[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:
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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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