1-121.

MISSOURI RIVER BARGE TRAFFIC COMPACT (1984)

A BILL

FOR AN ACT relating to barge traffic on the Missouri River; to direct the Governor to enter into a compact as prescribed.

Be it enacted by the people of the State of Nebraska,

Section 1. The Governor of Nebraska is hereby authorized and directed to execute a compact on behalf of the State of Nebraska with the states of Iowa, Kansas, and Missouri legally joining therein, in form substantially as follows:

ARTICLE I

The purposes of this compact are to provide for planning for the most efficient use of the waters of the Missouri River, to increase the amount of barge traffic on that segment of the Missouri River below Sioux City, to take necessary steps to develop the Missouri River and its banks to handle more barge traffic than is presently handled, to encourage barge use on that segment of the Missouri for transporting bulk goods, especially farm commodities, to insure that the intended increase in barge traffic does not impose unacceptable damage on the Missouri River in all its various uses, including agriculture, wildlife management, and recreational opportunities, to consider the effects of diversion of the waters of the Missouri River on navigation, and to promote joint action between the compact parties to accomplish these purposes. The purposes of the compact do not include lobbying activities against user fees for barge traffic and such activities under this compact are prohibited.

ARTICLE II

It is the responsibility of the four states to accomplish the purposes in Article I through the official in each state charged with the duty of administering the public waters and to collect and correlate through those officials the data necessary for the proper administration of the compact. Those officials may, by unanimous action, adopt rules and regulations to accomplish the purposes of this compact.

ARTICLE III

The states of Iowa, Missouri, Kansas, and Nebraska agree that within a reasonable time they shall fulfill the obligations of this compact and that each shall authorize the proper official or agency in its state to take the necessary steps to promote barge use and develop the Missouri River as it flows between and within the compact states for additional barge traffic.

ARTICLE IV

This compact does not limit the powers granted in any other act to enter into interstate or other agreements relating to the Missouri River flowing between and within the compact states, alter the relations between the respective internal responsibilities of the government of a party state and its subdivisions, or impair or affect any rights, powers, or jurisdiction of the United States, or those acting by or under its authority, in, over, and to those waters of the Missouri River. Adoption of this compact by the Legislature shall not require the signatory states to adopt any legislation or to appropriate funds for its implementation.

ARTICLE V

Other states having an interest in the promotion of barge traffic on the Missouri River can join in this compact by unanimous consent of the member states.

Any member state can withdraw at any time by appropriate action of its legislature.