[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 432 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 432

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

Mr. Udall of Colorado introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
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.
                                 <all>