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Red River Land Dispute

Many of you have expressed concern about the potential for the Bureau of Land Management (BLM) to claim Texas land along the Red River as public domain.

I have introduced legislation to protect private property along the Red River from federal ownership claims.  By providing legal certainty to landowners, the Red River Private Property Protection Act (H.R 4979) seeks to end any questions about the federal government's ownership of disputed land along the Red River. 

H.R. 4979, the Red River Private Property Protection Act would: 

  • Direct the BLM to relinquish and transfer by quit claim deed any land in Texas along the Red River to a landowner who can prove through official State or county records that they fully own the land;
  • Require the BLM to issue a public notice of the process and accept all legitimate claims of ownership;
  • Establish a 120-day time period in which the BLM must act on a request; and
  • Prevent the BLM from including any privately owned acres in a Resource Management Plan.

The BLM only has limited options for actions it can take on its own.  My bill attempts to settle any ownership issues once and for all.  Senator Cornyn has also introduced an identical bill in the Senate.  To learn more about the history of the issue and the details about the bill, please watch the video below. 

The House Resources Committee, which oversees the BLM and all public land issues, just announced they will hold a hearing on my legislation on Tuesday, July 29, 2014.

Below I’ve included background information and the latest updates to keep you informed about what we are doing to ensure Texas landowners keep the land that is rightfully theirs.

Please feel free to email me your thoughts and concerns here.  I always appreciate hearing from you.
 
Background:
 

The Bureau of Land Management (BLM) is updating its Resource Management Plan (RMP) for lands managed by the BLM, which includes a 116 mile stretch of the Red River on the border between Texas and Oklahoma in Wilbarger, Wichita, and Clay counties. 

At a public meeting in Wichita Falls, Texas, BLM stated there is an estimated 90,000 acres of land along the 116 mile stretch of the Red River that may be considered public domain.  This estimate has since been cut to 30,000 at most.  Issues discussed for this land included open public access for hunting, recreation, and management. 

Many landowners and other public officials have expressed concerns over any BLM action that would result in the loss of private land to the federal government and the potential use of eminent domain to create public access points to the river.

Texas/Oklahoma Border:
 

A large portion of the Texas/Oklahoma border has historically been the Red River going back to the southern limit of the Louisiana Purchase. The Supreme Court construed the boundary to be the “gradient boundary line along the south bank” in the 1920s.

Private property ownership in Oklahoma is generally acknowledged to extend to the medial line of the River.  Therefore, there is a narrow strip along the southern half of the river that may be subject to federal ownership.  

On October 10, 2000, H.J. Res. 72 was signed into law that ratifies the Red River Boundary Compact agreed to by Texas and Oklahoma. This compact sets the state political boundary as the vegetation line on the south bank of the Red River, except for the Lake Texoma area where the boundary is established pursuant to procedures provided for in the compact.

While the political boundary between the states is established, ownership of land along the Texas side of the River may not be.

Recent Actions:

  • BLM hosted a public meeting in Wichita Falls to discuss the issue.  However, many residents felt the event was poorly advertised

  • I submitted comments to BLM expressing opposition to any expansion of control or management from BLM over lands on the Texas side of the border (see attachments below).

  • I met with BLM Deputy Director Steve Ellis to discuss the issue and convey concerns over opening up the river to public access.

  • H.R. 4979, the Red River Private Property Protection Act was introduced

  • I am currently working with the appropriate committees in the Congress to ensure that the boundary is not changed, and that private property rights are protected 

Attachments:
1. Public Comments Submitted by Congressman Mac Thornberry

2. BLM Response to Congressman Mac Thornberry

3. BLM Map of Red River Management Area