IIA

Calendar No. 389

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

NOVEMBER 4, 1999

Reported by Mr. HATCH, without amendment

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,

3

4 SECTION 1. CONGRESSIONAL CONSENT.

5 The Congress consents to the Missouri-Nebraska

6 Boundary Compact entered into between the States of

7 Missouri and Nebraska. The compact reads substantially

8 as follows:
2

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1 ‘‘MISSOURI-NEBRASKA BOUNDARY COMPACT

2 ‘‘ARTICLE I

3 ‘‘FINDINGS AND PURPOSES

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

5 there are actual and potential disputes, controversies,

6 criminal proceedings and litigation arising or which may

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

8 states of Missouri and Nebraska; that the Missouri River

9 constituting the boundary between the states has changed

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

11 Army Corps of Engineers has established a main channel

12 of such river for navigation and other purposes, which

13 main channel is identified on maps jointly certified by the

14 state surveyors of Missouri and Nebraska and identified

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

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

17 reference, and which maps shall be filed with the secre18 taries of state of Missouri and Nebraska.

19 ‘‘(b) It is the principal purpose of the states of Mis20 souri and Nebraska in executing the compact to establish

21 an identifiable compromise boundary between the state of

22 Missouri and the state of Nebraska for the entire distance

23 thereof as of the effective date of the compact without

24 interfering with or otherwise affecting private rights or ti25 tles to property, and the states of Nebraska and Missouri
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1 declare that further compelling purposes of the compact

2 are—

3 ‘‘(1) to create a friendly and harmonious inter4 state relationship;

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

6 and jurisdiction including matters of taxation, judi7 cial and police powers and exercise of administrative

8 authority;

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

10 pending litigation and criminal proceedings and

11 avoid or minimize future disputes and litigation;

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

13 ‘‘(5) to encourage the optimum mutual bene14 ficial use of the Missouri River, its waters and its

15 facilities;

16 ‘‘(6) to establish a forum for settlement of fu17 ture disputes;

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

19 can be identified or located; and

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

21 states that the common boundary be established

22 within the confines of the Missouri River and both

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

24 waters of the river.
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HJ 54 RS

1 ‘‘ARTICLE II

2 ‘‘ESTABLISHMENT OF BOUNDARY

3 ‘‘The permanent compromise boundary line between

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

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

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

7 known as McKissick’s Island as determined by the Su8 preme Court of the United States to be within the state

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

10 23, and 197 U.S. 577, all of which is identified on maps

11 jointly prepared and certified by the state surveyors of

12 Missouri and Nebraska and identified as the ‘Missouri-Ne13 braska Boundary Compact Maps’, incorporated in this act

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

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

16 Nebraska. This center line of the main channel of the Mis17 souri River between the states is also described in this act

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

19 Compact Maps’ incorporated in this act by reference and

20 made a part of this act. This center line of the main chan21 nel of the Missouri River as described on such maps shall

22 be referred to as the ‘compromise boundary’.

23 ‘‘ARTICLE III

24 ‘‘RELINQUISHMENT OF SOVEREIGNTY

25 ‘‘The state of Missouri hereby relinquishes to the

26 state of Nebraska all sovereignty over all lands lying on
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1 the Nebraska side of such compromise boundary and the

2 state of Nebraska hereby relinquishes to the state of Mis3 souri all sovereignty over all lands lying on the Missouri

4 side of such compromise boundary except for that land

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

6 ‘Missouri-Nebraska Boundary Compact Maps’ incor7 porated in this act by reference and made a part of this

8 act.

9 ‘‘ARTICLE IV

10 ‘‘PENDING LITIGATION

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

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

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

14 the compact concerning the title to any of the lands, sov15 ereignty over which is relinquished by the state of Missouri

16 to the state of Nebraska or by the state of Nebraska to

17 the state of Missouri and any matter concerning the title

18 to lands, sovereignty over which is relinquished by either

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

20 state where pending until the final determination thereof.

21 ‘‘ARTICLE V

22 ‘‘PUBLIC RECORDS

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

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

25 sovereignty over which is relinquished by the state of Mis26 souri to the state of Nebraska, shall be accepted as evi-
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1 dence of record title to such lands, to and including the

2 effective date of such relinquishment by the state of Mis3 souri, by the courts of the state of Nebraska.

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

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

6 sovereignty over which is relinquished by the state of Ne7 braska to the state of Missouri, shall be accepted as evi8 dence of record title to such lands, to and including the

9 effective date of such relinquishment by the state of Ne10 braska, by the courts of the state of Missouri.

11 ‘‘(c) As to lands, the sovereignty over which is relin12 quished, the recording officials of the counties of each

13 state shall accept for filing documents of title using legal

14 descriptions derived from the land descriptions of the

15 other state. The acceptance of such documents for filing

16 shall have no bearing upon the legal effect or sufficiency

17 thereof.

18 ‘‘ARTICLE VI

19 ‘‘TAXES

20 ‘‘(a) Taxes lawfully imposed by either Missouri or Ne21 braska may be levied and collected by such state or its

22 authorized governmental subdivisions and agencies on

23 land, jurisdiction over which is relinquished by the taxing

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

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

26 recognized and the county treasurers of the counties or
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1 other taxing authorities affected shall act as agents in car2 rying out the provisions of this article; provided, that all

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

4 accrued or accruing, shall be claimed or asserted within

5 five years after the compact becomes effective and if not

6 so claimed or asserted shall be forever barred.

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

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

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

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

11 compact. The lands, sovereignty over which is relinquished

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

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

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

15 compact.

16 ‘‘ARTICLE VII

17 ‘‘PRIVATE RIGHTS

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

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

20 law and the establishment of the compromise boundary be21 tween the states shall not in any way be deemed to change

22 or affect the boundary line of riparian owners along the

23 Missouri River as between such owners. The establishment

24 of the compromise boundary shall not operate to limit such

25 riparian owner’s rights to accretions across such com26 promise boundary.
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1 ‘‘(b) No private individual or entity claims of title to

2 lands along the Missouri River, over which sovereignty is

3 relinquished by the compact, shall be prejudiced by the

4 relinquishment of such sovereignty and any claims or

5 possessory rights necessary to establish adverse possession

6 shall not be terminated or limited by the fact that the ju7 risdiction over such lands may have been transferred by

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

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

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

11 upon any doctrine of state ownership of the beds or aban12 doned beds of navigable waters, as against any land own13 ers or claimants claiming interest in real estate arising

14 out of titles, muniments of title, or exercises of jurisdiction

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

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

17 ‘‘ARTICLE VIII

18 ‘‘READJUSTMENT OF BOUNDARY BY NEGOTIATION

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

20 the Missouri River shall move or be moved by natural

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

22 along the course forming the boundary between the states

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

24 request of the other, agrees to enter into and conduct ne25 gotiations in good faith for the purpose of readjusting the

26 boundary at the place or places where such movement oc-
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1 curred consistent with the intent, policy and purpose here2 of that the boundary will be placed within the Missouri

3 River.

4 ‘‘ARTICLE IX

5 ‘‘EFFECTIVE DATE

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

7 day of January of the year after it is ratified by the gen8 eral assembly of the state of Missouri and the legislature

9 of the state of Nebraska and approved by the Congress

10 of the United States.

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

12 of Missouri and the state of Nebraska shall relinquish sov13 ereignty over the lands described in the compact and shall

14 assume and accept sovereignty over such lands ceded to

15 them as provided in the compact.

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

17 general assembly of the state of Missouri and the legisla18 ture of the state of Nebraska on or before October 1,

19 1999, and approved by the Congress of the United States

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

21 compact shall be inoperative and for all purposes shall be

22 void.

23 ‘‘ARTICLE X

24 ‘‘ENFORCEMENT

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

26 or prevent either state from instituting or maintaining any
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1 action or proceeding, legal or equitable, in any court hav2 ing jurisdiction, for the protection of any right under the

3 compact or the enforcement of any of its provisions.

4 ‘‘ARTICLE XI

5 ‘‘AMENDMENTS

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

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

8 was created.’’.

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

10 The right to alter, amend, or repeal this joint resolu11 tion is hereby expressly reserved. The consent granted by

12 this joint resolution shall not be construed as impairing

13 or in any manner affecting any right or jurisdiction of the

14 United States in and over the region which forms the sub15 ject of the compact.

16 SEC. 3. CONSTRUCTION AND SEVERABILITY.

17 It is intended that the provisions of this compact shall

18 be reasonably and liberally construed to effectuate the

19 purposes thereof. If any part or application of this com20 pact, or legislation enabling the compact, is held invalid,

21 the remainder of the compact or its application to other

22 situations or persons shall not be affected.
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1 SEC. 4. INCONSISTENCY OF LANGUAGE.

2 The validity of this compact shall not be affected by

3 any insubstantial differences in its form or language as

4 adopted by the two States.

Passed the House of Representatives September 21,

1999.

Attest: JEFF TRANDAHL,

Clerk.

Calendar No. 389

106TH CONGRESS

1ST SESSION H. J. RES. 54

JOINT RESOLUTION

Granting the consent of Congress to the MissouriNebraska Boundary Compact.

NOVEMBER 4, 1999

Reported without amendment