II 

116TH CONGRESS 

1ST SESSION S. 41 

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 8, 2019 

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

was read twice and 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.— 

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 1 or more independent 

13 third-party surveyors that are— 

14 (i) licensed and qualified to conduct 

15 official gradient boundary surveys; and 

16 (ii) selected by the Secretary, in con17 sultation with— 

18 (I) the Texas General Land Of19 fice; 

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

23 the State of Oklahoma; and 

24 (III) each affected federally rec25 ognized Indian Tribe; and 


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1 (D) subject to the availability of appropria2 tions, be completed not later than 2 years after 

3 the date of enactment of this Act. 

4 (b) APPROVAL OF THE BOUNDARY SURVEY.— 

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

6 the date on which the survey or a portion of the sur7 vey under subsection (a)(1) is completed, the Sec8 retary shall submit the survey for approval to— 

9 (A) the Texas General Land Office; 

10 (B) the Oklahoma Commissioners of the 

11 Land Office, in consultation with the attorney 

12 general of the State of Oklahoma; and 

13 (C) each affected federally recognized In14 dian Tribe. 

15 (2) TIMING OF APPROVAL.—Not later than 60 

16 days after the date on which each of the Texas Gen17 eral Land Office, the Oklahoma Commissioners of 

18 the Land Office, in consultation with the attorney 

19 general of the State of Oklahoma, and each affected 

20 federally recognized Indian Tribe notify the Sec21 retary of the approval of the boundary survey or a 

22 portion of the survey by the applicable office or fed23 erally recognized Indian Tribe, the Secretary shall 

24 determine whether to approve the survey or portion 

25 of the survey, subject to paragraph (4). 


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1 (3) SUBMISSION OF PORTIONS OF SURVEY FOR

2 APPROVAL.—As portions of the survey are com3 pleted, the Secretary may submit the completed por4 tions of the survey for approval under paragraph 

5 (1). 

6 (4) WRITTEN APPROVAL.—The Secretary shall 

7 only approve the survey, or a portion of the survey, 

8 that has the written approval of each of— 

9 (A) the Texas General Land Office; 

10 (B) the Oklahoma Commissioners of the 

11 Land Office, in consultation with the attorney 

12 general of the State of Oklahoma; and 

13 (C) each affected federally recognized In14 dian Tribe. 

15 SEC. 4. SURVEY OF INDIVIDUAL PARCELS. 

16 Surveys of individual parcels in the affected area 

17 shall be conducted in accordance with the boundary survey 

18 approved under section 3(b). 

19 SEC. 5. NOTICE AND AVAILABILITY OF SURVEY. 

20 Not later than 60 days after the date on which the 

21 boundary survey is approved under section 3(b), the Sec22 retary shall— 

23 (1) publish notice of the approval of the survey 

24 in— 

25 (A) the Federal Register; and 


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1 (B) 1 or more local newspapers; and 

2 (2) on request, furnish to any landowner a copy 

3 of— 

4 (A) the survey; and 

5 (B) any field notes relating to— 

6 (i) the individual parcel of the land7 owner; or 

8 (ii) any individual parcel adjacent to 

9 the individual parcel of the landowner. 

10 SEC. 6. EFFECT OF ACT. 

11 Nothing in this Act— 

12 (1) modifies any interest of the State of Okla13 homa or Texas, or the sovereignty, property, or trust 

14 rights of any federally recognized Indian Tribe, re15 lating to land located north of the South Bank 

16 boundary line, as established by the survey; 

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

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

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

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

21 (3) modifies or supersedes the Red River 

22 Boundary Compact enacted by the States of Okla23 homa and Texas and consented to by Congress pur24 suant to Public Law 106–288 (114 Stat. 919); 


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1 (4) creates or reinstates any Indian reservation 

2 or any portion of such a reservation; 

3 (5) modifies any interest or any property or 

4 trust rights of any individual Indian allottee; or 

5 (6) alters any valid right of the State of Okla6 homa or the Kiowa, Comanche, or Apache Indian 

7 tribes to the mineral interest trust fund established 

8 under the Act of June 12, 1926 (44 Stat. 740, chap9 ter 572). 

10 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated to the Sec12 retary to carry out this Act $1,000,000. 

Æ 


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