To grant the consent of Congress to the boundary change compact between South Dakota and Nebraska.
PL 101-183 (H.J.Res.393), enacted 11/28/1989

harbors. 
103 STAT. 1328 
PUBLIC LAW 101-183—NOV. 28, 1989 
Public Law 101-183 
101st Congress 
Joint Resolution 
Nov. 28, 1989 
To grant the consent of Congress to the boundary change compact between South 
[H.J. Res. 393] 
Dakota and Nebraska. 
Resolved by the Senate and House of Representatives of the United 
Real property. 
States of America in Congress assembled, That (a) the consent of 
^iversand 
Congress is hereby given to— 
(1) the South Dakota-Nebraska Boundary Compact, approved 
by the State of South Dakota on March 14, 1989, and by the 
State of Nebraska on May 25,1989; and 
(2) the establishment of the boundary between the States of 
I 
South Dakota and Nebraska agreed to in the compact referred 
to in paragraph (1). 
(b) The South Dakota-Nebraska Boundary Compact is substan-
tially as follows: 
SOUTH DAKOTA-NEBRASKA BOUNDARY COMPACT 
WHEREAS, the Missouri River has constituted the territorial 
boundary between the state of Nebraska and the state of South 
Dakota common to Dakota County, Nebraska, and Union County, 
South Dakota; and, 
WHEREAS, by the forces of nature and construction, operation 
and maintenance efforts by agencies of the federal government, the 
flow of the Missouri River has changed its course, and the main 
channel of the river has changed its position in many areas along 
the boundary between said counties of the states; and, 
WHEREAS, disputes between the state of Nebraska and the state 
of South Dakota, their political and governmental subdivisions, 
citizens and other persons have arisen with respect to the location of 
the true boundary between said counties of the states; and, 
WHEREAS, there has for many years existed as between said 
counties of the states, a question as to the true and correct boundary 
line between them; and, 
WHEREAS, in some areas land is taxed or may be taxed by 
governmental bodies in both states and in other areas land may be 
untaxed by governmental bodies in either state; and, 
WHEREAS, at times courts have found some land as located in 
Nebraska, at other times the courts have found the same land as 
located in South Dakota; and, 
WHEREAS, the Missouri River is now relatively stabilized by 
work done under the direction and supervision of the United States 
Army Corps of Engineers, and a boundary based upon the present 
main channel of the Missouri River would be, if the works are 
properly maintained, as near as can be anticipated at this time, 
fixed and permanent; and, 
WHEREAS, it is to the best interest of the states of Nebraska and 
South Dakota, their political and governmental subdivisions and 
their citizens, to determine a new and compromise boundary be-
^ 
PUBLIC LAW 101-183—NOV. 28,1989 
103 STAT. 1329 
tween said counties of the states, to avoid litigation and multiple 
exercises of sovereignty and jurisdiction, to encourage the optimum 
beneficial use of the river, its facilities and its waters, and to remove 
all causes of controversy between said states with respect to the 
boundary between said counties of the states; and, 
WHEREAS, the states by entering into an agreement for a new 
boundary are not recognizing and do not desire to recognize the 
former compact boundary established between them by their legisla-
tive actions and the consent of the Congress in 1905; and, 
WHEREAS, because of the numerous natural cutoffs over the 
years and the construction and stabilization work by the Corps of 
Engineers, which included the dredging of channels and construc-
tion of dikes and revetments, thus moving the river around and 
across islands, bar areas, and lands, as between the states, neither of 
them recognizes any presumption that the river has moved gradu-
ally into the present designed channel location; and, 
WHEREAS, the states recognize that the Corps of Engineers' 
activities have caused tracts of land formerly on one side of the river 
to be isolated on the other side, and the states recognize there may 
have been many natural cutoffs of the Missouri River prior to the 
stabilization work by the Corps of Engineers; and, 
WHEREAS, as to lands along or in proximity to the Missouri 
River, the states desire not to disturb private titles or claims which 
may have been established by individuals by recognizing or locating 
any specific areas as belonging to or being within one state or the 
other; instead the states desire to leave any questions of private 
titles to the parties involved; and, 
WHEREAS, the terms of this compact shall be binding upon the 
states, their political and governmental subdivisions and officers 
and agents thereof; and, 
WHEREAS, the parties recognize that the present main channel 
of the Missouri River as it exists within the designed channel 
stabilized by the Corps of Engineers is or may be different from a 
line parallel and equidistant from the present banks of the Missouri 
River; and, 
WHEREAS, the states of Nebraska and South Dakota have agreed 
upon the terms and provisions of a compact to establish the bound-
ary between said counties of the state. 
To these ends, duly appointed commissioners for the state of 
Nebraska and the state of South Dakota jointly convened on Feb-
ruary 24, 1989, in Lincoln, Nebraska, and have resolved to conclude 
a compact, following enactment by their respective legislative bodies 
and with consent of the Congress of the United States, £ind have 
agreed upon the following Articles: 
ARTICLE I. Findings and Purposes 
(a) The state of Nebraska and the state of South Dakota find that 
there have been actual and potential disputes, controversies, crimi-
nal proceedings and litigation arising or which may arise out of the 
location of the boundary line between Dakota County, Nebraska, 
and Union County, South Dakota; that the Missouri River constitut-
ing the boundary between said counties of the states has changed its 
course from time to time, and that the United States Army Corps of 
Engineers has established a designed chsuinel of the river for 
navigation and other purposes, which is described and shown in the 
survey referred to in Article II. 
103 STAT. 1330 
PUBLIC LAW 101-183—NOV. 28, 1989 
(b) It is the principal purpose of the states in executing this 
compact to establish an identifiable compromise boundary between 
said counties of the states for the entire distance thereof as of the 
effective date of this compact without interfering with or otherwise 
affecting private rights or titles to property, and the states declare 
that further compelling purposes of this compact are: (1) to create a 
friendly and harmonious interstate relationship; (2) to avoid mul-
tiple 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 litigations; (4) to promote economic and political stabil-
ity; (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 new 
or reestablished location which can be identified or located; and (8) 
to express the intent and policy of the states that the common 
boundary between said counties 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 
(a) The permanent compromise boundary line between said coun-
ties of the states shall be fixed at the centerline of the designed 
channel of the Missouri River (the westerly channel adjacent to 
Section 5, Township 29 North, Range 7 East of the 6th P.M. shall be 
considered the main channel). The state of Nebraska and the state 
of South Dakota by the ratification of this document agree to 
accurately describe the centerline of the design channel by reference 
to permanent monuments which shall be placed at locations which 
are easily accessible and safe from destruction. The Nebraska State 
Surveyors Office and a representative from South Dakota shall 
jointly supervise and approve placement of the monuments and the 
location of the compact boundary. Upon completion, the maps and 
record of the survey shall be incorporated herein and made a part 
hereof by reference. Said maps shall be placed on file with the 
secretaries of state of South Dakota and Nebraska. The approval of 
contracts and all necessary costs for the accurate survey and place-
ment of proper monuments shall be shared equally between the 
states of South Dakota and Nebraska. 
Ot)) This centerline of the channel of the Missouri River as de-
scribed on said survey shall hereinafter be referred to as the "com-
promise boundary." 
ARTICLE III. Relinquishment of Sovereignty 
On the effective date of this compact, the state of South Dakota 
hereby relinquishes to the state of Nebraska all sovereignty over 
lands lying on the Nebraska side of said compromise boundary and 
the state of Nebraska hereby relinquishes to the state of South 
Dakota all sovereignty over lands lying on the South Dakota side of 
the compromise boundary. 
ARTICLE IV. Pending Litigation 
Nothing in this compact shall be deemed or construed to affect 
any litigation pending in the courts of either of the states concern-
ing title to any of the lands, sovereignty over which is relinquished 
by the state of South Dakota to the state of Nebraska or by the state 
PUBLIC LAW 101-183—NOV. 28, 1989 
103 STAT. 1331 
of Nebraska to the state of South Dakota 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 a final determination thereof. 
ARTICLE V. Public Records 
(a) On and following the effective date of this compact, 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 South Dakota, 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 South Dakota. 
(b) On and following the effective date of this compact, the public 
record of real estate titles, mortgages and other liens in the state of 
South Dakota to any lands, the sovereignty over which is relin-
quished by the state of South Dakota to the state of Nebraska, shall 
be accepted as evidence of record title to such lands, to and includ-
ing the effective date of such relinquishment by the state of South 
Dakota, by the courts of the state of Nebraska. 
(c) As to lands, the sovereignty over which is relinquished, on the 
effective date of this compact the recording officials of each state 
including the counties thereof 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 for the calendar year of the effective date of this compact 
which are lawfully imposed by either Nebraska or South Dakota 
may be levied and collected by such state or its authorized govern-
mental subdivisions and agencies on land, subsequent 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 
said 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 as aforesaid, shall be claimed or asserted within five years 
after this compact becomes effective and if not so claimed or as-
serted shall be forever barred. 
(b) The lands, sovereignty over which is relinquished by the state 
of South Dakota to the state of Nebraska, shall not thereafter be 
subject to the imposition of taxes in the state of South Dakota from 
and after the calendar year of the effective date of this compact. The 
lands, sovereignty over which is relinquished by the state of Ne-
braska to the state of South Dakota, shall not thereafter be subject 
to the imposition of taxes in the state of Nebraska from and after 
the calendar year of the effective date of this compact. 
ARTICLE VII. Private Rights 
(a) This compact shall not deprive any riparian owner of such 
riparian owner's rights based upon riparian law and the establish-
ment of the compromise boundary between said counties of the state 
shall not in any way be deemed to change or affect the boundary 
line or riparian owners along the Missouri River as between such 
owners. The establishment of the compromise boundary shall not 
103 STAT. 1332 
PUBLIC LAW 101-183—NOV. 28, 1989 
operate to limit such riparian owner's rights to accretions across 
such compromise boundary. 
(b) No private individual or entity claiming title to lands along the 
Missouri River, over which sovereignty is relinquished by this com-
pact, 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 owner-
ship 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 this 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 bound-
ary 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) This compact shall become effective when ratified by the 
legislature of the state of Nebraska and the legislature of the state 
of South Dakota and approved by the Congress of the United States. 
(b) As of the effective date of this compact, the state of Nebraska 
and the state of South Dakota shall relinquish sovereignty over the 
lands described herein and shall assume and accept sovereignty over 
such lands ceded to them as herein provided. 
(c) In the event this compact is not approved by the legislature of 
each state on or before July, 1990, and approved by the Congress of 
the United States within three years from the date hereof, this 
compact shall be inoperative and for all purposes shall be void. 
PUBLIC LAW 101-183—NOV. 28, 1989 
103 STAT. 1333 
ARTICLE X. Enforcement 
Nothing in this compact shall be construed to limit or prevent 
either state from instituting or maintaining any action or proceed-
ing, legal or equitable, in any eourt ha^ng jurisdiction, for the 
protection of any right under this compact or the enforcement of 
any of its provisions. 
Approved November 28, 1989. 
LEGISLATIVE HISTORY—H.J. Res. 393 (S.J. Res. 192): 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Nov. 17, considered and passed House and Senate.