,,ib ,union ,calendar ,no4 #eca #aacth ,,congress #b;d ,session ,h4 ,r4 #digi ,report ,no4 #aac-gjj ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjad ,mr4 ,thornberry 7for himself1 ,mr4 ,flores1 ,mr4 ,marchant1 ,mr4 ,burgess1 and ,mr4 ,neugebauer7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #bb1 #bjad ,additional sponsors3 ,mr4 ,stockman1 ,mr4 ,mc,caul1 ,mr4 ,weber of ,texas1 ,mr4 ,farenthold1 ,mr4 ,gohmert1 ,mr4 ,olson1 ,mr4 ,lankford1 ,mr4 ,carter1 and ,mr4 ,sam ,johnson of ,texas ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,june #bf1 #bjad ,a ,,bill ,to provide legal certainty to property owners along the ,red ,river in ,texas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,red ,river ,private ,property ,protection ,act4 #b4 ,disclaimer of interest ,the ,secretary hereby disclaims any right1 title1 and interest to all ,red ,river lands located south of the ,south ,bank of the ,red ,river4 ,this ,act does not change or affect in any manner the sovereignty rights of federally recognized ,indian tribes over lands located to the north of the ,south ,bank of the ,red ,river4 ,tribal sovereignty rights continue to be established and defined by controlling ,federal law4 #c4 ,claims process and issuance of deeds 7a7 ,in general ,the ,secretary shall relinquish1 disclaim1 and shall transfer by special warranty deed all right1 title1 and interest of the ,united ,states in and to ,red ,river lands to any claimant who demonstrates to the satisfaction of the ,secretary that the claimant-- 7#a7 holds all right1 title1 and interest under a chain of title for at least #cj years from the time of submission2 7#b7 has a deed recorded in the appropriate county2 and 7#c7 has paid all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency4 7b7 ,public ,notification ,the ,secretary shall publish in the ,federal ,register and on official and appropriate ,web sites the process to receive written and_/or electronic submissions of the documents required under subsection 7a74 ,the ,secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection 7a74 7c7 ,standard of ,approval ,the ,secretary shall accept all official county and ,state records as filed in the county on the date of submission proving right1 title1 and interest1 including all land accreted to those lands identified by such records by the processes of erosion and accretion4 7d7 ,time ,period for ,approval or ,disapproval of ,request ,the ,secretary shall approve or disapprove a request for a special warranty deed under subsection 7a7 not later than #ahj days after the date on which the written request is received by the ,secretary4 ,if the ,secretary fails to approve or disapprove such a request by the end of such #ahj-;day period1 the request shall be deemed to be approved4 7e7 ,requirements for decision ,any final decision by the ,secretary must contain-- 7#a7 a field note description used to determine the property claim1 which must be-- 7,a7 sufficient to locate the land on the ground2 7,b7 consistent with the claimant's deed2 and 7,c7 include all land accreted to the claimant by the processes of erosion and accretion2 7#b7 an accurate plat of the land that is-- 7,a7 consistent with the field notes2 and 7,b7 prepared by a ,texas licensed ,state land surveyor2 and 7#c7 any other matters required by law or as the ,secretary considers appropriate consistent with the provisions and intent of this ,act4 #d4 ,administrative hearing 7a7 ,in general ,the ,secretary shall establish procedures for an administrative hearing-- 7#a7 for a claimant to appeal the final decision made pursuant to section #c regarding a claim by ,secretary to the claimant's property2 and 7#b7 to adjudicate disputes between two or more private property owners who have interest claims that overlap pursuant to documents submitted under section #c4 7b7 ,judicial resolution ,if after the final determination has been issued under subsection 7a7 and the private property owner disputes the decision1 the private property owner may pursue a claim in a ,federal district court within the ,state of ,texas4 #e4 ,resource ,management ,plan ,the ,secretary shall ensure that no parcels of ,red ,river lands are treated as ,federal land for the purpose of any resource management plan until the ,secretary has ensured that such parcels are not subject to transfer under section #c4 #f4 ,construction ,nothing in this ,act shall alter-- 7#a7 any present or future rights and interests of the ,kiowa1 ,comanche1 and ,apache ,tribes and their members or ,indian successors-in interest2 7#b7 any tribal trust lands2 7#c7 allotted lands that may be held in trust or lands subject to a ,federal restriction against alienation2 7#d7 any boundaries of lands owned by the tribes referred to in paragraph 7#a71 including lands referred to in paragraphs 7#b7 and 7#c71 pursuant to the gradient boundary survey method2 and 7#e7 the sovereign rights1 jurisdiction1 or other governmental interests of the ,kiowa1 ,comanche1 and ,apache ,tribes and their members or ,indian successors-in interest existing or which may be acknowledged by ,federal and tribal law4 #g4 ,sale of remaining red river surface rights 7a7 ,competitive sale of identified ,federal lands ,after the ,secretary has ensured that ,red ,river lands parcels are not subject to transfer under section #c1 the ,secretary shall offer any and all such remaining identified ,federal lands for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards1 including the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and the ,uniform ,standards of ,professional ,appraisal ,practice4 7b7 ,existing rights ,the sale of identified ,federal lands under this section shall be subject to valid existing tribal1 ,state1 and local rights4 7c7 ,proceeds of sale of lands ,net proceeds from the sale of identified ,federal lands under this section shall be used to offset any costs associated with this ,act4 7d7 ,report ,not later than #e years after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a list of any identified ,federal lands that have not been sold under subsection 7a7 and the reasons such lands were not sold4 #h4 ,definitions ,for the purposes of this ,act-- 7#a7 the term ,red ,river lands means lands along the approximately #aaf-mile stretch of the ,red ,river from its confluence with the ,north ,fork of the ,red ,river on the west to the #ihth meridian on the east between the ,states of ,texas and ,oklahoma2 7#b7 the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of ,bureau of ,land ,management2 7#c7 the term ,south ,bank means the water-washed and relatively permanent elevation or acclivity1 commonly called a cut bank1 along the southerly or right side of the ,red ,river which separates its bed from the adjacent upland1 whether valley or hill1 and usually serves to confine the waters within the bed and to preserve the course of the river2 as specified in the fifth paragraph of the decree rendered ,march #ab1 #aibc1 in ,oklahoma v4 ,texas1 #bfa ,u4 ,s4 #cdj1 #dc ,s4 ,ct4 #cgf1 #fg ,l4 ,ed4 #fhg2 and 7#d7 the term gradient boundary survey means the measurement technique used to demarcate a division of ownership or jurisdiction along the ,south ,bank under the methodology established by the ,united ,states ,supreme ,court which recognizes that the boundary line between the ,states of ,texas and ,oklahoma along the ,red ,river is subject to such changes as have been or may be wrought by the natural and gradual processes known as erosion and accretion as specified in the second1 third1 and fourth paragraphs of the decree rendered ,march #ab1 #aibc1 in ,oklahoma v4 ,texas1 #bfa ,u4 ,s4 #cdj1 #dc ,s4 ,ct4 #cgf1 #fg ,l4 ,ed4 #fhg4 ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed