[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 41 Introduced in Senate (IS)]

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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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 confluence 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 survey prepared by the Bureau 
                of Land Management entitled ``Township 5 South, Range 
                14 West, of the Indian Meridian, Oklahoma, Dependent 
                Resurvey and Survey'' and dated February 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 along the Red River 
        is subject to change due to erosion and accretion).
            (3) Landowner.--The term ``landowner'' means any 
        individual, group, association, corporation, federally 
        recognized Indian tribe or member of such an Indian tribe, or 
        other private or governmental 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 Director 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.
            (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 Boundary 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 commission a survey to 
        identify the South Bank boundary line in the affected area.
            (2) Requirements.--The survey shall--
                    (A) adhere to the gradient boundary survey method;
                    (B) span the length of the affected area;
                    (C) be conducted by 1 or more independent third-
                party surveyors that are--
                            (i) licensed and qualified to conduct 
                        official gradient boundary surveys; and
                            (ii) selected by the Secretary, in 
                        consultation with--
                                    (I) the Texas General Land Office;
                                    (II) the Oklahoma Commissioners of 
                                the Land Office, in consultation with 
                                the attorney general of the State of 
                                Oklahoma; and
                                    (III) each affected federally 
                                recognized Indian Tribe; and
                    (D) subject to the availability of appropriations, 
                be completed not later than 2 years after the date of 
                enactment of this Act.
    (b) Approval of the Boundary Survey.--
            (1) In general.--Not later than 60 days after the date on 
        which the survey or a portion of the survey under subsection 
        (a)(1) is completed, the Secretary shall submit the survey for 
        approval to--
                    (A) the Texas General Land Office;
                    (B) the Oklahoma Commissioners of the Land Office, 
                in consultation with the attorney general of the State 
                of Oklahoma; and
                    (C) each affected federally recognized Indian 
                Tribe.
            (2) Timing of approval.--Not later than 60 days after the 
        date on which each of the Texas General Land Office, the 
        Oklahoma Commissioners of the Land Office, in consultation with 
        the attorney general of the State of Oklahoma, and each 
        affected federally recognized Indian Tribe notify the Secretary 
        of the approval of the boundary survey or a portion of the 
        survey by the applicable office or federally recognized Indian 
        Tribe, the Secretary shall determine whether to approve the 
        survey or portion of the survey, subject to paragraph (4).
            (3) Submission of portions of survey for approval.--As 
        portions of the survey are completed, the Secretary may submit 
        the completed portions of the survey for approval under 
        paragraph (1).
            (4) Written approval.--The Secretary shall only approve the 
        survey, or a portion of the survey, that has the written 
        approval of each of--
                    (A) the Texas General Land Office;
                    (B) the Oklahoma Commissioners of the Land Office, 
                in consultation with the attorney general of the State 
                of Oklahoma; and
                    (C) each affected federally recognized Indian 
                Tribe.

SEC. 4. SURVEY OF INDIVIDUAL PARCELS.

    Surveys of individual parcels in the affected area shall be 
conducted in accordance with the boundary survey approved under section 
3(b).

SEC. 5. NOTICE AND AVAILABILITY OF SURVEY.

    Not later than 60 days after the date on which the boundary survey 
is approved under section 3(b), the Secretary shall--
            (1) publish notice of the approval of the survey in--
                    (A) the Federal Register; and
                    (B) 1 or more local newspapers; and
            (2) on request, furnish to any landowner a copy of--
                    (A) the survey; and
                    (B) any field notes relating to--
                            (i) the individual parcel of the landowner; 
                        or
                            (ii) any individual parcel adjacent to the 
                        individual parcel of the landowner.

SEC. 6. EFFECT OF ACT.

    Nothing in this Act--
            (1) modifies any interest of the State of Oklahoma or 
        Texas, or the sovereignty, property, or trust rights of any 
        federally recognized Indian Tribe, relating to land located 
        north of the South Bank boundary 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 Oklahoma and Texas and consented to by 
        Congress pursuant to Public Law 106-288 (114 Stat. 919);
            (4) creates or reinstates any Indian reservation or any 
        portion of such a reservation;
            (5) modifies any interest or any property or trust rights 
        of any individual Indian allottee; or
            (6) alters any valid right of the State of Oklahoma 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, chapter 572).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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