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.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
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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 ‘Missouri-Nebraska 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 secre-
taries of state of Missouri and Nebraska.
‘‘(b) It is the principal purpose of the states of Mis-
souri and Nebraska in executing the compact to establish
an identifiable compromise boundary between the state of
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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 ti-
tles 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 inter-
state relationship;
‘‘(2) to avoid multiple exercise of sovereignty
and jurisdiction including matters of taxation, judi-
cial 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;
‘‘(5) to encourage the optimum mutual bene-
ficial use of the Missouri River, its waters and its
facilities;
‘‘(6) to establish a forum for settlement of fu-
ture 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
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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 Su-
preme 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-Ne-
braska 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 Mis-
souri 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 chan-
nel of the Missouri River as described on such maps shall
be referred to as the ‘compromise boundary’.
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‘‘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 Mis-
souri 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’ incor-
porated 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, sov-
ereignty 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.
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‘‘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 Mis-
souri to the state of Nebraska, shall be accepted as evi-
dence of record title to such lands, to and including the
effective date of such relinquishment by the state of Mis-
souri, 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 Ne-
braska to the state of Missouri, shall be accepted as evi-
dence of record title to such lands, to and including the
effective date of such relinquishment by the state of Ne-
braska, by the courts of the state of Missouri.
‘‘(c) As to lands, the sovereignty over which is relin-
quished, 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.
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‘‘ARTICLE VI
‘‘TAXES
‘‘(a) Taxes lawfully imposed by either Missouri or Ne-
braska 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 car-
rying 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.
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‘‘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 be-
tween 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 to limit such
riparian owner’s rights to accretions across such com-
promise 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 ju-
risdiction 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 aban-
doned beds of navigable waters, as against any land own-
ers or claimants claiming interest in real estate arising
out of titles, muniments of title, or exercises of jurisdiction
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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 ne-
gotiations in good faith for the purpose of readjusting the
boundary at the place or places where such movement oc-
curred consistent with the intent, policy and purpose here-
of 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 gen-
eral 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 sov-
ereignty over the lands described in the compact and shall
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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 legisla-
ture 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 hav-
ing jurisdiction, for the protection of any right under the
compact or the enforcement of any of its provisions.
‘‘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 resolu-
tion 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