[106th Congress Public Law 101]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ101.106]


[[Page 113 STAT. 1333]]

Public Law 106-101
106th Congress

                            Joint Resolution


 
   Granting the consent of Congress to the Missouri-Nebraska Boundary 
           Compact. <<NOTE: Nov. 12, 1999 -  [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;

[[Page 113 STAT. 1334]]

            ``(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.

[[Page 113 STAT. 1335]]

                               ``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

[[Page 113 STAT. 1336]]

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.

[[Page 113 STAT. 1337]]

                              ``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.

    Approved November 12, 1999.

LEGISLATIVE HISTORY--H.J. Res. 54:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-303 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            Sept. 21, considered and passed House.
            Nov. 5, considered and passed Senate.

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