By Jessica Domel
Field Editor

A resolution, HR 2130, that is designed to help Texas landowners whose property is in danger of being taken by the federal Bureau of Land Management (BLM) is now in danger of failing due to a recently-added amendment. All Texans concerned with private property rights should contact Senators John Cornyn and Ted Cruz to encourage their support of the bill without the amendment.

Congressman Tom Cole’s (R-OK) amendment to HR 2130 by Congressman Mac Thornberry gives Native American tribes priority over Texas property owners by giving them the right of first refusal for that property.

“This amendment changes the application of the Color of Title Act so instead of property owners paying a nominal fee ($1.25 per acre) for their property, they would have to pay market value. So they’d be buying their property all over again,” Regan Beck, director of Government Affairs for Texas Farm Bureau (TFB), said.

The amendment may force legislators who may otherwise support the bill to vote against it. And it may prompt TFB, which otherwise supports the resolution, to drop its support.

The intent of HR 2130 is to return land claimed by BLM to Texas landowners who have worked and paid taxes on the land for years, and in some cases, decades.

Currently, landowners along the 116-mile stretch of the Red River in question live under a cloud of uncertainty as BLM has not yet defined exactly where its claim begins and ends.

“There’s even one rancher who has a part of his property and his house in the disputed area,” Beck said. “The legislation is important to put this issue to rest and let the affected property owners know they do indeed own their property and the federal government is not going to take it away from them.”

The dispute over land along the Red River dates back to when Texas and Oklahoma first joined the United States.

Lawsuits followed as the states and landowners each tried to determine where their land and the state begin and end. The constant movement of the Red River and its banks further complicated the situation.

In the 1980s, Texas landowner Tommy Henderson lost a portion of his land to the BLM in a dispute with an Oklahoma landowner. The judge decided a certain portion belonged to the Oklahoman, another portion belonged to Henderson and everything in the middle was BLM’s responsibility.

As the Red River continued to move, the BLM claimed its territory along the river increased—leading to the present-day issues.

The bill by Thornberry is designed to put the BLM’s claims to rest and give satisfaction to those Texas landowners who have been notified by BLM that their land is now federal property.

In addition to Thornberry’s bill, a group of landowners, the counties of Clay, Wichita and Wilbarger have joined in a lawsuit with the Texas Public Policy Foundation’s Center for the American Future against the BLM’s unconstitutional seizure of their private land.

“Texas Farm Bureau is supportive of every avenue at our landowners’ disposal to resolve the situation,” Beck said.

Although Henderson’s land has since been returned to him, the Color of Title Act he used is not available to every landowner.

“We’ve come a long way on this issue,” TFB President Russell W. Boening said. “There is no doubt we would not be this far along without the devotion of Tommy Henderson, who did not stop advocating for his neighbors when he got his own land back.”

Boening went on to say TFB will not let up on the fight for private property rights until the issue is resolved.

HR 2130, including the amendment by Cole, will soon be considered by the U.S. Senate.

Texans are encouraged to call Senators Cornyn and Cruz and share their support for the bill without the proposed amendment by Congressman Cole.