```

[House Report 106-770]
[From the U.S. Government Publishing Office]

                                                                       
106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-770

======================================================================

 
 GRANTING THE CONSENT OF THE CONGRESS TO THE RED RIVER BOUNDARY COMPACT

                                _______
                                

   July 20, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                      [To accompany H.J. Res. 72]

    The Committee on the Judiciary, to whom was referred the 
joint resolution (H.J. Res. 72) granting the consent of the 
Congress to the Red River Boundary Compact, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the joint resolution as amended do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           1
Purpose and Summary........................................           2
Background and Need for the Legislation....................           2
Hearings...................................................           3
Committee Consideration....................................           4
Committee Oversight Findings...............................           4
Committee on Government Reform Findings....................           4
New Budget Authority and Tax Expenditures..................           4
Committee Cost Estimate....................................           4
Constitutional Authority Statement.........................           4
Section-by-Section Analysis and Discussion.................           4
Agency Views...............................................           5

    The amendment is as follows:
    Strike all after the resolving clause and insert the 
following:

SECTION 1. CONGRESSIONAL CONSENT.

    (a) In General.--The consent of Congress is given to the Red River 
Compact entered into between the States of Texas and Oklahoma and the 
new boundary established by the compact.
    (b) New Compact.--The compact referred to in subsection (a) sets 
the boundary between the States of Texas and Oklahoma as the vegetation 
line on the south bank of the Red River (except for the Texoma area 
where the boundary is established pursuant to procedures provided for 
in the compact) and is the compact--
            (1) agreed to by the State of Texas in House Bill 1355 
        approved by the Governor of Texas on May 24, 1999; and
            (2) agreed to by the State of Oklahoma in Senate Bill 175 
        approved by the Governor of Oklahoma on June 4, 1999.
    (c) Compact.--The Acts referred to in subsection (b) are recognized 
by Congress as an interstate compact pursuant to section 10 of Article 
I of the United States Constitution.
    (d) Construction.--The compact shall not in any manner alter--
            (1) any present or future rights and interests of the 
        Kiowa, Comanche, and Apache Tribes, the Chickasaw Nation, and 
        the Choctaw Nation of Oklahoma 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), that exist now or that may be 
        established in the future under Federal law; and
            (5) the sovereign rights, jurisdiction, or other 
        governmental interests of the Kiowa, Comanche, and Apache 
        Tribes, the Chickasaw Nation, and the Choctaw Nation of 
        Oklahoma and their members or Indian successors-in interest 
        presently existing or which may be acknowledged by Federal and 
        tribal law.
    (e) Effective Date.--This Act shall take effect on August 31, 2000.

                          Purpose and Summary

    H.J. Res. 72 grants the consent of Congress to the Red 
River Boundary Compact establishing a more definite State 
border between Texas and Oklahoma.

                Background and Need for the Legislation

    Article I, section 10, clause 3 of the United States 
Constitution provides, ``No State shall, without the Consent of 
Congress . . . enter into any Agreement or Compact with another 
State, or with a foreign power. . . .''
    Congressional consent is required for such agreements and 
compacts to ensure that they do not work to the detriment of 
another State and that they do not conflict with Federal law or 
Federal interests.
    A large portion of the boundary between Oklahoma and Texas 
has historically been the Red River, originally the southern 
limit of the Louisiana Purchase.\1\ The Red River, however, is 
subject to the forces of nature and, thus, is destined to 
change continually. Water levels rise, the river at times 
diverges into several streams, and erosion and deposits of 
alluvial sand all contribute to constantly changing the south 
bank boundary line between Oklahoma and Texas.
---------------------------------------------------------------------------
    \1\ Louisiana was purchased by the United States from France in 
1803 for $15 million. Prior to its ownership by France, the area had 
been in the possession of Spain, although its precise boundaries were 
somewhat indefinite. In 1819, Secretary of State John Quincy Adams 
completed negotiations with Spain over the possession of Florida in the 
Transcontinental Treaty. The Treaty fixed the western boundary of the 
Louisiana Purchase at the Pacific Ocean (encompassing and area which 
had already been explored by Lewis and Clark) and set the Purchase's 
southern boundary with the Spanish possession of Texas at the southern 
bank of the Red River. In that treaty, Spain renounced its claim to 
Florida and the United States renounced its claim to Texas. After an 
armed struggle for independence, Texas became a republic in 1836 and, 
following approval by Texans of a Congressional resolution of 
annexation, Texas was eventually admitted into the Union on December 
22, 1845. Oklahoma was admitted to the Union on November 16, 1907. The 
Red River boundary between the two States extends for a distance of 
approximately 517 miles.
---------------------------------------------------------------------------
    As a result, the use of the river as a sound political 
boundary has been problematic. While the border established by 
the Transcontinental Treaty was maintained with Mexico from 
1824 and Texas from 1836, over the course of the next 170 years 
the boundary frequently generated sundry property disputes and 
skirmishes.
    In 1996, Oklahoma and Texas established the Red River 
Boundary Commission to clarify an appropriate, practical 
boundary line between the two States. It recommended that the 
boundary be changed from the gradiant line of the south bank to 
the ``vegetation line'' of the south bank of the Red River to 
produce a more stable and more clearly visible border. The 
legislatures of the respective States passed the Red River 
Boundary Compact \2\ and H.J. Res. 72 was introduced granting 
the Congressional approval required by the Constitution.
---------------------------------------------------------------------------
    \2\ House Bill 1355 was approved by the Governor of Texas on May 
24, 1999 and Senate Bill 175 was approved by the Governor of Oklahoma 
on June 4, 1999.
---------------------------------------------------------------------------
    On October 26, 1999, the Subcommittee on Commercial and 
Administrative Law held a hearing and markup on H.J. Res. 72, 
and reported it to the Committee on the Judiciary. However, 
both before and after its action, concerns were expressed by 
representatives of several Indian nations concerning the effect 
of the Compact on their lands and rights. Specifically, three 
Indian tribes, the Kiowa, the Comanche, and the Apache (the 
KCA) were concerned about how the proposed resolution of the 
boundary would impact on their land rights and their rights to 
royalties from oil and gas sites located along the border of 
Oklahoma and Texas.
    During Full Committee consideration, an amendment was 
adopted clarifying that Congressional approval of the Compact 
does not alter the boundaries, the rights or the jurisdiction 
of the KCA tribes or those of the Chickasaw or Choctaw Nations 
which are, or in the future may be, established under Federal 
law. H.J. Res. 72 thus eliminates the problem of an 
inconsistent State boundary while ensuring that the rights and 
interests of the KCA, the Choctaw and Chickasaw Nations will be 
held harmless by Congress' approval of the Compact.

                                Hearings

    The committee's Subcommittee on Commercial and 
Administrative Law held one day of hearings on H. J. Res. 72 on 
October 26, 1999. Testimony was received from the Honorable Mac 
Thornberry, United States House of Representatives, Thirteenth 
District of the State of Texas; the Honorable Max Sandlin, 
United States House of Representatives, First District of the 
State of Texas; The Honorable David B. Braddock, the Oklahoma 
House of Representatives, District 52, Altus, Oklahoma; Eric 
Sigsbey, Esquire, General Counsel, Texas General Land Office, 
Austin, Texas, with additional material submitted by the Kiowa, 
Comanche, and Apache Intertribal Land Use Committee.

                        Committee Consideration

    On October 26, 1999, the Subcommittee on Commercial and 
Administrative Law met in open session and ordered favorably 
reported H.J. Res. 72, as amended, by a voice vote, a quorum 
being present. On July 19, 2000, the committee met in open 
session and ordered favorably reported H.J. Res. 72 with an 
amendment by a voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the committee believes that 
the resolution will have no cost for the current fiscal year, 
and none for the next five fiscal years. At the time of the 
filing of this report, the Congressional Budget Office estimate 
was not available.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in article I, section 10, clause 3 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    Section one, subparagraph (a), grants Congressional consent 
to the Red River Compact entered into between the States of 
Texas and Oklahoma and the new boundary established by it, 
Subparagraph (b), provides that the compact sets that new 
boundary as the vegetation line on the south bank of the Red 
River (except for the Texoma, area, where the boundary is to be 
established as provided in the compact after subsequent 
deliberations by the two States). It specifies that it is the 
compact that Texas agreed to by House Bill 1355 (approved by 
the Governor of Texas on May 24, 1999) and agreed to by 
Oklahoma in Senate Bill 175 (approved by the Governor of 
Oklahoma on June 4, 1999). Subparagraph (c) references the 
actions of the States as an interstate compact pursuant to 
article I, section 10 of the United States Constitution. 
Subparagraph (d) clarifies that the compact shall in no way 
alter: (1) the present or future rights and interests of the 
Kiowa, Comanche, and Apache Tribes, the Chickasaw and Choctaw 
Nations 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 land owned by the above named 
tribes and nations (including tribal and allotted lands 
referred to in paragraphs (2) and (3), that exist now or that 
may be established in the future under Federal law) and (5) the 
sovereign rights, jurisdiction, or other governmental interests 
of the above-named tribes and nations and their members or 
Indian successors in interest presently existing or which may 
be acknowledged by Federal and tribal law. Subparagraph (e) 
provides that the effective date is August 31, 2000.

                              Agency Views

                        Department of the Interior,
                                  Washington, DC, November 9, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Department understands that H. J. 
Res. 72, ``a joint resolution granting the consent of Congress 
to the Red River Boundary Compact'' (Compact) will soon be 
subject to a vote by the Committee. The Compact embodies an 
agreement between the State of Texas and the State of Oklahoma 
to establish the vegetation line of the south boundary of the 
Red River as the boundary between the two states. Although we 
support enactment of H. J. Res. 72, we are concerned about its 
effect on the Indian Tribes and their members who may hold 
beneficial interest in lands that border the north bank of the 
Red River in Oklahoma. Those Tribes are the Kiowa, Comanche, 
Apache, Chickasaw and Choctaw and their members.
    The Red River is owned from the north bank to the thread by 
riparian land owners; lands underlying the thread to the south 
bank are federal public lands administered by the Bureau of 
Land management. We have identified 1,600 acres of land held in 
trust for the Chickasaw and Choctaw Nations, twenty-six trust 
allotments held by Kiowa, Comanche and Apache (KCA) Tribes and 
approximately twenty-five restricted allotments held by members 
of the Chickasaw and Choctaw Nations that border the Red River. 
The Act of June 12, 1926, created a trust fund from monies 
derived from oil and gas deposits underlying the federal lands 
from the mouth of the North Fork of the Red River along the 
river to the 98th meridian for the benefit of enrolled members 
of the KCA Tribes and their unallotted children. The 1926 Act 
provides that 62\1/2\ percent of any mineral royalties are to 
be distributed to the KCA members, 37\1/2\ percent are to be 
distributed to the State of Oklahoma.
    Our concern is two fold. First, the movement of the Red 
River, and thus, the vegetation line, is inevitable. The state 
proponents of the Compact admit that while property title 
rights are unaffected by the Compact, it is likely that the 
legal location of some property could change from one state to 
the other. The Indian trust allotments were carved from the 
Oklahoma Tribes' former reservations and treaty lands. Over the 
past century, federal courts in Oklahoma have interpreted the 
nature of the federally allotted and tribal lands, and the 
federal government has administered the trust allotments in 
reliance upon that body of law. The surface and mineral 
interests of the Indian landowners who hold the beneficial 
title to the allotments, as well as the right of all KCA 
members to receive royalties from minerals underlying a portion 
of the riverbed, constitute property rights that may not be 
diminished by the operation of the Compact. In the absence of 
clarifying language which addresses the continued nature of the 
trust and restricted allotments and the tribal trust lands, 
confusion as to the legal authorities and correlative rights of 
the Indian landowners could result.
    Second, the inherent tribal sovereignty of the Oklahoma 
Tribes over tribal and allotted lands emanates from the 
location of those lands as existing within the boundaries of 
their former reservations in Oklahoma. Important judicial and 
administrative decisions have been made concerning the civil 
and criminal jurisdiction of the Oklahoma Tribes based on the 
historical evolution of those lands from the Indian and 
Oklahoma Territories. Any change in the legal location of the 
Indian trust and restricted lands could result in uncertainty 
as to the applicability of tribal and federal legal authority 
and the assertion of tribal jurisdiction over these lands.
    For these reasons, we propose the following amendment to H. 
J. Res. 72. ``The Compact shall not affect or diminish any 
present or future rights and interest of the Kiowa, Comanche 
and Apache Tribes, the Chickasaw Nation and the Choctaw Nation 
of Oklahoma, and their members or successors in interests, nor 
any boundaries, that are now, or may be established, under 
federal law, nor shall this Compact affect or abate the 
sovereign rights, jurisdiction, or other governmental 
interests, of the Kiowa, Comanche and Apache Tribes, the 
Chickasaw Nation and the Choctaw Nation of Oklahoma, presently 
existing, or which may be acknowledged, by federal and tribal 
law.''
            Sincerely,
                      Bruce Babbitt, Secretary of Interior.

cc:
        Honorable John Conyers, Jr.
        Ranking Minority Member
```