Home > 106th Congressional Bills > H.J.Res. 54 (ih) Granting the consent of Congress to the Missouri-Nebraska Boundary Compact. [Introduced in House] ...H.J.Res. 54 (ih) Granting the consent of Congress to the Missouri-Nebraska Boundary Compact. [Introduced in House] ...
H.J.Res. 54
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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 onthe 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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