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H.R. 428 - Red River Gradient Boundary Survey Act

Introduced: 2017-02-14
Bill Status: Read twice and referred to the Committee on Energy and Natural Resources.
 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Red River Gradient Boundary Survey Act

(Sec. 3) This bill directs the Bureau of Land Management (BLM) to commission a survey to identify the South Bank boundary line with respect to land along a specified 116-mile stretch of the Red River in Oklahoma and Texas (the affected area).

The survey shall:

  • adhere to the gradient boundary survey method;
  • span the length of the affected area;
  • be conducted by surveyors who are licensed and qualified to conduct official gradient boundary surveys, and selected by and operating under the direction of the Texas General Land Office and the Oklahoma Commissioners of the Land Office (the offices); and
  • be completed within two years of enactment of this bill.

The BLM shall submit the survey to the offices for approval. The offices shall determine whether to approve the survey within 60 days after receiving it.

Surveys of individual parcels in the affected area shall be conducted according to the requirements for the survey of the South Bank boundary line. A parcel survey also shall be approved or disapproved by the offices within 60 days of receipt.

Neither the South Bank boundary survey nor any parcel survey shall be submitted to the BLM for approval.

After a survey for an individual parcel has been approved, the offices shall submit to the BLM:

  • a notice of the approval of such survey; and
  • a copy of such survey and any field notes related to the parcel.

After receiving a notice of the approval of a survey related to an individual parcel, the BLM shall provide to each landowner of land adjacent to that parcel:

  • such notice; and
  • a copy of such survey and any field notes related to the parcel.

Full Text


115th CONGRESS
1st Session
H. R. 428


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 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 surveyors that are—

(i) licensed and qualified to conduct official gradient boundary surveys; and

(ii) selected jointly by and operating under the direction of—

(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 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 subsection (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 Indian tribe.

(B) TIMING OF APPROVAL.—Not later than 60 days after the date of receipt of the survey under subparagraph (A), the Texas General Land Office, in consultation with each affected federally recognized Indian tribe, and 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, shall determine whether to approve the survey.

(C) SURVEYS OF INDIVIDUAL PARCELS.—

(i) IN GENERAL.—Surveys of individual parcels in the affected area shall be conducted in accordance with this section.

(ii) APPROVAL OR DISAPPROVAL.—A survey of an individual parcel conducted under clause (i) shall be approved or disapproved, on an individual basis, by the Texas General Land Office, in consultation with each affected federally recognized Indian tribe, and 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, by not later than 60 days after the date of receipt of the survey.

(2) NO FEDERAL APPROVAL REQUIRED.—The survey conducted under subsection (a)(1), and any survey of an individual parcel described in paragraph (1)(C), shall not be submitted to the Secretary for approval.

(c) Notices.—

(1) SECRETARY.—Not later than 60 days after the date on which a survey for an individual parcel is approved by the Texas General Land Office and the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma, under subsection (b)(1)(C), the heads of those offices shall submit to the Secretary—

(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 individual parcel.

(2) ADJACENT LANDOWNERS.—Not later than 30 days after the date on which the Secretary receives a notice relating to an individual parcel under paragraph (1), the Secretary shall provide to each landowner of land adjacent to the individual parcel—

(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 individual parcel.

SEC. 4. 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; or

(5) 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. 5. Authorization of appropriations.

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

Passed the House of Representatives February 14, 2017.

Attest:





Clerk.  


115th CONGRESS
     1st Session
H. R. 428

AN ACT
    To survey the gradient boundary along the Red River in the States of Oklahoma and Texas, and for other purposes.

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