24 under the Act of June 12, 1926 (44 Stat. 740, chap25 ter 572). 


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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary to carry out this Act $1,000,000. 


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Calendar No. 687 

115TH CONGRESS 

2D SESSION S. 90 

A BILL 

To survey the gradient boundary along the Red 

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

NOVEMBER 29, 2018 

Reported without amendment 


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