[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 54 Reported in Senate (RS)]






                                                       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.

    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 `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 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;
            ``(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.

                              ``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 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.

                              ``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.

            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 Missouri-Nebraska Boundary 
                                Compact.

_______________________________________________________________________

                            November 4, 1999

                       Reported without amendment