H. J. Res. 54

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

Joint Resolution

Granting the consent of Congress to the Missouri-Nebraska Boundary Compact.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL CONSENT.

The Congress consents to the Missouri-Nebraska Boundary

Compact entered into between the States of Missouri and Nebraska.

The compact reads substantially as follows:

‘‘MISSOURI-NEBRASKA BOUNDARY COMPACT

‘‘ARTICLE I

‘‘FINDINGS AND PURPOSES

‘‘(a) The states of Missouri and Nebraska find that there are

actual and potential disputes, controversies, criminal proceedings

and litigation arising or which may arise out of the location of

the boundary line between the states of Missouri and Nebraska;

that the Missouri River constituting the boundary between the

states has changed its course from time to time, and that the

United States Army Corps of Engineers has established a main

channel of such river for navigation and other purposes, which

main channel is identified on maps jointly certified by the state

surveyors of Missouri and Nebraska and identified as the ‘MissouriNebraska Boundary Maps’, which maps are incorporated in this

act and made part of this act by reference, and which maps shall

be filed with the secretaries of state of Missouri and Nebraska.

‘‘(b) It is the principal purpose of the states of Missouri and

Nebraska in executing the compact to establish an identifiable

compromise boundary between the state of Missouri and the state

of Nebraska for the entire distance thereof as of the effective date

of the compact without interfering with or otherwise affecting private rights or titles to property, and the states of Nebraska and

Missouri declare that further compelling purposes of the compact

are—

‘‘(1) to create a friendly and harmonious interstate relationship;

‘‘(2) to avoid multiple exercise of sovereignty and jurisdiction including matters of taxation, judicial and police powers

and exercise of administrative authority;

‘‘(3) to encourage settlement and disposition of pending

litigation and criminal proceedings and avoid or minimize

future disputes and litigation;

‘‘(4) to promote economic and political stability;
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‘‘(5) to encourage the optimum mutual beneficial use of

the Missouri River, its waters and its facilities;

‘‘(6) to establish a forum for settlement of future disputes;

‘‘(7) to place the boundary in a location which can be

identified or located; and

‘‘(8) to express the intent and policy of the states that

the common boundary be established within the confines of

the Missouri River and both states shall continue to have

access to and use of the waters of the river.

‘‘ARTICLE II

‘‘ESTABLISHMENT OF BOUNDARY

‘‘The permanent compromise boundary line between the states

of Missouri and Nebraska shall be fixed at the center line of

the main channel of the Missouri River as of the effective date

of the compact, except for that land known as McKissick’s Island

as determined by the Supreme Court of the United States to be

within the state of Nebraska in the case of Missouri v. Nebraska,

196 U.S. 23, and 197 U.S. 577, all of which is identified on maps

jointly prepared and certified by the state surveyors of Missouri

and Nebraska and identified as the ‘Missouri-Nebraska Boundary

Compact Maps’, incorporated in this act and made a part of this

act by reference, and which maps shall be filed with the secretaries

of state of Missouri and Nebraska. This center line of the main

channel of the Missouri River between the states is also described

in this act by metes and bounds on the ‘Missouri-Nebraska

Boundary Compact Maps’ incorporated in this act by reference

and made a part of this act. This center line of the main channel

of the Missouri River as described on such maps shall be referred

to as the ‘compromise boundary’.

‘‘ARTICLE III

‘‘RELINQUISHMENT OF SOVEREIGNTY

‘‘The state of Missouri hereby relinquishes to the state of

Nebraska all sovereignty over all lands lying on the Nebraska

side of such compromise boundary and the state of Nebraska hereby

relinquishes to the state of Missouri all sovereignty over all lands

lying on the Missouri side of such compromise boundary except

for that land known as McKissick’s Island which is identified on

the ‘Missouri-Nebraska Boundary Compact Maps’ incorporated in

this act by reference and made a part of this act.

‘‘ARTICLE IV

‘‘PENDING LITIGATION

‘‘Nothing in the act shall be deemed or construed to affect

any litigation pending in the courts of either of the states of Missouri

or Nebraska as of the effective date of the compact concerning

the title to any of the lands, sovereignty over which is relinquished

by the state of Missouri to the state of Nebraska or by the state

of Nebraska to the state of Missouri and any matter concerning

the title to lands, sovereignty over which is relinquished by either

state to the other, may be continued in the courts of the state

where pending until the final determination thereof.
H. J. Res. 54—3

‘‘ARTICLE V

‘‘PUBLIC RECORDS

‘‘(a) The public record of real estate titles, mortgages and other

liens in the state of Missouri to any lands, the sovereignty over

which is relinquished by the state of Missouri to the state of

Nebraska, shall be accepted as evidence of record title to such

lands, to and including the effective date of such relinquishment

by the state of Missouri, by the courts of the state of Nebraska.

‘‘(b) The public record of real estate titles, mortgages and other

liens in the state of Nebraska to any lands, the sovereignty over

which is relinquished by the state of Nebraska to the state of

Missouri, shall be accepted as evidence of record title to such

lands, to and including the effective date of such relinquishment

by the state of Nebraska, by the courts of the state of Missouri.

‘‘(c) As to lands, the sovereignty over which is relinquished,

the recording officials of the counties of each state shall accept

for filing documents of title using legal descriptions derived from

the land descriptions of the other state. The acceptance of such

documents for filing shall have no bearing upon the legal effect

or sufficiency thereof.

‘‘ARTICLE VI

‘‘TAXES

‘‘(a) Taxes lawfully imposed by either Missouri or Nebraska

may be levied and collected by such state or its authorized governmental subdivisions and agencies on land, jurisdiction over which

is relinquished by the taxing state to the other, and any liens

or other rights accrued or accruing, including the right of collection,

shall be fully recognized and the county treasurers of the counties

or other taxing authorities affected shall act as agents in carrying

out the provisions of this article; provided, that all liens or other

rights arising out of the imposition of taxes, accrued or accruing,

shall be claimed or asserted within five years after the compact

becomes effective and if not so claimed or asserted shall be forever

barred.

‘‘(b) The lands, sovereignty over which is relinquished by the

state of Missouri to the state of Nebraska, shall not thereafter

be subject to the imposition of taxes in the state of Missouri from

and after the effective date of the compact. The lands, sovereignty

over which is relinquished by the state of Nebraska to the state

of Missouri, shall not thereafter be subject to the imposition of

taxes in the state of Nebraska from and after the effective date

of the compact.

‘‘ARTICLE VII

‘‘PRIVATE RIGHTS

‘‘(a) The compact shall not deprive any riparian owner of such

riparian owner’s rights based upon riparian law and the establishment of the compromise boundary between the states shall not

in any way be deemed to change or affect the boundary line of

riparian owners along the Missouri River as between such owners.

The establishment of the compromise boundary shall not operate
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to limit such riparian owner’s rights to accretions across such

compromise boundary.

‘‘(b) No private individual or entity claims of title to lands

along the Missouri River, over which sovereignty is relinquished

by the compact, shall be prejudiced by the relinquishment of such

sovereignty and any claims or possessory rights necessary to establish adverse possession shall not be terminated or limited by the

fact that the jurisdiction over such lands may have been transferred

by the compact. Neither state will assert any claim of title to

abandoned beds of the Missouri River, lands along the Missouri

River, or the bed of the Missouri River based upon any doctrine

of state ownership of the beds or abandoned beds of navigable

waters, as against any land owners or claimants claiming interest

in real estate arising out of titles, muniments of title, or exercises

of jurisdiction of or from the other state, which titles or muniments

of title commenced prior to the effective date of this compact.

‘‘ARTICLE VIII

‘‘READJUSTMENT OF BOUNDARY BY NEGOTIATION

‘‘If at any time after the effective date of the compact the

Missouri River shall move or be moved by natural means or otherwise so that the flow thereof at any point along the course forming

the boundary between the states occurs entirely within one of

the states, each state at the request of the other, agrees to enter

into and conduct negotiations in good faith for the purpose of

readjusting the boundary at the place or places where such movement occurred consistent with the intent, policy and purpose hereof

that the boundary will be placed within the Missouri River.

‘‘ARTICLE IX

‘‘EFFECTIVE DATE

‘‘(a) The compact shall become effective on the first day of

January of the year after it is ratified by the general assembly

of the state of Missouri and the legislature of the state of Nebraska

and approved by the Congress of the United States.

‘‘(b) As of the effective date of the compact, the state of Missouri

and the state of Nebraska shall relinquish sovereignty over the

lands described in the compact and shall assume and accept sovereignty over such lands ceded to them as provided in the compact.

‘‘(c) In the event the compact is not approved by the general

assembly of the state of Missouri and the legislature of the state

of Nebraska on or before October 1, 1999, and approved by the

Congress of the United States within three years from the date

of such approval, the compact shall be inoperative and for all

purposes shall be void.

‘‘ARTICLE X

‘‘ENFORCEMENT

‘‘Nothing in the compact shall be construed to limit or prevent

either state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction, for

the protection of any right under the compact or the enforcement

of any of its provisions.
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‘‘ARTICLE XI

‘‘AMENDMENTS

‘‘The compact shall remain in full force and effect unless

amended in the same manner as that by which it was created.’’.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

The right to alter, amend, or repeal this joint resolution is

hereby expressly reserved. The consent granted by this joint resolution shall not be construed as impairing or in any manner affecting

any right or jurisdiction of the United States in and over the

region which forms the subject of the compact.

SEC. 3. CONSTRUCTION AND SEVERABILITY.

It is intended that the provisions of this compact shall be

reasonably and liberally construed to effectuate the purposes

thereof. If any part or application of this compact, or legislation

enabling the compact, is held invalid, the remainder of the compact

or its application to other situations or persons shall not be affected.

SEC. 4. INCONSISTENCY OF LANGUAGE.

The validity of this compact shall not be affected by any

insubstantial differences in its form or language as adopted by

the two States.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.