IIB

106TH CONGRESS

1ST SESSION H. J. RES. 54

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22, 1999

Received; read twice and referred to the Committee on the Judiciary

JOINT RESOLUTION

Granting the consent of Congress to the Missouri-Nebraska

Boundary Compact.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,
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1 SECTION 1. CONGRESSIONAL CONSENT.

2 The Congress consents to the Missouri-Nebraska

3 Boundary Compact entered into between the States of

4 Missouri and Nebraska. The compact reads substantially

5 as follows:

6 ‘‘MISSOURI-NEBRASKA BOUNDARY COMPACT

7 ‘‘ARTICLE I

8 ‘‘FINDINGS AND PURPOSES

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

10 there are actual and potential disputes, controversies,

11 criminal proceedings and litigation arising or which may

12 arise out of the location of the boundary line between the

13 states of Missouri and Nebraska; that the Missouri River

14 constituting the boundary between the states has changed

15 its course from time to time, and that the United States

16 Army Corps of Engineers has established a main channel

17 of such river for navigation and other purposes, which

18 main channel is identified on maps jointly certified by the

19 state surveyors of Missouri and Nebraska and identified

20 as the ‘Missouri-Nebraska Boundary Maps’, which maps

21 are incorporated in this act and made part of this act by

22 reference, and which maps shall be filed with the secre23 taries of state of Missouri and Nebraska.

24 ‘‘(b) It is the principal purpose of the states of Mis25 souri and Nebraska in executing the compact to establish

26 an identifiable compromise boundary between the state of
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1 Missouri and the state of Nebraska for the entire distance

2 thereof as of the effective date of the compact without

3 interfering with or otherwise affecting private rights or ti4 tles to property, and the states of Nebraska and Missouri

5 declare that further compelling purposes of the compact

6 are—

7 ‘‘(1) to create a friendly and harmonious inter8 state relationship;

9 ‘‘(2) to avoid multiple exercise of sovereignty

10 and jurisdiction including matters of taxation, judi11 cial and police powers and exercise of administrative

12 authority;

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

14 pending litigation and criminal proceedings and

15 avoid or minimize future disputes and litigation;

16 ‘‘(4) to promote economic and political stability;

17 ‘‘(5) to encourage the optimum mutual bene18 ficial use of the Missouri River, its waters and its

19 facilities;

20 ‘‘(6) to establish a forum for settlement of fu21 ture disputes;

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

23 can be identified or located; and

24 ‘‘(8) to express the intent and policy of the

25 states that the common boundary be established
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1 within the confines of the Missouri River and both

2 states shall continue to have access to and use of the

3 waters of the river.

4 ‘‘ARTICLE II

5 ‘‘ESTABLISHMENT OF BOUNDARY

6 ‘‘The permanent compromise boundary line between

7 the states of Missouri and Nebraska shall be fixed at the

8 center line of the main channel of the Missouri River as

9 of the effective date of the compact, except for that land

10 known as McKissick’s Island as determined by the Su11 preme Court of the United States to be within the state

12 of Nebraska in the case of Missouri v. Nebraska, 196 U.S.

13 23, and 197 U.S. 577, all of which is identified on maps

14 jointly prepared and certified by the state surveyors of

15 Missouri and Nebraska and identified as the ‘Missouri-Ne16 braska Boundary Compact Maps’, incorporated in this act

17 and made a part of this act by reference, and which maps

18 shall be filed with the secretaries of state of Missouri and

19 Nebraska. This center line of the main channel of the Mis20 souri River between the states is also described in this act

21 by metes and bounds on the ‘Missouri-Nebraska Boundary

22 Compact Maps’ incorporated in this act by reference and

23 made a part of this act. This center line of the main chan24 nel of the Missouri River as described on such maps shall

25 be referred to as the ‘compromise boundary’.
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1 ‘‘ARTICLE III

2 ‘‘RELINQUISHMENT OF SOVEREIGNTY

3 ‘‘The state of Missouri hereby relinquishes to the

4 state of Nebraska all sovereignty over all lands lying on

5 the Nebraska side of such compromise boundary and the

6 state of Nebraska hereby relinquishes to the state of Mis7 souri all sovereignty over all lands lying on the Missouri

8 side of such compromise boundary except for that land

9 known as McKissick’s Island which is identified on the

10 ‘Missouri-Nebraska Boundary Compact Maps’ incor11 porated in this act by reference and made a part of this

12 act.

13 ‘‘ARTICLE IV

14 ‘‘PENDING LITIGATION

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

16 affect any litigation pending in the courts of either of the

17 states of Missouri or Nebraska as of the effective date of

18 the compact concerning the title to any of the lands, sov19 ereignty over which is relinquished by the state of Missouri

20 to the state of Nebraska or by the state of Nebraska to

21 the state of Missouri and any matter concerning the title

22 to lands, sovereignty over which is relinquished by either

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

24 state where pending until the final determination thereof.
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1 ‘‘ARTICLE V

2 ‘‘PUBLIC RECORDS

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

4 and other liens in the state of Missouri to any lands, the

5 sovereignty over which is relinquished by the state of Mis6 souri to the state of Nebraska, shall be accepted as evi7 dence of record title to such lands, to and including the

8 effective date of such relinquishment by the state of Mis9 souri, by the courts of the state of Nebraska.

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

11 and other liens in the state of Nebraska to any lands, the

12 sovereignty over which is relinquished by the state of Ne13 braska to the state of Missouri, shall be accepted as evi14 dence of record title to such lands, to and including the

15 effective date of such relinquishment by the state of Ne16 braska, by the courts of the state of Missouri.

17 ‘‘(c) As to lands, the sovereignty over which is relin18 quished, the recording officials of the counties of each

19 state shall accept for filing documents of title using legal

20 descriptions derived from the land descriptions of the

21 other state. The acceptance of such documents for filing

22 shall have no bearing upon the legal effect or sufficiency

23 thereof.
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1 ‘‘ARTICLE VI

2 ‘‘TAXES

3 ‘‘(a) Taxes lawfully imposed by either Missouri or Ne4 braska may be levied and collected by such state or its

5 authorized governmental subdivisions and agencies on

6 land, jurisdiction over which is relinquished by the taxing

7 state to the other, and any liens or other rights accrued

8 or accruing, including the right of collection, shall be fully

9 recognized and the county treasurers of the counties or

10 other taxing authorities affected shall act as agents in car11 rying out the provisions of this article; provided, that all

12 liens or other rights arising out of the imposition of taxes,

13 accrued or accruing, shall be claimed or asserted within

14 five years after the compact becomes effective and if not

15 so claimed or asserted shall be forever barred.

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

17 by the state of Missouri to the state of Nebraska, shall

18 not thereafter be subject to the imposition of taxes in the

19 state of Missouri from and after the effective date of the

20 compact. The lands, sovereignty over which is relinquished

21 by the state of Nebraska to the state of Missouri, shall

22 not thereafter be subject to the imposition of taxes in the

23 state of Nebraska from and after the effective date of the

24 compact.
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1 ‘‘ARTICLE VII

2 ‘‘PRIVATE RIGHTS

3 ‘‘(a) The compact shall not deprive any riparian

4 owner of such riparian owner’s rights based upon riparian

5 law and the establishment of the compromise boundary be6 tween the states shall not in any way be deemed to change

7 or affect the boundary line of riparian owners along the

8 Missouri River as between such owners. The establishment

9 of the compromise boundary shall not operate to limit such

10 riparian owner’s rights to accretions across such com11 promise boundary.

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

13 lands along the Missouri River, over which sovereignty is

14 relinquished by the compact, shall be prejudiced by the

15 relinquishment of such sovereignty and any claims or

16 possessory rights necessary to establish adverse possession

17 shall not be terminated or limited by the fact that the ju18 risdiction over such lands may have been transferred by

19 the compact. Neither state will assert any claim of title

20 to abandoned beds of the Missouri River, lands along the

21 Missouri River, or the bed of the Missouri River based

22 upon any doctrine of state ownership of the beds or aban23 doned beds of navigable waters, as against any land own24 ers or claimants claiming interest in real estate arising

25 out of titles, muniments of title, or exercises of jurisdiction
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1 of or from the other state, which titles or muniments of

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

3 ‘‘ARTICLE VIII

4 ‘‘READJUSTMENT OF BOUNDARY BY NEGOTIATION

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

6 the Missouri River shall move or be moved by natural

7 means or otherwise so that the flow thereof at any point

8 along the course forming the boundary between the states

9 occurs entirely within one of the states, each state at the

10 request of the other, agrees to enter into and conduct ne11 gotiations in good faith for the purpose of readjusting the

12 boundary at the place or places where such movement oc13 curred consistent with the intent, policy and purpose here14 of that the boundary will be placed within the Missouri

15 River.

16 ‘‘ARTICLE IX

17 ‘‘EFFECTIVE DATE

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

19 day of January of the year after it is ratified by the gen20 eral assembly of the state of Missouri and the legislature

21 of the state of Nebraska and approved by the Congress

22 of the United States.

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

24 of Missouri and the state of Nebraska shall relinquish sov25 ereignty over the lands described in the compact and shall
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1 assume and accept sovereignty over such lands ceded to

2 them as provided in the compact.

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

4 general assembly of the state of Missouri and the legisla5 ture of the state of Nebraska on or before October 1,

6 1999, and approved by the Congress of the United States

7 within three years from the date of such approval, the

8 compact shall be inoperative and for all purposes shall be

9 void.

10 ‘‘ARTICLE X

11 ‘‘ENFORCEMENT

12 ‘‘Nothing in the compact shall be construed to limit

13 or prevent either state from instituting or maintaining any

14 action or proceeding, legal or equitable, in any court hav15 ing jurisdiction, for the protection of any right under the

16 compact or the enforcement of any of its provisions.

17 ‘‘ARTICLE XI

18 ‘‘AMENDMENTS

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

20 unless amended in the same manner as that by which it

21 was created.’’.

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

23 The right to alter, amend, or repeal this joint resolu24 tion is hereby expressly reserved. The consent granted by

25 this joint resolution shall not be construed as impairing

26 or in any manner affecting any right or jurisdiction of the
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1 United States in and over the region which forms the sub2 ject of the compact.

3 SEC. 3. CONSTRUCTION AND SEVERABILITY.

4 It is intended that the provisions of this compact shall

5 be reasonably and liberally construed to effectuate the

6 purposes thereof. If any part or application of this com7 pact, or legislation enabling the compact, is held invalid,

8 the remainder of the compact or its application to other

9 situations or persons shall not be affected.

10 SEC. 4. INCONSISTENCY OF LANGUAGE.

11 The validity of this compact shall not be affected by

12 any insubstantial differences in its form or language as

13 adopted by the two States.

Passed the House of Representatives September 21,

1999.

Attest: JEFF TRANDAHL,

Clerk.