II 

115TH CONGRESS 

1ST SESSION H. R. 428 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2017 

Received 

AN ACT 

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, 

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1 SECTION 1. SHORT TITLE. 

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

3 Boundary Survey Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) AFFECTED AREA.— 

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

8 area’’ means land along the approximately 116- 

9 mile stretch of the Red River, from its con10 fluence with the north fork of the Red River on 

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

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

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

14 River within the boundary depicted on the sur15 vey prepared by the Bureau of Land Manage16 ment entitled ‘‘Township 5 South, Range 14 

17 West, of the Indian Meridian, Oklahoma, De18 pendent Resurvey and Survey’’ and dated Feb19 ruary 28, 2006. 

20 (2) GRADIENT BOUNDARY SURVEY METHOD.— 

21 The term ‘‘gradient boundary survey method’’ 

22 means the measurement technique used to locate the 

23 South Bank boundary line in accordance with the 

24 methodology established in Oklahoma v. Texas, 261 

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

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1 along the Red River is subject to change due to ero2 sion and accretion). 

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

4 means any individual, group, association, corpora5 tion, federally recognized Indian tribe or member of 

6 such an Indian tribe, or other private or govern7 mental legal entity that owns an interest in land in 

8 the affected area. 

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

10 the Secretary of the Interior, acting through the Di11 rector of the Bureau of Land Management. 

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

13 means the water-washed and relatively permanent 

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

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

16 River that— 

17 (A) separates the bed of that river from 

18 the adjacent upland, whether valley or hill; and 

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

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

21 (1923)— 

22 (i) to confine the waters within the 

23 bed; and 

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

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

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

3 with respect to title and ownership, between the 

4 States of Oklahoma and Texas identified through 

5 the gradient boundary survey method that does not 

6 impact or alter the permanent political boundary line 

7 between the States along the Red River, as outlined 

8 under article II, section B of the Red River Bound9 ary Compact enacted by the States and consented to 

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

11 Stat. 919). 

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

13 (a) SURVEY REQUIRED.— 

14 (1) IN GENERAL.—The Secretary shall commis15 sion a survey to identify the South Bank boundary 

16 line in the affected area. 

17 (2) REQUIREMENTS.—The survey shall— 

18 (A) adhere to the gradient boundary sur19 vey method; 

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

21 (C) be conducted by surveyors that are— 

22 (i) licensed and qualified to conduct 

23 official gradient boundary surveys; and 

24 (ii) selected jointly by and operating 

25 under the direction of— 

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1 (I) the Texas General Land Of2 fice, in consultation with each affected 

3 federally recognized Indian tribe; and 

4 (II) the Oklahoma Commis5 sioners of the Land Office, in con6 sultation with the attorney general of 

7 the State of Oklahoma and each af8 fected federally recognized Indian 

9 tribe; and 

10 (D) be completed not later than 2 years 

11 after the date of enactment of this Act. 

12 (b) APPROVAL.— 

13 (1) STATE APPROVAL.— 

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

15 after the date on which the survey under sub16 section (a)(1) is completed, the Secretary shall 

17 submit the survey for approval to— 

18 (i) the Texas General Land Office, in 

19 consultation with each affected federally 

20 recognized Indian tribe; and 

21 (ii) the Oklahoma Commissioners of 

22 the Land Office, in consultation with the 

23 attorney general of the State of Oklahoma 

24 and each affected federally recognized In25 dian tribe. 

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1 (B) TIMING OF APPROVAL.—Not later 

2 than 60 days after the date of receipt of the 

3 survey under subparagraph (A), the Texas Gen4 eral Land Office, in consultation with each af5 fected federally recognized Indian tribe, and the 

6 Oklahoma Commissioners of the Land Office, in 

7 consultation with the attorney general of the 

8 State of Oklahoma and each affected federally 

9 recognized Indian tribe, shall determine wheth10 er to approve the survey. 

11 (C) SURVEYS OF INDIVIDUAL PARCELS.— 

12 (i) IN GENERAL.—Surveys of indi13 vidual parcels in the affected area shall be 

14 conducted in accordance with this section. 

15 (ii) APPROVAL OR DISAPPROVAL.—A 

16 survey of an individual parcel conducted 

17 under clause (i) shall be approved or dis18 approved, on an individual basis, by the 

19 Texas General Land Office, in consultation 

20 with each affected federally recognized In21 dian tribe, and the Oklahoma Commis22 sioners of the Land Office, in consultation 

23 with the attorney general of the State of 

24 Oklahoma and each affected federally recmstockstill on DSK3G9T082PROD with BILLS

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1 ognized Indian tribe, by not later than 60 

2 days after the date of receipt of the survey. 

3 (2) NO FEDERAL APPROVAL REQUIRED.—The 

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

5 survey of an individual parcel described in para6 graph (1)(C), shall not be submitted to the Sec7 retary for approval. 

8 (c) NOTICES.— 

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

10 the date on which a survey for an individual parcel 

11 is approved by the Texas General Land Office and 

12 the Oklahoma Commissioners of the Land Office, in 

13 consultation with the attorney general of the State 

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

15 of those offices shall submit to the Secretary— 

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

17 and 

18 (B) a copy of— 

19 (i) the survey; and 

20 (ii) any field notes relating to the in21 dividual parcel. 

22 (2) ADJACENT LANDOWNERS.—Not later than 

23 30 days after the date on which the Secretary re24 ceives a notice relating to an individual parcel under 

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

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1 landowner of land adjacent to the individual par2 cel— 

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

4 and 

5 (B) a copy of— 

6 (i) the survey; and 

7 (ii) any field notes relating to the in8 dividual parcel. 

9 SEC. 4. EFFECT OF ACT. 

10 Nothing in this Act— 

11 (1) modifies any interest of the State of Okla12 homa or Texas, or the sovereignty, property, or trust 

13 rights of any federally recognized Indian tribe, relat14 ing to land located north of the South Bank bound15 ary line, as established by the survey; 

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

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

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

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

20 (3) modifies or supersedes the Red River 

21 Boundary Compact enacted by the States of Okla22 homa and Texas and consented to by Congress pur23 suant to Public Law 106–288 (114 Stat. 919); 

24 (4) creates or reinstates any Indian reservation 

25 or any portion of such a reservation; or 

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1 (5) alters any valid right of the State of Okla2 homa or the Kiowa, Comanche, or Apache Indian 

3 tribes to the mineral interest trust fund established 

4 under the Act of June 12, 1926 (44 Stat. 740, chap5 ter 572). 

6 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to the Sec8 retary to carry out this Act $1,000,000. 

Passed the House of Representatives February 14, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 

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