6-29-05
Bill Passed House w/o Objection
Referred to Senate

June 29, 2005

Received; read twice and referred to the Committee on Energy and Natural Resources

To require the Secretary of the Interior to permit continued occupancy and use of certain lands and improvements within Rocky Mountain National Park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

(a) Short Title- This Act may be cited as the `Betty Dick Residence Protection Act'.

(b) Findings- The Congress finds the following:

(1) Prior to their divorce, a married couple, Fred Dick and Marilyn Dick, owned as tenants in common a tract of land that included the property identified in section 2(b) of this Act.

(2) When Fred and Marilyn Dick were divorced, Marilyn Dick became the sole owner of the tract, but Fred Dick retained the right of first refusal to acquire it if Marilyn Dick ever chose to sell it.

(3) In 1977, Marilyn Dick sold the tract to the United States for addition to Rocky Mountain National Park, but Fred Dick, asserting his right of first refusal, sued to cancel the transaction.

(4) In 1980, the lawsuit was settled through an agreement between the National Park Service and Mr. Dick and his heirs, successors and assigns.

(5) Under the 1980 settlement agreement, Mr. Dick and his new wife, Ms. Betty Dick, were allowed to lease and occupy the 23 acres comprising the property identified in section 2(b) for 25 years.

(6) Mr. Dick died in 1992, but Betty Dick has continued to lease and occupy the property identified in section 2(b) under the terms of the settlement agreement.

(7) Betty Dick's right to lease and occupy the property identified in section 2(b) will expire on July 16, 2005, at which time Ms. Dick will have attained the age of 83 years.

(8) Ms. Dick wishes to continue to occupy the property for the remainder of her life, and has sought to conclude a new agreement with the National Park Service that would permit her to do so. However, the Park Service has not been willing to agree to such an arrangement and is demanding that she vacate the property by July 16, 2005.

(9) Since 1980, Betty Dick has consistently occupied the property identified in section 2(b) as a summer residence and has made it available for community events. During that period, she has been a good steward of the property. Her occupancy has not been detrimental to the resources and values of Rocky Mountain National Park and has not created problems for the National Park Service or the public.

(10) Under the circumstances it is appropriate for Betty Dick to be permitted to continue her occupancy of the property identified in section 2(b) for the remainder of her natural life under the terms and conditions applicable to such occupancy since 1980.

(c) Purpose- The purpose of this Act is to require the Secretary of the Interior to permit continued occupancy and use of the property identified in section 2(b) by Betty Dick for the remainder of her natural life.

SEC. 2. RIGHT OF OCCUPANCY.

(a) In General- The Secretary of the Interior shall permit continued occupancy and use of the property described in subsection (b) by Betty Dick for the remainder of her natural life, subject to the requirements of this Act.

(b) Identification of Property- The property referred to in subsection (a) are the lands and improvements within the boundaries of Rocky Mountain National Park identified as `residence', `occupancy area', and `barn' on the map entitled `Betty Dick Residence and Barn' dated January, 2005.

(c) Terms and Conditions- Occupancy and use of the property identified in subsection (b) shall be subject to the same terms and conditions as specified in the document entitled `Settlement Agreement' between the National Park Service and Mr. Fred Dick dated July 17, 1980, except that Betty Dick shall be required to annually pay to the Secretary of the Interior an amount equal to one twenty-fifth of the amount specified in section 3(B) of such agreement.

(d) Construction- Nothing in this Act shall be construed to permit construction of any structure not in existence on November 30, 2004, or to apply to occupancy or use of the property described in subsection (b) by any person other than Betty Dick.

Passed the House of Representatives June 29, 2005.

Attest:

JEFF TRANDAHL,

Clerk.

END