[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 432 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 432
_______________________________________________________________________
AN ACT
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:
Clerk.
109th CONGRESS
1st Session
H. R. 432
_______________________________________________________________________
AN ACT
To require the Secretary of the Interior to permit continued occupancy
and use of certain lands and improvements within Rocky Mountain
National Park.