[Congressional Record Volume 145, Number 123 (Tuesday, September 21, 1999)]
[House]
[Pages H8427-H8429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   GRANTING CONSENT OF CONGRESS TO MISSOURI-NEBRASKA BOUNDARY COMPACT

  Mr. GEKAS. Madam Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 54) granting the consent of Congress to the 
Missouri-Nebraska Boundary Compact.
  The Clerk read as follows:

                              H.J. Res. 54

       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

[[Page H8428]]

     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 2 states.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Gekas) and the gentlewoman from Missouri (Ms. Danner) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Gekas).


                             General Leave

  Mr. GEKAS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks, and to include extraneous material on the joint resolution 
presently under consideration, H.J. Res. 54.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. GEKAS. Madam Speaker, I yield myself such time as I may consume.
  This resolution, I say to the Members, is an exercise of 
constitutional authority, really a constitutional mandate. When two 
States, two or more States, enter into agreements in their mutual 
interest, those kinds of agreements, the compact, must gain the 
approval of the Congress. That was a salient feature of our 
constitutional process from the very beginning, and we find ourselves 
here today in sorting out the difference that existed between the 
mindsets in Missouri and Nebraska on an avulsion and accretion of the 
Missouri River which affected their boundaries.
  The Congress has reviewed it, held hearings on it in our committee, 
and we are prepared today to signify the Congress' approval of the 
compact entered into by the legislatures of the States of Missouri and 
Nebraska.

                              {time}  1615

  This problem, as I understand it, will be more fully explained by the 
gentleman from Nebraska (Mr. Bereuter) and the gentlewoman from 
Missouri (Ms. Danner). But this does date back historically, and would 
I like the record to completely reflect the fact that Lewis and Clark 
were the first to observe the problem that the gentleman from Nebraska 
(Mr. Bereuter) and the gentlewoman from Missouri (Ms. Danner) are 
fixing today.
  Madam Speaker, I reserve the balance of my time.
  Ms. DANNER. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of House Joint Resolution 54.
  (Ms. DANNER asked and was given permission to revise and extend her 
remarks.)
  Ms. DANNER. Madam Speaker, in 1864, the poet Longfellow wrote ``All 
things come round to him who will but wait.'' Well, those are prophetic 
words for me because I have, first as a Missouri State senator and now 
as a Member of Congress, waited 7 years for this agreement on the exact 
location of the boundary between our States of Missouri and Nebraska.
  More importantly, the people of Missouri and Nebraska have waited 
patiently, or I should say perhaps impatiently, since the 1930s, when 
the Army Corps of Engineers straightened and channelized the Missouri 
River and disputes over the proper border began to emerge.
  Despite a number of costly court efforts, the exact location of the 
border could not be agreed upon; and, so, for decades both Missouri and 
Nebraska considered land compact legislation to resolve an issue that 
had plagued both our States since the last century.
  However, each time one State adopted a version, the other State would 
refuse to accept that version. Thus, as a State senator, after hearing 
from many of my constituents who were facing taxation by both Missouri 
and Nebraska, I sponsored legislation in the Missouri Senate creating 
the Missouri Boundary Commission which was charged with resolving this 
matter.
  Subsequently, the Missouri Boundary Commission, joined by the 
Nebraska Boundary Commission, reached the agreement that is before us 
in the House of Representatives today.
  In July of this year, the Missouri Department of Natural Resources 
completed the survey of the new border and the State of Nebraska has 
seen and approved this survey. This new boundary will follow the 
centerline of the Missouri River design channel with the exception of 
an area of land known as McKissick's Island, which is east of the 
Missouri but has been ruled part of Nebraska by the Supreme Court of 
the United States. Now that Missouri and Nebraska have agreed on the 
exact border, all that remains is congressional approval and the matter 
will be finally settled.
  This legislation reflects not only the joint effort of the Missouri 
and Nebraska legislatures but the cooperation between the gentleman 
from Nebraska (Mr. Bereuter) and me. Our bipartisan approach and our 
commitment to working together has ensured the rapid movement of this 
bill, which will result

[[Page H8429]]

in many benefits for the affected citizens of our respective States.
  Thus, I wish to thank the congressman, the members of the Missouri 
and Nebraska Boundary Commissions, and all those who have been involved 
in implementing this compact.
  Today I am very hopeful that the waiting Mr. Longfellow spoke of so 
many, many years ago will result in the passage of House Joint 
Resolution 54.
  Madam Speaker, I reserve the balance of my time.
  Mr. GEKAS. Madam Speaker, I yield such time as he may consume to the 
gentleman from Nebraska (Mr. Bereuter).
  (Mr. BEREUTER asked and was given permission to revise and extend his 
remarks.)
  Mr. BEREUTER. Madam Speaker, I want to thank the gentleman for 
yielding me this time.
  Madam Speaker, I rise in support, of course, of H.J. Res. 54.
  I would like to begin by expressing my appreciation to the chairman 
of the committee, the gentleman from Illinois (Mr. Hyde), and the 
distinguished gentleman from Michigan (Mr. Conyers), the ranking member 
of the committee, but especially to the gentleman from Pennsylvania 
(Chairman Gekas) for expediting this legislation as well as the ranking 
member, the gentleman from New York (Mr. Nadler).
  This Member is pleased to be a cosponsor of this legislation which 
was introduced by our distinguished colleague, the gentlewoman from 
Missouri (Ms. Danner). I have heard about her long experience with this 
legislation, beginning as a State senator.
  The land affected is exclusively in the congressional district of the 
gentlewoman and this Member. I appreciate the kind of cooperation and 
good spirit and reliability and good humor and everything else about 
the gentlewoman in moving ahead with this problem. And I look forward 
to cooperating with her on the improvement of the Rulo Bridge, as a 
matter of fact, between our districts.
  House Joint Resolution 54 will provide, as the chairman indicated, 
approval of the land compact which was previously approved by the State 
legislatures of Missouri and Nebraska. The only exception, which will 
be on the other side of the river, will be McKissick's Island, which, 
as the gentlewoman has mentioned, has already been spoken to by the 
U.S. Supreme Court.
  I think this is likely to be the last time that this issue needs to 
come before the Congress because of the stabilization and the channels 
work that has been completed by the Corps of Engineers.
  The problems necessitating this compact have been around for a long 
time. As observed by Lewis and Clark, they saw how reckless and 
rambunctious the Missouri River was in moving around its channel during 
the spring rise and the winter flood season as it broke into spring.
  I would think that there is a sense of urgency because of the 
confusion regarding taxation of farmland into the disputed areas. In 
some cases, farmers and other landowners are receiving tax notices from 
both States. With the agriculture community facing such times, the last 
thing a farmer needs is to pay taxes twice or to be charged, at least, 
twice.
  This summer I held a town hall meeting in Fall City, Nebraska, one of 
the counties on the Missouri River border. And the superintendent of 
schools of the Fall City Public School District came to me and objected 
to the legislation. Indeed, in this land swap arrangement, some 
political subdivisions, some school districts, some counties, some 
other types of political subdivisions will be winners in terms of 
valuation, real estate added or subtracted, and some are losers. 
According to the superintendent, Fall City is a loser.
  But it is an issue which the Nebraska legislature has concentrated 
their attention and finally taken action, in concert with similar 
action that had taken place over in Jefferson City.
  I would say to this distinguished superintendent of schools that he 
needs to go to his State senator, possibly to Senator Wehrbein, the 
sponsor of the legislation, State Senator Wehrbein, and seek 
legislative redress if in fact the Fall City public schools is a 
substantial loser in terms of valuation for that district.
  I believe the resolution is there. The Nebraska legislature spoke 
unequivocally on this issue, and it is our responsibility, I think, to 
discharge the remaining constitutional requirements.
  The people of Nebraska and Missouri will have occasional 
disagreements about important matters, such as football and baseball, 
and they will be playing that out in a stadium this week in Columbia. 
But with enactment of H.J. Res. 54, at long last, at least we are going 
to have solved the boundary dispute to the satisfaction of both State 
governments.
  Again, I thank the chairman for expediting legislation. I thank my 
distinguished colleague for her crucial role in the Missouri 
legislature and here in the House. I urge my colleagues to support H.J. 
Res. 54.
  The center of the Missouri River formed the original boundary between 
Nebraska and Missouri. However, the boundary disputes originated from 
the shifting Missouri River which cut new channels and created 
avulsions. This natural process was greatly halted when the U.S. Army 
Corps of Engineers began efforts to stabilize the river in the 1930s. 
Since then, the river has generally maintained its current channel.
  The problems necessitating this compact have been around for decades 
and it is now time to settle this troublesome matter. This Member also 
believe there is a renewed sense of urgency because of the confusion 
regarding the taxation of farmland in the disputed areas. In some 
cases, farmers are receiving tax notices from both Nebraska and 
Missouri. With the agricultural community facing such difficult 
economic times, the last thing a farmer needs is to pay taxes twice on 
the same land.
  In addition to taxation concerns, there are also jurisdictional 
problems related to law enforcement and the delivery of services. It is 
currently possible, for example, that because of jurisdictional 
uncertainties, an individual could escape punishment if a crime is 
committed in the disputed areas. Clearly, these are serious problems 
that would be resolved by this legislation.
  In certain cases, costly litigation is needed to determine the true 
and correct boundary line. In some instances, a Missouri court may 
determine that the land should be located in Missouri, while a Nebraska 
court will find that the same land belongs to Nebraska. It is in the 
best interests of both states, as well as those landowners affected by 
this uncertainty, to have these disputes handled in a formal manner 
which makes sense. The compact is intended to do just that.
  Ms. DANNER. Madam Speaker, I yield back the balance of my time.
  Mr. GEKAS. Madam Speaker, I yield myself such time as I may consume 
only to add a note to the Congressional Record that in this and many 
other issues that come before our committee our legal staff, Ray 
Smitanka and Jim Harper, Susan Conklin, and others have helped 
immensely from beginning to end. I want, in his absence, to also 
commend Demetrios Kouzoukas, who acted as and was an intern in our 
office and worked specifically on this piece of legislation, and I want 
the Record to indicate our gratitude to him for his efforts there.
  I urge support and passage of this legislation.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Gekas) that the House 
suspend the rules and pass the joint resolution, H.J. Res. 54.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

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