H.R. 428House115th Congress (2017-2019)Passed House

Red River Gradient Boundary Survey Act

Introduced January 10, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:39 AM UTC

The Red River Gradient Boundary Survey Act orders a new survey of the South Bank boundary line along a 116‑mile stretch of the Red River between Oklahoma and Texas. The survey must use the historic “gradient boundary” method and be completed within two years. The results are to be approved by the Texas and Oklahoma land offices (in consultation with affected Indian tribes) and shared with nearby landowners, but the law does not change any existing state, tribal, or federal property rights.

Key Provisions

  • Defines the “affected area” as the land along the Red River from its north‑fork confluence to the 98th meridian, excluding a specific previously surveyed parcel.
  • Requires the Secretary of the Interior (through the BLM) to commission a gradient‑boundary survey of the South Bank line, using licensed surveyors selected jointly by Texas and Oklahoma land agencies and consulted with affected Indian tribes.
  • Sets a deadline of two years to finish the survey, and a 60‑day window for Texas and Oklahoma officials to approve or reject the survey and any individual parcel surveys.
  • Mandates that approved survey results and field notes be sent to the Secretary and then provided to owners of adjacent parcels within 30 days.
  • Clarifies that the act does not alter any existing state, tribal, or federal land or mineral rights, nor does it modify the Red River Boundary Compact or other historic statutes.
  • Authorizes up to $1,000,000 in federal funds to carry out the survey.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

14 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

March 7, 2017

View full timeline
HouseIntro Referral

Introduced in House

January 10, 2017

HouseIntro Referral

Referred to the House Committee on Natural Resources.

January 10, 2017

HouseFloor

Rules Committee Resolution H. Res. 99 Reported to House. Rule provides for one hour of debate on each bill, the previous question shall be ordered on each bill without intervening motions except one motion to recommit. Both bills are closed to amendments.

February 7, 2017 • 5:20 PM

HouseCommittee

Referred to the Subcommittee on Federal Lands.

February 10, 2017

HouseFloor

Considered under the provisions of rule H. Res. 99. (consideration: CR H1154-1159)

February 14, 2017 • 3:04 PM

HouseFloor

Rule provides for one hour of debate on each bill, the previous question shall be ordered on each bill without intervening motions except one motion to recommit. Both bills are closed to amendments.

February 14, 2017 • 3:04 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 428.

February 14, 2017 • 3:05 PM

HouseFloor

The previous question was ordered pursuant to the rule.

February 14, 2017 • 3:51 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 428, the Chair put the question on adoption of the bill and by voice vote, announced that the ayes had prevailed. Ms. Hanabusa demanded the yeas and nays, and the Chair postponed further proceedings on adoption of the bill until later in the legislative day.

February 14, 2017 • 3:52 PM

HouseFloor

Considered as unfinished business. (consideration: CR H1159-1160)

February 14, 2017 • 4:15 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 250 - 171 (Roll no. 92).(text: CR H1154)

February 14, 2017 • 4:39 PM

HouseFloor

On passage Passed by the Yeas and Nays: 250 - 171 (Roll no. 92). (text: CR H1154)

February 14, 2017 • 4:39 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 14, 2017 • 4:39 PM

SenateIntro Referral

Received in the Senate.

February 15, 2017

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

March 7, 2017

Floor Debate

22 members

What members said about H.R. 428 on the floor

13 Republicans9 Democrats
Colleen Hanabusa
Rep. Colleen HanabusaD-HI-1 · Feb 14, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, Federal ownership of the land along the Red River dates back to the Louisiana Purchase. Over time, gradual changes in the course…

Tom Cole
Rep. Tom ColeR-OK-4 · Feb 14, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 99 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Feb 14, 2017

Mr. Speaker, I yield myself such time as I may consume. I thank the gentleman from Oklahoma for yielding to me the customary 30 minutes for debate. I rise to debate the rule for consideration, which…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Mar 22, 2018

Mr. Speaker, I thank our distinguished ranking member of the Appropriations Committee for yielding this time, but, more importantly, for exceptional leadership. To her and to the other members of the…

Rodney P. Frelinghuysen
Rep. Rodney P. FrelinghuysenR-NJ-11 · Mar 22, 2018

Mr. Speaker, pursuant to House Resolution 796, I call up the bill (H.R. 1625) to amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the…

Show 8 more
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 14, 2017

Mr. Speaker, I rise in strong opposition to the rule and the underlying bill. I strongly oppose this rule because it makes in order H.J. Res. 42, a bill disapproving the rule submitted by the…

Rob Bishop
Rep. Rob BishopR-UT-1 · Feb 14, 2017

Mr. Speaker, pursuant to House Resolution 99, I call up the bill (H.R. 428) to survey the gradient boundary along the Red River in the States of Oklahoma and Texas, and for other purposes, and ask…

Tom Cole
Rep. Tom ColeR-OK-4 · Mar 22, 2018

Mr. Speaker, I thank my good friend, the chairman, for yielding. Mr. Speaker, I have a formal statement I will include in the Record, but I want to begin by praising Chairman Frelinghuysen; Ranking…

Edward R. Royce
Rep. Edward R. RoyceR-CA-39 · Jan 9, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3320) to direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization,…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Mar 22, 2018

Mr. Speaker, I want to begin by thanking the chairman and the ranking member. I also want to thank their staffs for putting in incredibly long hours. This isn't just a weeklong process. This has been…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Mar 22, 2018

Mr. Speaker, today I rise in support of H.R. 1625, the ``Consolidated Appropriations Act, 2018,'' which begins to rebuild our military. I do not agree with everything in the bill, but the importance…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-17 · Mar 22, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Consolidated Appropriations Act repudiates the abysmal Trump budget, investing robustly in critical priorities like childcare,…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · Mar 22, 2018

Mr. Speaker, I thank the ranking member for yielding me time and for her incredible work on this bill, and also the chairman of the full committee, Chairman Frelinghuysen. Mr. Speaker, I rise in…

Show 11 more
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Mar 22, 2018

Mr. Speaker, not a single person has read this bill. It was filed at 8 o'clock last night. If we had put this on the floor, not a single one of those on the other side of the aisle would have voted…

Ted S. Yoho
Rep. Ted S. YohoR-FL-3 · Jan 9, 2018

Mr. Speaker, I thank the chairman, Mr. Royce, for offering this bill, or the opportunity to offer this bill. I would also like to say I, too, support H.R. 535, the Taiwan Travel Act. Mr. Speaker, I…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Feb 14, 2017

Mr. Speaker, first, let me thank Chairman Bishop for not only yielding me the time, but for his patience and diligence and understanding this issue, and I also want to thank Subcommittee Chairman…

Michael K. Simpson
Rep. Michael K. SimpsonR-ID-2 · Mar 22, 2018

Mr. Speaker, I would like to first thank my ranking member, Marcy Kaptur, for her efforts and input as we have worked through this bill over the past year and developed and completed the final fiscal…

Tom McClintock
Rep. Tom McClintockR-CA-4 · Feb 14, 2017

Mr. Speaker, I thank Congressman Thornberry for working through three congressional sessions to do justice to the property owners along the Red River. The injustice that this bill corrects is…

Barbara Lee
Rep. Barbara LeeD-CA-13 · Mar 22, 2018

Mr. Speaker, first of all, let me thank our ranking member for yielding, but also for her tireless work day and night to really help shape this bill to be, in many ways, a bipartisan bill. Also, I…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Feb 14, 2017

Mr. Speaker, I am grateful to the chairman of our committee. I appreciate the question asked by my colleague across the aisle: Why now? The answer to the question, why now, is that this Federal…

Stephanie N. Murphy
Rep. Stephanie N. MurphyD-FL-7 · Feb 14, 2017

Mr. Speaker, 2 weeks ago, I introduced H.R. 804, legislation designed to ensure that the deliberations and decisions of the National Security Council are not unreasonably influenced by partisan…

Doug LaMalfa
Rep. Doug LaMalfaR-CA-1 · Feb 14, 2017

Mr. Speaker, you know when we swear to uphold an oath to our country and to our States, a lot goes with that responsibility. We have a very sacred covenant in protecting private property rights, the…

Harold Rogers
Rep. Harold RogersR-KY-5 · Mar 22, 2018

Mr. Speaker, I thank the chairman for yielding me time. Mr. Speaker, despite his laudable efforts to complete all fiscal year 2018 House bills on time, the perpetual stalemate on unrelated matters…

Charles W. Dent
Rep. Charles W. DentR-PA-15 · Mar 22, 2018

Mr. Speaker, I am pleased and, I must say, relieved to describe for my colleagues the good news in the Military Construction/ VA division in the omnibus. At times, it seemed like we might not ever…

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued March 7, 2017

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.

1.

Short title

This Act may be cited as the Red River Gradient Boundary Survey Act.

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).

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.

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).

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.

Karen L. Haas,

Clerk