IIB 
115TH CONGRESS 
1ST SESSION 
H. R. 428 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 15, 2017 
Received 
MARCH 7, 2017 
Read twice and referred to the Committee on Energy and Natural Resources 
AN ACT 
To survey the gradient boundary along the Red River in 
the States of Oklahoma and Texas, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Red River Gradient 
Boundary Survey Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AFFECTED AREA.— 
(A) IN
GENERAL.—The term ‘‘affected 
area’’ means land along the approximately 116- 
mile stretch of the Red River, from its con-
fluence with the north fork of the Red River on 
the West to the 98th meridian on the east. 
(B) EXCLUSIONS.—The term ‘‘affected 
area’’ does not include the portion of the Red 
River within the boundary depicted on the sur-
vey prepared by the Bureau of Land Manage-
ment entitled ‘‘Township 5 South, Range 14 
West, of the Indian Meridian, Oklahoma, De-
pendent Resurvey and Survey’’ and dated Feb-
ruary 28, 2006. 
(2) GRADIENT BOUNDARY SURVEY METHOD.— 
The term ‘‘gradient boundary survey method’’ 
means the measurement technique used to locate the 
South Bank boundary line in accordance with the 
methodology established in Oklahoma v. Texas, 261 
U.S. 340 (1923) (recognizing that the boundary line 
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along the Red River is subject to change due to ero-
sion and accretion). 
(3) 
LANDOWNER.—The 
term 
‘‘landowner’’ 
means any individual, group, association, corpora-
tion, federally recognized Indian tribe or member of 
such an Indian tribe, or other private or govern-
mental legal entity that owns an interest in land in 
the affected area. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management. 
(5) SOUTH
BANK.—The term ‘‘South Bank’’ 
means the water-washed and relatively permanent 
elevation or acclivity (commonly known as a ‘‘cut 
bank’’) along the southerly or right side of the Red 
River that— 
(A) separates the bed of that river from 
the adjacent upland, whether valley or hill; and 
(B) usually serves, as specified in the fifth 
paragraph of Oklahoma v. Texas, 261 U.S. 340 
(1923)— 
(i) to confine the waters within the 
bed; and 
(ii) to preserve the course of the river. 
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(6) SOUTH BANK BOUNDARY LINE.—The term 
‘‘South Bank boundary line’’ means the boundary, 
with respect to title and ownership, between the 
States of Oklahoma and Texas identified through 
the gradient boundary survey method that does not 
impact or alter the permanent political boundary line 
between the States along the Red River, as outlined 
under article II, section B of the Red River Bound-
ary Compact enacted by the States and consented to 
by Congress pursuant to Public Law 106–288 (114 
Stat. 919). 
SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE. 
(a) SURVEY REQUIRED.— 
(1) IN GENERAL.—The Secretary shall commis-
sion a survey to identify the South Bank boundary 
line in the affected area. 
(2) REQUIREMENTS.—The survey shall— 
(A) adhere to the gradient boundary sur-
vey method; 
(B) span the length of the affected area; 
(C) be conducted by surveyors that are— 
(i) licensed and qualified to conduct 
official gradient boundary surveys; and 
(ii) selected jointly by and operating 
under the direction of— 
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(I) the Texas General Land Of-
fice, in consultation with each affected 
federally recognized Indian tribe; and 
(II) 
the 
Oklahoma 
Commis-
sioners of the Land Office, in con-
sultation with the attorney general of 
the State of Oklahoma and each af-
fected federally recognized Indian 
tribe; and 
(D) be completed not later than 2 years 
after the date of enactment of this Act. 
(b) APPROVAL.— 
(1) STATE APPROVAL.— 
(A) IN GENERAL.—Not later than 60 days 
after the date on which the survey under sub-
section (a)(1) is completed, the Secretary shall 
submit the survey for approval to— 
(i) the Texas General Land Office, in 
consultation with each affected federally 
recognized Indian tribe; and 
(ii) the Oklahoma Commissioners of 
the Land Office, in consultation with the 
attorney general of the State of Oklahoma 
and each affected federally recognized In-
dian tribe. 
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landowner of land adjacent to the individual par-
cel— 
(A) a notice of the approval of the survey; 
and 
(B) a copy of— 
(i) the survey; and 
(ii) any field notes relating to the in-
dividual parcel. 
SEC. 4. EFFECT OF ACT. 
Nothing in this Act— 
(1) modifies any interest of the State of Okla-
homa or Texas, or the sovereignty, property, or trust 
rights of any federally recognized Indian tribe, relat-
ing to land located north of the South Bank bound-
ary line, as established by the survey; 
(2) modifies any land patented under the Act of 
December 22, 1928 (45 Stat. 1069, chapter 47; 43 
U.S.C. 1068) (commonly known as the ‘‘Color of 
Title Act’’), before the date of enactment of this Act; 
(3) modifies or supersedes the Red River 
Boundary Compact enacted by the States of Okla-
homa and Texas and consented to by Congress pur-
suant to Public Law 106–288 (114 Stat. 919); 
(4) creates or reinstates any Indian reservation 
or any portion of such a reservation; or 
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(5) alters any valid right of the State of Okla-
homa or the Kiowa, Comanche, or Apache Indian 
tribes to the mineral interest trust fund established 
under the Act of June 12, 1926 (44 Stat. 740, chap-
ter 572). 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
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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