Statement by the Honorable Doug Bereuter

H.J.Res. 54

House Subcommittee on Commercial and Administrative Law

July 29, 1999

Chairman Gekas, Congressman Nadler, and Members of the Subcommittee: I would like to begin by thanking you for the opportunity to testify in support of H.J.Res. 54.

I am pleased to be a cosponsor of this legislation which was introduced by my colleague, Congresswoman Danner from Missouri. House Joint Resolution 54 would provide Congressional approval to a land compact which was previously approved by the state legislatures in both Nebraska and Missouri. The compact establishes the middle of the Missouri River as the boundary between the two states, except for that land known as McKissick's Island as determined by the U.S. Supreme Court to be within the state of Nebraska. In doing so, the compact would transfer certain lands west of the Missouri River to Nebraska and certain lands east of the river to Missouri. The compact would also allow the states to negotiate boundary adjustments in the future in the event of changes in the river's channel.

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. I 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 and they 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.

People from Nebraska and Missouri will still have occasional disagreements about important matters such as football and basketball, but with enactment of H.J.Res. 54, at long last they will have resolved the boundary dispute to the satisfaction of both state governments.