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S. 41Senate116th Congress (2019-2021)In Committee

Red River Gradient Boundary Survey Act

Sponsored by John CornynSen. John Cornyn (R-TX)
Introduced January 8, 2019

AI-Generated Summary

Updated April 13, 2026 at 11:56 PM UTC

The Red River Gradient Boundary Survey Act directs the Interior Department to conduct a detailed survey of the South Bank boundary along a 116‑mile stretch of the Red River between Oklahoma and Texas. The survey will use the historic “gradient boundary” method to pinpoint the river’s shifting bank, and the results will be shared with landowners, state land offices, and affected Native American tribes. The bill provides $1 million for the work but does not change any existing state, tribal, or private property rights.

Key Provisions

  • The Secretary of the Interior must commission an independent, licensed surveyor (or team) to map the South Bank boundary line using the gradient boundary method, covering the entire defined area.
  • The surveyors are to be selected in consultation with the Texas General Land Office, the Oklahoma Commissioners of the Land Office (and Oklahoma’s attorney general), and each federally recognized Indian tribe that owns land in the area.
  • The completed survey (or portions of it) must receive written approval from Texas, Oklahoma, and all affected tribes before the Secretary can formally approve it.
  • Within 60 days of approval, the Secretary must publish notice of the survey in the Federal Register and local newspapers, and provide copies of the survey and field notes to any landowner who requests them.
  • The act explicitly states that it does not alter any existing state, tribal, or private land rights, nor does it affect prior compacts or mineral trust funds.
  • An appropriation of up to $1 million is authorized to fund the survey.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

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

Energy and Natural Resources Committee

January 8, 2019

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SenateIntro Referral

Introduced in Senate

January 8, 2019

SenateIntro Referral

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

Energy and Natural Resources Committee

January 8, 2019

Bill Text

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Introduced in SenateIssued January 8, 2019

II

116th CONGRESS

1st Session

S. 41

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.

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 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.

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).

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.

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).

7.

Authorization of appropriations

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